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28 1993

PRESIDENTIAL ELECTIONS ACT, 1993

PART II

Nomination of Candidates

General provisions relating to nomination of candidates.

14. —(1) A candidate at a presidential election shall be nominated in accordance with the provisions of this Part.

(2) A nomination shall be effected by means of a nomination paper or nomination papers in such one of the prescribed forms as may be appropriate.

(3) A nomination paper (other than a nomination paper referred to in section 17 (1)) shall include a declaration that the person proposed to be nominated thereby to be a candidate is eligible for election to the office of President and has consented to the proposed nomination.

(4) A nomination paper purporting to nominate a person to be a candidate at an election shall be delivered by the person or one or more of the persons making the nomination to the presidential returning officer not earlier than 10 a.m. on the second day (excluding any excluded day) next following the date of the presidential election order and not later than 12 noon on the last day for receiving nominations.

(5) A nomination paper purporting to nominate to be a candidate at a presidential election a person who has been re-elected once to the office of President shall be invalid.

Nomination by members of the Oireachtas.

15. —(1) A nomination of a person to be a candidate at a presidential election which is made by members of the Oireachtas shall be made in accordance with the following provisions, that is to say:

(a) the nomination shall be in writing and shall be signed by the persons by whom it is made (being not less than 20 in number and each of whom is a member of one of the Houses of the Oireachtas),

(b) the nomination shall be made by means of a single nomination paper,

(c) a nomination paper shall state the names (the surname being stated first), address and occupation (if any) of the person thereby nominated to be a candidate and shall also state all such matters as are required by the nomination paper to be stated therein.

(2) The presidential returning officer shall furnish free of charge a nomination paper or papers to any member of the Oireachtas applying therefor.

(3) The presidential returning officer shall furnish to the Clerk of the Dáil and the Clerk of the Seanad a supply of nomination papers for the use of members of each House of the Oireachtas.

(4) Without prejudice to sections 30 and 31 , where a member of a House of the Oireachtas signs as a nominator 2 or more nomination papers which are delivered to the presidential returning officer in accordance with section 14 and which purport to nominate different persons to be candidates at an election, the signature of the member on the first such nomination paper received by the presidential returning officer shall alone be regarded and the member's signature on every other such paper shall be disregarded but without prejudice to any other signature thereon.

Nomination by county councils and county borough corporations.

16. —(1). A council of a county or a corporation of a county borough may, by resolution (of the intention to propose which not less than 3 clear days' notice has been given in writing to every person who, at the time when such notice is given, is a member of the council or the corporation, as appropriate) resolve to nominate one named person to be a candidate at a presidential election.

(2) A resolution under this section shall not be passed before the date of the making of the presidential election order in respect of the presidential election to which the resolution relates and, subject to sections 30 and 31 , such a resolution shall not be rescinded.

(3) A resolution passed under this section shall be given effect to by means of a nomination paper in the form prescribed for this purpose sealed with the seal of the council or corporation concerned.

(4) A nomination paper referred to in this section shall state the names (the surname being stated first), address and occupation (if any) of the person thereby nominated to be a candidate and shall also state all such matters as are required by the nomination paper to be stated therein.

(5) A nomination paper referred to in this section which is delivered to the presidential returning officer in accordance with section 14 and which is regular and valid on its face shall (unless the contrary is shown) be conclusive evidence that the resolution mentioned therein was duly proposed and passed in accordance with this section on the date stated in that behalf in the nomination paper at a meeting properly convened and held of the council or corporation whose seal is affixed to the nomination paper.

(6) The presidential returning officer shall furnish free of charge a nomination paper or papers to any council of a county or corporation of a county borough applying therefor.

(7) Without prejudice to sections 30 and 31 , where, in accordance with section 14 , the presidential returning officer receives from the council of the same county or the corporation of the same county borough 2 or more nomination papers which are regular and valid on their face and which purport to nominate different persons to be candidates at the said election, the following provisions shall have effect:

(a) any 2 or more of such nomination papers which purport to give effect to resolutions passed on the same day shall be invalid, and all (if any) of such nomination papers which purport to give effect to a resolution passed on a subsequent day shall also be invalid,

(b) subject and without prejudice to paragraph (a), that one (if any) of such nomination papers which purports to give effect to a resolution passed on a day earlier than that on which any of the resolutions to which the others of such nomination papers purport to give effect was passed, shall alone be regarded and the others of such nomination papers shall be invalid.

(8) Four valid nomination papers each nominating the same person to be a candidate in pursuance of a resolution passed in accordance with this section by the council of a different county or the corporation of a different county borough shall be necessary to constitute a nomination of the person by councils of counties or corporations of county boroughs.

(9) The exercise of the powers conferred by this section shall be, in the case of the council of a county, a reserved function for the purposes of the County Management Acts, 1940 to 1991, and, in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.

Nomination by a former or the retiring President.

17. —(1) A nomination of a person who is a former or the retiring President to be a candidate at a presidential election made pursuant to Article 12.4.4° of the Constitution shall be in writing on a nomination paper in the appropriate prescribed form signed by the person and delivered to the presidential returning officer in accordance with section 14 by the person or the authorised representative of the person.

(2) Such nomination paper shall state the names (the surname being stated first), address and occupation (if any) of the person thereby nominated to be a candidate and shall also state all such matters as are required by the nomination paper to be stated therein.

(3) The presidential returning officer shall furnish free of charge on request a nomination paper or nomination papers to any former or the retiring President.

Consecutive numbering of nomination papers.

18. —(1) The presidential returning officer shall number consecutively in the order in which they are received all nomination papers (whether or not they appear to be regular and valid on their face) purporting to nominate in accordance with this Act a person to be a candidate at the election which are delivered in accordance with section 14 and, for that purpose, shall, immediately after receiving any such nomination paper, endorse thereon the said consecutive number thereof.

(2) The numbers endorsed on nomination papers by the presidential returning officer in pursuance of this section shall (unless the contrary is shown) be conclusive evidence of the order in which such papers were received.

Notice of receipt of nomination paper.

19. —(1) Whenever the presidential returning officer receives in accordance with section 14 a nomination paper purporting to nominate a person to be a candidate at an election, the officer shall—

(a) forthwith give by post or otherwise to the person named in the nomination paper as a candidate at the election notice in writing stating that the presidential returning officer has received the nomination paper and that the person is purported to be nominated as aforesaid (as the case may be) by a named council of a county or corporation of a county borough or by members (who need not be named) of the Oireachtas or by a former or the retiring President, and

(b) give public notice of the receipt of the nomination paper.

(2) The omission of the presidential returning officer to give or the failure of the person named as aforesaid to receive the notice referred to in subsection (1) shall not relieve the latter person from the obligation imposed on the person by this Act to attend at the ruling on nominations.

Ruling on nominations.

20. —(1) At 12 noon on the last day for receiving nominations at a presidential election, the presidential returning officer shall attend at the place appointed in that behalf by the presidential election order and shall there and then do the following things:

(a) produce all the nomination papers delivered in accordance with section 14 purporting to nominate a person to be a candidate at the election,

(b) examine all such papers in the order in which they were received,

(c) rule that a nomination paper is invalid if, in his opinion, it is not properly made out and signed or is invalid under section 14 (5) or 16 (7) or relates to a person whose nomination to be a candidate at the election he has ruled to be invalid under section 22 or 26 and write the word “invalid” on the nomination paper,

(d) rule that a nomination paper stands withdrawn if it purports to nominate as a candidate at the election a person in respect of whom he has received a notice of withdrawal under section 30 or who is deemed to have withdrawn under section 31 (1) and write the word “withdrawn” on the nomination paper,

(e) examine each nomination paper which he has not ruled to be invalid or to stand withdrawn under this subsection and delete therefrom any signature which in accordance with section 15 (4) is to be disregarded,

(f) ascertain from the nomination papers not ruled to be invalid or to stand withdrawn under this subsection the persons who are nominated in accordance with law to be candidates at the election and declare each such person to stand nominated as a candidate at the election,

(g) if only one person is so declared as aforesaid, declare the person to have been elected to be the President and send to the Taoiseach and publish in Iris Oifigiúil a certificate in the prescribed form of such election of such person and comply with the provisions of section 56 (2),

(h) if 2 or more persons are so declared as aforesaid, adjourn the election for the purpose of taking a poll in accordance with this Act.

(2) The proceedings under this section are referred to in this Act as “the ruling on nominations”.

Persons permitted to attend at the ruling on nominations.

21. —The following (and no other) persons shall be entitled to be present at the ruling on nominations:

(a) the presidential returning officer and his assistants,

(b) the judicial assessor and one person brought by the assessor to attend on him,

(c) the persons purported to be nominated as candidates at the election concerned,

(d) the authorised representatives (if any) of the persons purported to be so nominated, but not more than one such representative of each such person,

(e) not more than 2 other persons brought by each person purported to be so nominated (or, if the person is not present, by the person's authorised representative) to assist the person or the representative,

(f) witnesses giving oral evidence, but only while giving such evidence,

(g) such other persons as the presidential returning officer thinks proper to admit.

Attendance of persons nominated to be candidates at the ruling on nominations.

22. —(1) A person purported to be nominated as a candidate at an election shall attend, either in person or by an authorised representative, during the whole of the ruling on nominations and shall furnish (either personally or by the authorised representative of the person) all such information as shall be within the person's knowledge and shall be reasonably required to be furnished by the presidential returning officer or the judicial assessor for the purpose of the performance of their duties under this Act.

(2) Where a person purported to be nominated as aforesaid fails to attend, in person or by an authorised representative, at the ruling on nominations as required by this section or fails or refuses to furnish to the presidential returning officer or the judicial assessor information required under this section to be furnished by the person, the presidential returning officer may rule the nomination of the person to be a candidate at the election concerned to be invalid.

The judicial assessor.

23. —(1) The President of the High Court or some other judge of the High Court nominated by the President of the High Court shall attend at the ruling on nominations and there sit with and act as judicial assessor to the presidential returning officer.

(2) The presidential returning officer may, on his own motion, and shall, if so requested by a person purported to be nominated as a candidate at the election concerned or the authorised representative of such a person, refer to the judicial assessor any question arising during the ruling on nominations in relation to any nomination paper or the nomination of any person to be a candidate or any other matter connected with the nomination of persons to be candidates including the eligibility for election to the office of President of any person purported to be nominated as a candidate.

(3) The judicial assessor shall there and then give his opinion on every question referred to the said assessor under this section and the presidential returning officer shall have regard to such opinion.

Appeal to High Court.

24. —(1) Where at the ruling on nominations a person purported to be nominated as a candidate at the election concerned or the authorised representative of such a person objects, on grounds which shall be stated there and then, to—

(a) the ruling by the presidential returning officer on the validity of any nomination, or

(b) the eligibility for election to the office of President of any person declared to stand nominated as a candidate at the presidential election concerned,

and states that it is intended to appeal to the High Court against the ruling or declaration, the presidential returning officer shall adjourn the ruling on nominations until such time after the appeal is finally determined or withdrawn as the presidential returning officer may fix or, if such an appeal is not instituted within the period of 2 days from the date of the adjournment, until the expiration of that period.

(2) A person purported to be nominated as a candidate at an election may, subject to compliance with subsection (1), appeal to the High Court against a ruling or declaration specified in subsection (1) at the election.

(3) The High Court shall dismiss an appeal under subsection (2) unless a written statement of the objection concerned and of the grounds on which it is based together with security in the sum of £1,000 for any costs which may become payable by the appellant is lodged at the Central Office of the High Court not later than 24 hours (disregarding any excluded day) after the adjournment of the ruling on nominations concerned.

(4) The High Court shall give such priority as is reasonably possible to the hearing and determination of an appeal under subsection (2).

(5) An appeal shall lie to the Supreme Court on a point of law from a decision of the High Court on an appeal under subsection (2).

(6) The decision of the High Court on an appeal under subsection (2) shall be complied with by the presidential returning officer and, where it rules that a person purported to be nominated as a candidate at the election concerned is not eligible for election to the office of President or was not duly nominated as such candidate, the presidential returning officer shall, on the resumption of the ruling on nominations, rule the nomination of such candidate to be invalid.

(7) Where arising from a decision of the High Court no person stands duly nominated as a candidate at an election, section 28 shall apply.

(8) A ruling or a declaration referred to in subsection (1) may be questioned only in accordance with this section.

Identity of candidate.

25. —Where the identity of the person purported to be nominated in a nomination paper to be a candidate at an election is free from doubt, the nomination paper shall not be ruled invalid merely because of an error in, or the incompleteness of, the statement therein of the name, address or occupation of such person.

Objection to description of candidate.

26. —The presidential returning officer shall object to the description of a person purported to be nominated as a candidate in a nomination paper which is, in his opinion, incorrect, insufficient to identify the person or unnecessarily long and where the presidential returning officer so objects, he shall allow the person or the authorised representative of the person, as may be appropriate, to amend the description and, if it is not so amended to his satisfaction, the presidential returning officer may amend or delete it, as he thinks fit, after consultation with the person or the authorised representative of the person if either is present, or may rule that the nomination paper is invalid on the ground that it has not been properly made out.

Matters open at the ruling on nominations.

27. —(1) At the ruling on nominations every question relevant to the nomination of a person to be a candidate (including in particular the person's eligibility for election to the office of President) shall be open and may be raised by the presidential returning officer or the judicial assessor or any person purported to be nominated as a candidate at the presidential election concerned or the authorised representative of such a person.

(2) For the purpose of deciding any question at issue during the ruling on nominations, the presidential returning officer or the judicial assessor (as the case may be) may receive and act on evidence, whether oral or written, tendered by or on behalf of any interested person, and may, if he so thinks proper, require such evidence to be given on oath and may for that purpose administer an oath.

Procedure where no candidate stands nominated.

28. —Where at the close of the ruling on nominations no person stands nominated as a candidate at the election, the presidential returning officer shall so inform the Minister, the presidential election order concerned shall be deemed to be revoked and a fresh election shall be held in accordance with this Act and the Minister shall as soon as practicable make a presidential election order for the purposes of the fresh election.

Obstruction of nominations.

29. —(1) If the proceedings for or in connection with the nomination of persons to be candidates or the ruling on nominations at a presidential election are obstructed by violence, the presidential returning officer may adjourn the proceedings to a later hour on the same day or to the next following day (disregarding any excluded day) and, if he so considers it necessary, may further adjourn the proceedings until such obstruction shall have ceased. Where the adjournment relates to the nomination of persons to be candidates, the presidential returning officer may postpone the latest time for receiving nominations for a period equal to the period of such adjournment.

(2) Whenever the latest time for receiving nominations is postponed under this section, the presidential returning officer shall so inform the Minister who may, by order, appoint a day to be the polling day at the election in lieu of the day appointed in the presidential election order. In case the Minister appoints a day under this section, the poll (if any) at the election shall be taken on the day so appointed and the presidential election order under section 6 shall be construed and have effect as if the day appointed under this section were the day specified in the said presidential election order for taking the poll.

Withdrawal of candidature.

30. —(1) A person in respect of whom a nomination paper has been delivered to the presidential returning officer pursuant to section 14 may withdraw his candidature at any time before the completion of the ruling on nominations but not thereafter.

(2) The withdrawal of the candidature of a person under this section shall be effected by the delivery by the person or the person's authorised representative to the presidential returning officer before the completion of the ruling on nominations of notice in writing of such withdrawal signed by the person or the said representative.

(3) Where a notice of withdrawal under this section is delivered to the presidential returning officer before the completion of the ruling on nominations, the officer shall thereupon give public notice of the withdrawal.

(4) Where the candidature of a person is withdrawn in accordance with this section, then for the purposes of sections 15 and 16 the person shall be deemed not to have been nominated to be a candidate at the election concerned.

Death of a candidate.

31. —(1) Where, more than 5 days before the last day for receiving nominations for the purposes of an election the presidential returning officer becomes satisfied that a person in respect of whom a nomination paper has been delivered pursuant to section 14 has died, the presidential returning officer shall give public notice to that effect and the candidature of the person shall be deemed to have been withdrawn and, for the purposes of sections 15 and 16 , the person shall be deemed not to have been nominated to be a candidate at the election.

(2) Where, at any time during the period commencing 5 days before the last day for receiving nominations for the purposes of an election and ending at 12 noon on the said last day, the presidential returning officer becomes satisfied that a person in respect of whom a nomination paper has been delivered pursuant to section 14 has died, the following provisions shall have effect:

(a) the election shall be discontinued and a fresh election shall be held and the presidential returning officer shall notify the Minister of the death of the person and shall give public notice that all acts done in connection with the discontinued election (other than the nomination of any surviving person nominated to be a candidate thereat) are void and that a fresh election will be held,

(b) all the proceedings for an election shall be commenced afresh, but (subject otherwise to the requirements of this Act) a fresh nomination shall not be necessary in respect of any surviving person nominated to be a candidate,

(c) for the purposes of sections 15 and 16 the nomination of the deceased person shall be deemed not to have been made, and

(d) the presidential election order concerned shall be deemed to be revoked and the Minister shall make a new presidential election order for the purposes of the fresh election.

(3) Where, at any time during the period commencing immediately after 12 noon on the last day for receiving nominations for the purposes of an election and ending on the completion of the ruling on nominations the presidential returning officer becomes satisfied that a person in respect of whom a nomination paper has been delivered pursuant to section 14 has died, the presidential returning officer shall complete the ruling on nominations in accordance with this Act, and—

(a) if the deceased person has not been declared under section 20 to stand nominated as a candidate at the election, the election shall proceed as if the person had not died, and

(b) if the deceased person has been declared under section 20 to stand nominated as a candidate at the election, the provisions of paragraphs (a) to (d) of subsection (2) shall apply with the substitution of “declared to stand nominated as” for “nominated to be” in paragraphs (a) and (b) of the said subsection.

(4) Where, at any time after the completion of the ruling on nominations and before the close of the poll at an election the presidential returning officer becomes satisfied that a candidate standing nominated at the election has died—

(a) the provisions of paragraphs (a) to (d) of subsection (2) shall apply, subject to the substitution of “declared to stand nominated as” for “nominated to be” in paragraphs (a) and (b) of the said subsection,

(b) if the notice of the poll has been published, the presidential returning officer shall countermand the poll,

(c) any votes cast at the election shall be disregarded and the ballot papers shall be destroyed by the relevant local returning officers, and

(d) any ballot papers issued to postal voters and special voters at the election shall be disregarded and the local returning officers shall destroy any ballot papers received by them for inclusion in the countermanded poll.

(5) Where a candidate at an election dies in circumstances other than those referred to in subsection (1), (2), (3) or (4)

(a) the death shall not invalidate the nomination of the candidate or any votes recorded for him,

(b) if the candidate is not elected, the death shall not invalidate or prejudicially affect the election of the candidate who is elected, and

(c) if the candidate is elected, the Minister shall, by order, cancel the election and direct that a fresh election be held, the presidential election order concerned shall be deemed to be revoked and the Minister shall make a new presidential election order for the purposes of the fresh election.

Candidates entitled to free postage.

32. —(1) Each candidate at an election may, subject to such conditions as may be specified under section 74 of the Postal and Telecommunications Services Act, 1983 , send, free of any charge for postage, to each person on the register of presidential electors or to any combination of such persons, one postal communication containing matter relating to the election only and not exceeding 50 grammes in weight.

(2) A candidate shall not exercise the right of free postage conferred by this section unless and until the candidate and at least one other person have been declared by the presidential returning officer to stand nominated as candidates at the election concerned and the election has been adjourned for the purpose of taking a poll.

(3) An Post may permit a candidate to exercise the right aforesaid before the candidate is entitled under subsection (2) so to do upon his giving such security as may be required by An Post for the payment of the postage on all communications sent by him under this section in the event of his not becoming so entitled to exercise the said right.

(4) The conditions referred to in subsection (1) may include conditions in relation to the time and place at and the manner in which communications for delivery under this section are presented to An Post.

Appointment of agents.

33. —(1) Where a poll is to be taken at an election—

(a) each candidate may appoint one election agent to assist him generally in relation to the election,

(b) each candidate or the election agent of the candidate may appoint one local agent for each constituency to assist the candidate in the constituency and to act as deputy in the constituency for the election agent of the candidate, and

(c) each candidate or the election agent or the local agent of the candidate may appoint with respect to each polling district in a constituency one deputy local agent to assist the candidate in the polling district and to act therein as deputy for the candidate's election agent and local agent.

(2) An appointment under this section may be revoked—

(a) in case the appointment is made under subsection (1)(a), by the candidate,

(b) in case the appointment is made under subsection (1)(b), by the candidate or the election agent of the candidate, and

(c) in case the appointment is made under subsection (1)(c), by the candidate or the election agent or local agent of the candidate for the constituency concerned.

(3) 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 an election, another agent may be appointed under this section in the place of that agent.

(4) 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—

(a) in the case of an election agent, the presidential returning officer, and

(b) in the case of a local agent or a deputy local agent, the local returning officer for the constituency concerned.

General provisions as to agents.

34. —(1) A candidate at an election (referred to subsequently in this section as “a candidate”) or the election agent of the candidate may appoint agents to be present on the candidate's behalf at the ascertainment of the result of the election.

(2) A candidate or the election agent or local agent of the candidate for the constituency concerned may appoint agents to be present on the candidate's behalf—

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

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

(c) at the counting of the votes.

(3) Subject to the provisions of subsection (4) the number of agents who may be appointed to be present on behalf of a candidate shall be fixed—

(a) in the case of agents appointed to be present at the ascertainment of the result of the election, by the presidential returning officer, and

(b) in the case of any other agents appointed under this section, by the local returning officer,

so, however, that the same number shall be fixed in respect of every candidate.

(4) A candidate or the election agent or local agent of the candidate 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.

(5) An appointment under this section may be revoked by the candidate concerned or the election agent of the candidate and, if it was made under subsection (2) or (4), may also be revoked by the local agent of the candidate for the constituency concerned.

(6) A candidate or the election agent or local agent of the candidate shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notice to the local returning officer for the constituency concerned of the name and address of every agent appointed by the candidate or the election agent or local agent to be present at the said issue and the local 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.

(7) A candidate or the election agent or local agent of the candidate shall, not less than 2 days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every personation agent appointed by the candidate or the election agent or local 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 local 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 of the Act of 1992 (as applied by section 44 ) and the documents and materials specified in that section have been placed in sealed packets.

(8) A candidate or the election agent or local agent of the candidate shall, not less than 2 days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every agent appointed by the candidate or the election agent or local agent to be present at the opening of the postal ballot boxes and the local 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.

(9) A candidate or the election agent or local agent of the candidate shall, not less than 2 days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every agent appointed by the candidate or the election agent or the local agent to be present at the counting of the votes and the local 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.

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

(11) 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 an election, another agent may be appointed under this section in the place of the agent 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—

(a) in case the appointment is made under subsection (1), the presidential returning officer, and

(b) in case the appointment is otherwise made under this section, the local returning officer for the constituency concerned.

(12) A candidate may lawfully do or assist in the doing of any thing which may lawfully be done on behalf of the candidate by an agent appointed under this section or section 33 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.

(13) 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.

35. —(1) The presidential returning officer, a local returning officer or a person employed by either of them for any purpose relating to an 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 at the election.

(2) The presidential returning officer or a local returning officer shall not employ in any capacity for the purposes of an 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 at the election.