European Assembly Elections Act, 1984
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: —In this Act—
“non-party candidate” means a candidate who is not a candidate of a registered political party;
“the Principal Act” means the European Assembly Elections Act, 1977 ;
“registered political party” means a party which pursuant to section 8 of the Principal Act is for the time being registered in the Register of Political Parties as a party organised to contest an Assembly election;
“replacement candidate” means a replacement candidate for the purposes of this Act;
“replacement candidates' list” has the meaning assigned to it by section 3 (3) (d).
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paragraphs: —The Principal Act is hereby amended by the substitution of the following section for section 7:
“7.—(1) A person who is not eligible to become a member of DÃ¡il Ãireann or who holds the office of Attorney General shall not be eligible for election under this Act to be a representative in the Assembly.
(2) A person who is elected under this Act to be a representative in the Assembly or who pursuant to section 6 of the European Assembly Elections Act, 1984, is to be regarded as having been so elected, and who when so elected, or when he commences to be so regarded, holds the office of—
(a) Chairman or Deputy Chairman of DÃ¡il Ãireann or Chairman or Deputy Chairman of Seanad Ãireann,
(b) Minister of State,
shall on such election, or, in case he is to be so regarded, on the day on which he commences to be so regarded, cease to hold that office.
(3) If while he is a representative in the Assembly a person—
(a) becomes subject to any of the disqualifications applicable to membership of DÃ¡il Ãireann, or
(b) becomes the holder of an office mentioned in subsections (1) or (2) of this section,
he shall thereupon cease to be a representative in the Assembly.”.
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paragraphs: —(1) At an Assembly 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 the following provisions of this section, nominate with his or their consent one or more persons to be as regards the election replacement candidates.
(2) Subject to paragraph (b) of subsection (3) of this section, a person who is a candidate at an Assembly election shall be eligible for nomination as a replacement candidate.
(3) The following provisions shall apply in relation to the nomination of replacement candidates at an Assembly election—
(a) the number of replacement candidates to be so nominated shall not—
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paragraphs: —(1) A replacement candidates' list shall be in the prescribed form and shall be signed by—
(a) in case the list contains the names of one or more replacement candidates nominated by a particular registered political party, the officer or, as may be appropriate, the officers of such party whose name or names are entered in the Register of Political Parties either pursuant to section 13 (3) (c) of the Electoral Act, 1963 , or pursuant to that section as applied by section 8 (4) of the Principal Act,
(b) in case the list contains the names of one or more replacement candidates nominated by a person who is a non-party candidate at the election, that person.
(2) As regards a replacement candidates' list the surname of any person nominated by entry thereon as a replacement candidate shall be placed before his other name or names and the list shall also contain his address.
(3) Where a registered political party or a non-party candidate at an Assembly election nominates more than one replacement candidate, the order in which the names of such replacement candidates appear on the relevant replacement candidates' list shall be determined by that party, or, as may be appropriate, that non-party candidate, and in applying any provision of the European Assembly Elections Acts, 1977 and 1984, in relation to the list, the names on the list shall be listed or given in the order in which they have been so determined or, as may be appropriate, regard shall be had to that order.
(4) As may be appropriate, a replacement candidates' list shall be headed by—
(a) where the list is signed by an officer or officers referred to in subsection (1) (a) of this section, the name together with (if the officer or officers by whom the list is signed so wish) the initials or other abbreviation (if any) by which the party concerned is known, or
(b) in case the list is signed by a non-party candidate at the election, the name of that candidate (the surname being stated first).
(5) A replacement candidates' list may, if the Minister so thinks proper, include—
(a) a note of the qualifications, disqualifications and incapacities as regards election to and membership of the Assembly,
(b) a form of declaration, to be signed by—
(i) in case the list is signed by an officer referred to in subsection (1) (a) of this section, the officer or, as may be appropriate, the officers signing the list,
(ii) in case the list is signed by a person who is a non-party candidate at the relevant election, that person,
that he has read the notes and, as regards the replacement candidates nominated by entry on such list, he believes each of them to be eligible for nomination under this Act as a replacement candidate and none of them to stand validly nominated as a replacement candidate as regards any other constituency.
(6) (a) Where a replacement candidates' list is presented to the returning officer, he shall assign to the list one or more letters for the purpose of identifying it and, when such letter or letters is or are so assigned, the replacement candidates' list to which it or they relate may (unless it is withdrawn, deemed under this Act to have been withdrawn or ruled by the returning officer as being invalid) be referred to on any ballot paper, notice or other document by reference to such letter or letters.
(b) An assignment by the returning officer under this subsection shall not form a ground on which an Assembly election may be questioned.
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paragraphs: —(1) At an Assembly election the returning officer shall, during the usual office hours and at such place or places as are named in the Notice of Election, on each week-day during the period beginning on the publication of that notice and ending at 12 noon on the latest date for receiving nominations, provide forms for use as replacement candidates' lists, and he shall supply such a form or forms free of charge to any person applying therefore, but the use at such an election of a form supplied by the returning officer pursuant to this section shall not be obligatory: Provided that the document so used as a replacement candidates' list is in the form prescribed under section 4 of this Act or in a form to the like effect.
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paragraphs: —The Principal Act is hereby amended by the substitution of the following section for section 15:
“15.—(1) Where a casual vacancy occurs amongst the persons who by virtue of the European Assembly Elections Acts, 1977 and 1984, are representatives in the Assembly, the vacancy shall be filled in accordance with the following subsections of this section.
(2) (a) In case the relevant representative elected under this Act at the last preceding Assembly election was at that election a candidate of a registered political party which as regards that election presented a replacement candidates' list (not being a list which is withdrawn or ruled by the returning officer as being invalid)—
(i) the person (if any) whose name, having regard to subsection (3) of this section, stands first or, as may be appropriate, alone on that list shall by virtue of this section (in accordance with subsection (5) hereof) be regarded as having been elected under this Act to the Assembly to fill the vacancy,
(ii) as soon as may be after the casual vacancy occurs, the Clerk of DÃ¡il Ãireann shall by letter request the officer or officers of the registered political party whose name or names is or are entered in the Register of Political Parties either pursuant to section 13 (3) (c) of the Electoral Act, 1963 , or pursuant to that section as applied by section 8 (4) of this Act to ascertain the person (if any) whose name, having regard to the said subsection (3), stands first, or, as may be appropriate, alone on the said list and to notify him in writing of that person.
(b) In case the relevant representative elected under this Act at such election was at such election a non-party candidate who presented a replacement candidates' list (not being a list which is withdrawn or ruled by the returning officer as being invalid),
(i) the person (if any) whose name, having regard to subsection (3) of this section, stands first, or, as may be appropriate, alone on that list shall by virtue of this section (in accordance with subsection (5) hereof) be regarded as having been elected under this Act to fill the vacancy,
(ii) as soon as may be after the casual vacancy occurs, the Clerk of DÃ¡il Ãireann shall by letter request the returning officer for the constituency concerned to ascertain, after consulting such person whose name is or, as may be appropriate, so many as such returning officer considers necessary of the persons whose names are, on the relevant replacement candidates' list, the person (if any) whose name having regard to the said subsection (3), stands first or, as may be appropriate, alone on the said list and to notify him in writing of that person.
(c) In case—
(i) the relevant representative so elected to the Assembly at such election was not a candidate described in either paragraph (a) or (b) of this subsection, or
(ii) having regard to the provisions of this section, in relation to the vacancy no name stands first or alone on the relevant replacement candidates' list, or
(iii) a requirement made by the Clerk of DÃ¡il Ãireann stands not complied with on the expiration of the period of thirty days beginning on the date of the requirement,
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paragraphs: —The First Schedule to the Principal Act is hereby amended by—
(a) the substitution of “forty-eight hours before the latest time for receiving nominations under Rule 7” for “seventy-two hours before the latest time for the withdrawal of candidature under Rule 12” in both paragraph (1) and paragraph (2) of Rule 20;
(b) the substitution of the following subparagraphs for subparagraphs (a), (b) and (c) of Rule 20 (4):
“(a) his death shall not invalidate his nomination or any preference recorded for him, and
(b) if he is elected—
(i) his election shall not be invalidated by reason of his death and he shall be deemed to have been elected to membership of the Assembly by virtue of this Act and to have resigned his office immediately after having so become such a representative, and
(ii) section 15 of this Act shall apply as regards the resultant vacancy in the Assembly.”;
(c) the substitution of the following paragraphs for paragraphs (b) and (c) of Rule 21:
“(b) the names and descriptions of the candidates standing nominated as entered in their nomination papers and of the proposers, if any,
(c) any replacement candidates' list duly presented at the election (being such a list which is not withdrawn, deemed under the European Assembly Elections Act, 1984, to have been withdrawn or ruled by the returning officer as being invalid) and the name of the registered political party or non-party candidate by whom such list was presented together with the name and address or names and addresses of any person or persons nominated by entry thereon to be replacement candidates as entered on such list and, if there is more than one, in the same order as that in which they appear on such list, and
(d) the order in which the names of the said candidates will appear on the ballot papers.”;
(d) the insertion of the following subparagraph after subparagraph (b) of Rule 22 (2):
“(bb) in case a replacement candidates' list has been signed by a non-party candidate pursuant to section 4 (1) (b) of the European Assembly Elections Act, 1984, and is neither withdrawn nor ruled by the returning officer as being invalid, the entry in relation to that candidate shall include a reference (being a reference referred to in section 4 (6) (a) of the European Assembly Elections Act, 1984) to that list,”;
(e) the insertion of the following subparagraph after subparagraph (c) of Rule 22 (2):
“(cc) in case a replacement candidates' list has been signed by an officer of such political party pursuant to section 4 (1) (a) of the European Assembly Elections Act, 1984, and is neither withdrawn nor ruled by the returning officer as being invalid, the entry in relation to any candidate of that party shall include a reference (being a reference referred to in section 4 (6) (a) of the European Assembly Election Act, 1984) to that list,”;
(f) the insertion of the following Rule after Rule 51:
“Verification of ballot paper accounts.
51A. (1) Not less than four days before the polling day, the local returning officer shall give written notice to each candidate of the day, time and place at which he will open the ballot boxes pursuant to this Rule and of the number of agents each candidate may appoint to attend at the opening. He shall give the said agents reasonable facilities for overseeing the proceedings and all information with respect thereto which he can give them consistent with the orderly conduct of the proceedings and the performance of his functions.
(2) The day specified in a notice under this Rule shall be a day not later than the day specified in the relevant order under section 6 (2) of this Act.
(3) On the day specified in the notice under paragraph (1) of this Rule and at the time so specified the local returning officer shall—
(a) open each ballot box and count the number of ballot papers found therein and compare the total number of papers ascertained with the number shown in the appropriate ballot paper account,
(b) prepare a statement showing the result of the comparison under subparagraph (a) of this paragraph in respect of all the ballot papers for the country or country borough for which he is the local returning officer,
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paragraphs: —Rules 46 (4) and 54 (2) of the First Schedule to the Principal Act are hereby repealed.
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paragraphs: —(1) This Act may be cited as the European Assembly Elections Act, 1984.
(2) The European Assembly Elections Act, 1977 , and this Act may be cited together as the European Assembly Elections Acts, 1977 and 1984, and shall be construed together as one Act.