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4 2009

Electoral (Amendment) Act 2009

PART 5

European Parliament Elections

Substitution of sections 12 and 13 of European Parliament Elections Act 1997.

10 .— The European Parliament Elections Act 1997 is amended by substituting the following sections for sections 12 and 13:

“Nomination of candidates and replacement candidates.

12.— (1) At a European election a person may nominate himself or herself as a candidate or may, with his or her consent, be nominated by another person (being a person registered as a European elector in the constituency for which the person proposes to nominate the candidate) as proposer.

(2) In the case of a candidate whose candidature is not authenticated by a certificate of political affiliation under rule 5(3) of the Second Schedule, one or other of the following paragraphs shall, before the expiration of the time appointed by this Act for receiving nominations, be complied with:

(a) the candidate’s nomination shall have been assented to by 60 persons (excluding the candidate and any proposer) who are registered as European electors in the constituency (each of whom in this Act is referred to as an ‘assentor’);

(b) the candidate, or someone on his or her behalf, shall have made a deposit in accordance with section 13.

(3) The following provisions apply in respect of the assents required by subsection (2)(a) to the nomination of a candidate referred to in that subsection:

(a) to assent to the nomination, an assentor shall make a statutory declaration in the prescribed form stating the following:

(i) his or her number (including polling district letters) on the register of European electors in force on the date of the making of the statutory declaration;

(ii) his or her place of ordinary residence in respect of which he or she is registered in the register of European electors referred to in subparagraph (i);

(iii) his or her contact details, including telephone numbers (if any);

(iv) the name of the European Parliament constituency, on the date of the making of the statutory declaration, in which he or she is ordinarily resident;

(v) the name and address of the candidate;

(vi) the form of identification produced by him or her in accordance with paragraph (b), including any number on it that distinguishes it from similar forms held by others;

(vii) that he or she assents to the nomination of the candidate;

(viii) that he or she has not assented to the nomination of any other candidate in respect of that European election;

(b) when making the statutory declaration referred to in paragraph (a), the assentor shall produce to the person taking and receiving the declaration a prescribed photographic identification and shall, on so doing, be deemed, for the purposes of the Statutory Declarations Act 1938 , to be personally known to the person taking and receiving the declaration;

(c) the assent shall have effect as respects, and only as respects, the European Parliament constituency in which the place referred to in paragraph (a)(ii) is situate at the time of the European election concerned;

(d) subject to paragraph (e), the assent shall have effect as respects, and only as respects, the European election in the constituency referred to in paragraph (c) held next after the making of the statutory declaration;

(e) notwithstanding paragraph (d), the assent shall cease to have effect if the register of European electors referred to in paragraph (a) ceases to be in force before the holding of the European election referred to in paragraph (d);

(f) the candidate or proposer shall attach the required number of statutory declarations (that is to say, the 60 statutory declarations constituting the assents) to the nomination paper and the nomination paper delivered to the returning officer in accordance with rule 11 of the Second Schedule shall have the declarations so attached;

(g) where more than the required number of statutory declarations is attached to the nomination paper, the declarations (up to the required number) first attached to the nomination paper shall be taken into account to the exclusion of any others;

(h) it shall be lawful for a member of the Garda Síochána or an official of the registration authority to take and receive a statutory declaration referred to in paragraph (a) and any such declaration shall be stamped by the member or official concerned;

(i) a registration authority and a returning officer shall arrange for the provision of forms for the purposes of making a statutory declaration referred to in paragraph (a) free of charge to any person who requests such a form.

(4) For the purposes of subsections (2)(a) and (3), a person whose application to have his or her name entered in a supplement to the register of European electors is approved by the registration authority at or before the latest time for delivery of a nomination paper to the returning officer shall be deemed to be registered as a European elector in the applicable constituency.

(5) At a European election—

(a) a registered political party, and

(b) a person who in relation to the election is a non-party candidate,

may, subject to and in accordance with rules 17, 18 and 19 of the Second Schedule, nominate one or more persons, with the consent of the person or persons concerned, to be as regards the election replacement candidates.

(6) Subject to rule 17(b) of the Second Schedule, a person who is a candidate at a European election shall be eligible for nomination as a replacement candidate.

(7) At a European election a person may not be nominated as a candidate or as a replacement candidate in respect of more than one constituency.

Deposit by certain candidates.

13.— (1) This section applies to a candidate referred to in section 12(2) unless the candidate concerned has opted to have his or her nomination assented to by the means specified in section 12(2)(a) and (3).

(2) A candidate at a European election referred to in section 12(2), or someone on his or her behalf, may, before the expiration of the time appointed by this Act for receiving nominations, deposit with the returning officer the sum of €1,800, and if he or she fails to do so, his or her candidature shall be deemed to have been withdrawn.

(3) The deposit that may be made by or on behalf of a candidate pursuant to this section may be made by means of legal tender or, with the consent of the returning officer, in any other manner.

Return or disposal of deposit.

13A.— (1) The deposit referred to in section 13 shall be returned where the candidate—

(a) withdraws his or her candidature in accordance with rule 15 of the Second Schedule,

(b) dies before the poll is closed,

(c) has not, before the expiration of the time for the receipt of nominations, been validly nominated as a candidate,

(d) is elected, or

(e) is not elected but the greatest number of votes credited to him or her at any stage of the counting of the votes at the European election exceeds one quarter of the quota.

(2) Any deposit which is not returned under the foregoing subsection shall be forfeited.

(3) Where a deposit is to be returned under subsection (1) it shall be returned to the person by whom it was made, provided that a deposit made by a person who dies before the deposit is returned shall be returned to the personal representative of that person.

(4) A deposit forfeited under this section shall be disposed of by the returning officer in such manner as may be directed by the Minister for Finance.

(5) In this section ‘personal representative’ has the meaning assigned to it by section 3 of the Succession Act 1965 .”.

Substitution of rules 2 to 5 of Second Schedule to European Parliament Elections Act 1997.

11 .— The Second Schedule to the European Parliament Elections Act 1997 is amended by substituting the following rules for rules 2 to 5:

“Notice of election.

2.— The returning officer shall, not later than the twenty-eighth day (disregarding any excluded day) before the polling day, give public notice in the form directed by the Minister of the European election (in this Schedule referred to as the ‘notice of election’) stating—

(a) the times for receiving nominations,

(b) the requirement on candidates referred to in section 12(2) to secure 60 assents or make a deposit in accordance with section 13,

(c) the times and place at which nomination papers, replacement candidates lists and the forms of statutory declaration referred to in rule 6 may be obtained,

(d) the times and place at which the returning officer will attend to receive nominations, and

(e) the day and the period fixed for the holding of the poll if the election is contested.

Register of Political Parties.

3.— On the day (disregarding any excluded day) before the latest date for the publication of the notice of election, the Registrar of Political Parties shall send to each returning officer a copy of the Register of Political Parties.

Necessity for nomination.

4.— A person shall not be entitled to have his or her name inserted in a ballot paper as a candidate at a European election unless that person has been nominated in the manner provided by this Act and the person's nomination paper has been ruled as valid by the returning officer.

Nomination of candidates.

5.— (1) Each candidate shall be nominated by a separate nomination paper in the prescribed form. The form of nomination paper may include—

(a) a note of the qualifications, disqualifications and incapacities as regards election to and membership of the Parliament,

(b) a note of the provisions that apply under this Act to the nomination of a candidate referred to in section 12(2), including—

(i) the fact that a candidate referred to in section 12(2) may either follow the procedure for assenting under section 12(2)(a) and (3) or make a deposit under section 13,

(ii) the procedure for assenting under section 12(2)(a) and (3), and

(iii) the procedure for making a deposit under section 13,

(c) a form of statement indicating whether the candidate is—

(i) a citizen of Ireland or a British citizen, or

(ii) a national of a Member State, other than the State or the United Kingdom,

and

(d) a form of declaration, to be signed by the candidate or the candidate's proposer, that he or she has read the note referred to in paragraph (a) and believes that—

(i) the information furnished in the nomination paper is correct in all material respects, and

(ii) the candidate is eligible for election, has consented to the nomination, does not stand validly nominated in respect of any other constituency and is not a candidate at the election in any other Member State.

(2) Each nomination paper shall state the names (the surname being stated first) and the address and the occupation (if any) of the candidate.

(3) (a) A candidate may include in the nomination paper the name of the registered political party of which he or she is a candidate or the name of such political party together with the name of any political group noted on the Register of Political Parties in relation to that political party, provided that, at the time the nomination paper is delivered to the returning officer, a certificate in the form directed by the Minister (in this Schedule referred to as a ‘certificate of political affiliation’) authenticating the candidature is produced to the returning officer, being a certificate signed by the officer or officers of such party whose name or names appear in the said Register pursuant to section 25(7)(d) of the Act of 1992. Where such a certificate is produced, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause—

(i) a statement of the name of the relevant political party and a copy of the political party’s emblem as registered in the said Register to be specified in relation to the candidate on all the ballot papers, and

(ii) a statement of the name of the relevant political party to be specified in relation to the candidate on notices.

(b) Where a candidate includes in the nomination paper a statement of the name of a political group in addition to the name of a political party, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of such political group in addition to the name of such party to be specified on all such ballot papers and notices.

(4) Where a candidate is not the candidate of a registered political party, the candidate shall be entitled to enter after his or her name on the nomination paper the expression ‘Non-Party’ and, if the candidate does so, the returning officer shall cause a statement of that expression to be specified in relation to the candidate on all the ballot papers and on notices.

(5) A person to whom paragraph (4) applies may include in the nomination paper the name of any political group formed in accordance with the rules of procedure of the Parliament of which he or she is a member, provided that, at the time the nomination paper is delivered to the returning officer, a certificate (in this Schedule referred to as a ‘certificate of European political affiliation’) is also produced to the returning officer, being a certificate signed by a member of the Secretariat of the relevant political group that the person in question is a member of the political group formed in accordance with the rules of procedure of the Parliament and named in the certificate. Where such a certificate is produced, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of such political group, in addition, where appropriate, to the expression ‘Non-Party’, to be specified in relation to the candidate on all the ballot papers and on notices.

(6) Every reference in this rule to the Register of Political Parties shall be construed as a reference to the copy of that Register sent to the returning officer pursuant to rule 3.”.

Substitution of rule 13 of Second Schedule to European Parliament Elections Act 1997.

12 .— The Second Schedule to the European Parliament Elections Act 1997 is amended by substituting the following rule for rule 13:

“Ruling on validity of nomination papers.

13.— (1) (a) The returning officer shall rule on the validity of each nomination paper within one hour after its delivery to him or her and, subject to paragraph (d), may rule that it is invalid if, but only if, he or she considers that the paper is not properly made out or signed.

(b) Without prejudice to paragraphs (a) and (d), the returning officer may also rule that the nomination paper of a candidate referred to in section 12(2)(a) is invalid if he or she considers that the provisions of section 12(2)(a) and (3) have not been complied with.

(c) The returning officer shall not rule that a nomination paper is invalid because an assentor has assented to the nomination of more than one candidate at the same European election.

(d) The returning officer shall rule invalid any nomination paper relating to a person referred to in rule 6(1) which is not accompanied by both the statutory declaration and the attestation referred to in that rule or where it appears to the returning officer that the said declaration or attestation does not conform with the said rule 6.

(2) The candidate nominated by each nomination paper and the candidate's proposer, if any, and one other person designated by the candidate or proposer, as the case may be, and no other person, except with the permission of the returning officer, shall be entitled to attend while the said nomination paper is being ruled upon by the returning officer.

(3) The returning officer shall object to the name of a candidate in a nomination paper if such name—

(a) is not a name by which the candidate is commonly known,

(b) is misleading and likely to cause confusion,

(c) is unduly long, or

(d) contains a political reference,

and where the returning officer so objects, he or she shall allow the candidate or proposer, as may be appropriate, to amend the name and, if it is not so amended to the returning officer's satisfaction, the returning officer may amend it, as he or she thinks fit, after consultation with the candidate or proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.

(4) The returning officer shall object to the description of a candidate in a nomination paper which is, in the opinion of the returning officer, incorrect, insufficient to identify the candidate or unnecessarily long or which contains a political reference other than, where appropriate, a reference to a public or elected office held, or formerly held, by the candidate or an entry made pursuant to paragraph (3), (4) or (5) of rule 5. Where a returning officer so objects, he or she shall allow the candidate or proposer, as may be appropriate, to amend the description and, if it is not so amended to the returning officer's satisfaction, the returning officer may amend or delete it, as he or she thinks fit, after consultation with the candidate or proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.

(5) Having ruled on the validity of a nomination paper, the returning officer shall put a note of the decision on the nomination paper and shall sign the note. If the returning officer rules that the paper is invalid, the officer shall include a statement of the reasons for the decision. The decision of the returning officer under this rule shall be final subject only to reversal on a petition questioning the election.

(6) As soon as practicable after ruling on the validity of a nomination paper, the returning officer shall give, by post or otherwise, notice in writing of the ruling to the candidate.

(7) Every person in respect of whom a nomination paper has, under this rule, been determined to be valid and whose candidature is not withdrawn in accordance with rule 15 or is not deemed under section 13(2) or rule 27(1) to have been withdrawn shall stand validly nominated as a candidate.”.

Amendment of rules 17 and 88 of Second Schedule to European Parliament Elections Act 1997.

13 .— The Second Schedule to the European Parliament Elections Act 1997 is amended—

(a) in rule 17—

(i) in paragraph (a)(i) by substituting “six” for “four”, and

(ii) in paragraph (a)(ii) by substituting “four” for “three”,

and

(b) in rule 88 by substituting the following paragraph for paragraph (3):

“(3) When the last vacancies can be filled under this rule, no further transfer of votes shall be made unless any of the continuing candidates has not been credited with a number of votes exceeding one quarter of the quota and it is necessary for the purposes of section 21 of the Electoral Act 1997 or section 13A(1)(e) to make such transfer in order to establish whether such a number of votes could be credited to that candidate.”.

Amendment of Schedule to Electoral Act 1997.

14 .— The Schedule to the Electoral Act 1997 is amended by substituting the following subparagraphs for subparagraphs (d) and (dd) of paragraph 2:

“(d) necessary travelling and other expenses incurred by a candidate or an assentor in meeting the requirements of subsections (5)(a) and (6) of section 46 of the Act of 1992 and subsections (2)(a) and (3) of section 12 of the Act of 1997,

(dd) the payment by or on behalf of a candidate of a deposit under section 47 of the Act of 1992 and section 13 of the Act of 1997,”.