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23 1992

ELECTORAL ACT, 1992

PART XI

Agents of Candidates

Appointment of agents.

59. —(1) A candidate may appoint one election agent to assist him generally in relation to a Dáil election.

(2) A candidate or his election agent may appoint with respect to any polling district in the constituency one deputy agent to assist the candidate in the polling district and to act therein as deputy for the candidate's election agent.

(3) The appointment of an election agent may be revoked by the candidate and the appointment of a deputy agent may be revoked by the candidate or his election agent.

(4) Where the appointment of an agent under this section is revoked or an agent appointed under this section dies, resigns or becomes incapable of acting during a Dáil election, another agent may be appointed under this section in his place.

(5) The person by whom an agent is appointed under this section shall immediately after the appointment give written notice of the appointment and of the name and address of the agent to the returning officer.

General provisions as to agents.

60. —(1) A candidate or his election agent may appoint agents to be present on the candidate's behalf—

(a) at the issue of ballot papers to postal voters,

(b) in polling stations,

(c) at the opening of the postal ballot boxes, and

(d) at the counting of the votes.

(2) Subject to the provisions of subsection (3), the number of agents who may be appointed to be present on behalf of any candidate shall be fixed by the returning officer so, however, that the same number shall be allowed on behalf of every candidate.

(3) A candidate or his election agent may appoint one person (in this Act referred to as a “personation agent”) to be present as the candidate's agent in each polling station for the purpose of assisting in the detection of personation, and such appointment shall be in writing.

(4) An appointment under this section may be revoked by the candidate or his election agent.

(5) A candidate or his election agent shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notice to the returning officer of the name and address of every agent appointed by the candidate or his election agent to be present at the said issue and the returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address have not been so notified to him.

(6) A candidate or his election agent shall, not less than 2 days (disregarding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every personation agent appointed by the candidate or his election agent together with the name of the polling station for which the personation agent is appointed. A personation agent appointed in accordance with this section and whose name and address have been duly notified to the returning officer shall be entitled to be present in the polling station referred to in the notification during the period commencing 30 minutes before the time fixed by the Minister for the commencement of the poll and ending when the ballot boxes have been sealed by the presiding officer pursuant to section 110 (2), and the documents and materials specified in that section have been placed in sealed packets.

(7) A candidate or his election agent shall, not less than 2 days (disregarding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every agent appointed by the candidate or his election agent to be present at the opening of the postal ballot boxes and the returning officer may refuse to admit to the place where the postal ballot boxes are to be opened any agent whose name and address have not been so notified to him.

(8) A candidate or his election agent shall, not less than 2 days (disregarding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every agent appointed by the candidate or his election agent to be present at the counting of the votes and the returning officer may refuse to admit to the place where the votes are to be counted any agent whose name and address have not been so notified to him.

(9) Where the appointment of an agent under this section is revoked or an agent appointed under this section dies, resigns or becomes incapable of acting during a Dáil election, another agent may be appointed under this section in his place and, where such an appointment is made, the person making the appointment shall forthwith give written notice of the name and address of the agent appointed to the returning officer.

(10) A candidate may lawfully do or assist in the doing of any thing which may lawfully be done on his behalf by an agent appointed under this section or section 59 and may be present (in addition to, or in substitution for, any such agent) at any place at which any such agent may, pursuant to this Act, be present.

(11) Any thing required by this Act to be done in the presence of an agent of a candidate shall not be invalidated by reason only of the agent's not being present at the time and place appointed for doing such thing.

Officers not to act as agents of candidates, further candidatures etc.

61. —(1) A returning officer or a person employed by him for any purpose relating to a Dáil election shall not act as an agent for a candidate at that election and shall not be associated in furthering the candidature of a candidate or promoting the interests of a political party at the election.

(2) A returning officer shall not employ in any capacity for the purposes of a Dáil election a person who has been employed by or on behalf of a candidate in or about the election or has been associated in furthering the candidature of a candidate or promoting the interests of a political party at an election.