Seanad Electoral (Panel Members) (Bye-Elections) Act, 1940
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: —This Act may be cited as the Seanad Electoral (Panel Members) (Bye-Elections) Act, 1940.
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paragraphs: —(1) In this Act the expression “the Principal Act” means the Seanad Electoral (Panel Members) Act, 1937 (No. 43 of 1937).
(2) This Act shall be construed as one with the Principal Act and accordingly (save as is otherwise provided by this Act) every word or expression to which a particular meaning is assigned by or in the Principal Act for the purposes of that Act shall, in this Act, have the meaning so assigned to it.
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paragraphs: —In this Act—
the expression “Seanad bye-election” means an election under this Act;
the word “vacancy” means a vacancy in the membership of Seanad Eireann occasioned by the death, resignation, or disqualification of a member of Seanad Eireann who was elected under the Principal Act at the next preceding Seanad election or was elected at a Seanad bye-election since such next preceding Seanad election;
the expression “nominating bodies sub-panel vacancy” means a vacancy occasioned by the death, resignation, or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad election from a nominating bodies sub-panel or who was elected at a Seanad bye-election to fill (whether directly or indirectly) the place of a member who was so elected at such Seanad election;
the expression “DÃ¡il sub-panel vacancy” means a vacancy occasioned by the death, resignation, or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad election from a DÃ¡il sub-panel or who was elected at a Seanad bye-election to fill (whether directly or indirectly) the place of a member who was so elected at such Seanad election.
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paragraphs: —(1) The expression “Seanad election” wherever it occurs in section 5 of the Principal Act shall include an election under this Act, and that section shall apply and have effect accordingly.
(2) The expression “this Act” where it occurs in section 7 or in section 8 of the Principal Act shall include this present Act, and those sections shall be construed and have effect accordingly.
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paragraphs: —(1) Whenever a vacancy occurs in the membership of Seanad Eireann, the Clerk of Seanad Eireann shall, on the direction of Seanad Eireann, send to the Minister notice (in this Act referred to as notice of a vacancy) in writing of such vacancy.
(2) Every notice of a vacancy shall state, in respect of the member whose death, resignation, or disqualification occasioned the vacancy, the panel and sub-panel from which such member was elected at the next preceding Seanad election or, if such member was elected at a Seanad bye-election, the panel and sub-panel from which the member whose place he was so elected to fill (whether directly or indirectly) was elected at the next preceding Seanad election.
(3) Every vacancy which occurred in the membership of Seanad Eireann after the Seanad election next preceding the passing of this Act and before such passing shall be deemed, for the purposes of this Act, to have occurred immediately after such passing.
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paragraphs: —(1) Whenever the Minister receives from the Clerk of Seanad Eireann a notice of a vacancy, the Minister shall, as soon as conveniently may be and in any case not more than one hundred and eighty days after receiving such notice, make an order (in this Act referred to as a bye-election order) directing an election to be held in accordance with this Act to fill such vacancy and stating the panel and sub-panel in respect of which such vacancy occurred and appointing for the purposes of such election the times and places mentioned in whichever of the two next following sub-sections of this section is applicable.
(2) Where the vacancy in respect of which a bye-election order is made is a nominating bodies sub-panel vacancy, the bye-election order shall appoint—
(a) the place at which the nominating meeting will be held and the time at which it will commence, and
(b) the day on which and the place at which the Seanad returning officer will sit for the ruling upon nominations, and
(c) the address of the Seanad returning officer.
(3) Where the vacancy in respect of which a bye-election order is made is a DÃ¡il sub-panel vacancy, the bye-election order shall appoint—
(a) the day which will be the last day for receiving nominations, and
(b) the day on which and the place at which the Seanad returning officer will sit for the ruling upon nominations, and
(c) the day which will be the day of issue of ballot papers, and
(d) the day and hour of the close of the poll, and
(e) the address of the Seanad returning officer.
(4) Every bye-election order shall be published in the Iris OifigiÃºil as soon as may be after it is made.
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paragraphs: —(1) Whenever a dissolution of DÃ¡il Eireann takes place after a notice of a vacancy has been received by the Minister and before a bye-election order has been made in respect of such vacancy, such notice shall become and be annulled by such dissolution and, notwithstanding anything contained in this Act, no bye-election order shall be made in respect of such vacancy.
(2) Whenever a dissolution of DÃ¡il Eireann takes place after a bye-election order has been made and before the election in pursuance of such order has been completed, such order shall become and be annulled by such dissolution and no further steps shall be taken in respect of such order, but such annulment shall not prejudice or affect the right of the Seanad returning officer to be paid under section 5 of the Principal Act his reasonable charges and expenses in respect of his services rendered and expenses incurred in relation to such election before such dissolution.
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paragraphs: —If at any time the Minister has received two or more notices of a vacancy which have not been annulled by a dissolution of DÃ¡il Eireann and in respect of which he has not made a bye-election order, separate bye-election orders shall be made and separate elections shall be held in respect of each of the vacancies to which such notices relate.
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paragraphs: —(1) There shall be formed and maintained in respect of each panel a standing committee to be known and in this Act referred to as the nominating committee for that panel.
(2) Every nominating body which is for the time being registered in the register of nominating bodies shall be entitled to appoint three members of the nominating committee for the panel in respect of which such nominating body is so registered.
(3) The Seanad returning officer shall establish as soon as may be after the passing of this Act and shall thereafter maintain a register of the several nominating committees and of the members thereof respectively and such register shall be conclusive evidence of the membership of every such committee.
(4) Every register maintained under the next preceding sub-section of this section of the members of a nominating committee shall state, in respect of every such member, his postal address as stated in his appointment or as subsequently communicated by him under this Act, and every notice required by this Act to be sent by the Seanad returning officer to any such member shall be sent by prepaid post addressed to him at his postal address as so stated in such register.
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paragraphs: —(1) Every nominating body which is registered in the register of nominating bodies at the passing of this Act shall, as soon as may be after such passing, appoint three persons to be members of the nominating committee for the panel in respect of which such nominating body is so registered.
(2) Every body which becomes, after the passing of this Act, registered as a nominating body in the register of nominating bodies shall, as soon as may be after it becomes so registered, appoint three persons to be members of the nominating committee for the panel in respect of which such body is so registered.
(3) It shall be the duty of every nominating body for the time being registered in the register of nominating bodies to maintain at three the number of members appointed by it to the appropriate nominating committee, and for that purpose every such nominating body is hereby empowered and required to fill with all convenient speed every vacancy which occurs amongst the members appointed by it to such nominating committee.
(4) Every appointment and every revocation of the appointment of a member of a nominating committee by a nominating body shall—
(a) be made in writing, and
(b) if such nominating body is a body corporate, have the seal of such body affixed thereto in the manner and with the countersignatures required by the constitution, articles of association, or other regulations of such body or, if such nominating body is not a body corporate, be signed in the name of such nominating body by some person having authority to sign in that name, and
(c) in the case of an appointment, state the name, postal address, and description of the appointee and contain a statement, signed by the appointee, that he assents to the appointment, and
(d) in every case, be sent to the Seanad returning officer by such nominating body, and
(e) have effect as from the time at which it is received by the Seanad returning officer.
(5) Any member of a nominating committee may at any time inform the Seanad returning officer in writing of a change in his postal address and thereupon the Seanad returning officer shall enter such change of address in the register of the members of such nominating committee.
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paragraphs: —(1) A nominating body registered in the register of nominating bodies may at any time revoke any appointment made by it of a member of a nominating committee.
(2) Whenever a nominating body which has appointed members of the nominating committee for a panel ceases to be a nominating body registered in the register of nominating bodies in respect of that panel, the members of the said nominating committee appointed by such nominating body shall cease to be members of that committee.
(3) A member of a nominating committee shall cease to hold office as such member on the happening of any of the following events, and in no other circumstances, that is to say:—
(a) his death, or
(b) the revocation under this section of his appointment as such member, or
(c) the nominating body by which he was appointed ceasing to be registered in the register of nominating bodies in respect of the panel for which such nominating committee is maintained.
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paragraphs: —Whenever the Minister has made a bye-election order in respect of a vacancy in the membership of Seanad Eireann which is stated in such order to be a vacancy in respect of the nominating bodies sub-panel of a particular panel, a meeting (in this Act referred to as a nominating meeting) of the nominating committee for the said panel shall be held at the place appointed in that behalf by such bye-election order and shall commence at the time similarly appointed, and the Seanad returning officer shall, not later than five days after the date of such bye-election order, send to every member of such nominating committee a notice in the prescribed form informing him of the said vacancy and of the obligation of such nominating committee to make nominations for filling such vacancy, and also informing him of the place and time so appointed as aforesaid by such bye-election order.
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paragraphs: —The following provisions shall apply and have effect in relation to every nominating meeting, that is to say:—
(a) the Seanad returning officer shall preside at the meeting and shall conduct the proceedings thereof;
(b) the Seanad returning officer and his assistants and the members of the nominating committee and no other person may be present at the meeting;
(c) each member of the nominating committee shall, when or as soon as may be after he enters the meeting, sign his name in a book or other record (to be provided and kept by the Seanad returning officer) of attendances at nominating meetings;
(d) the Seanad returning officer shall provide a sufficient number of the prescribed nomination forms and shall make such forms available to the members of the nominating committee;
(e) any member of the nominating committee may, at any time within one hour after the commencement of the meeting, nominate a person for nomination by such nominating committee;
(f) every such nomination shall be made on a prescribed nomination form supplied by the Seanad returning officer and shall be signed by the member making the nomination and shall be handed by him to the Seanad returning officer;
(g) every such nomination shall state the name, address, and description of the person thereby nominated and a statement of the qualifications of such person for the panel for which such nominating committee is the nominating committee;
(h) the Seanad returning officer shall reject any such nomination which appears to him not to be made and completed in accordance with this section;
(i) any such nomination may, at any time within one hour after the commencement of the meeting, be withdrawn by the member who made the same;
(j) the withdrawal of a nomination shall be effected by the member concerned endorsing on the nomination paper (which shall be handed to him for the purpose by the Seanad returning officer) a signed statement of such withdrawal;
(k) the Seanad returning officer shall make every nomination accepted by him and every withdrawal of a nomination available for the inspection of the members of the nominating committee present;
(l) if, at the expiration of one hour from the commencement of the meeting, more than three persons have been duly nominated, the Seanad returning officer shall, at such expiration, adjourn the meeting to a convenient time and place (whether on the same or a subsequent day) for the purpose of taking a poll to determine the order in which the persons so nominated shall be deemed to have been nominated by the nominating committee;
(m) if, at the expiration of one hour from the commencement of the meeting, three persons and no more have been duly nominated, the meeting shall terminate at the expiration of the said hour and the Seanad returning officer shall make and sign a certificate of nominations in accordance with the subsequent provisions of this Part of this Act;
(n) if, at the expiration of one hour from the commencement of the meeting, no persons or less than three persons have been duly nominated, the meeting shall terminate at the expiration of the said hour and the Seanad returning officer shall report the fact and the circumstances of such termination to the Minister.
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paragraphs: —When a nominating meeting has been adjourned for the purpose of taking a poll, the Seanad returning officer shall take such poll in accordance with the following provisions, that is to say:—
(a) such poll shall be taken at the time and place to which such meeting was adjourned, and shall be deemed to be a continuation of such meeting;
(b) the Seanad returning officer shall make available at the said place a suitable room for taking the poll and shall provide therein such ballot boxes, desks, and other furniture as he shall consider necessary and shall also provide a sufficient number of ballot papers;
(c) the Seanad returning officer and his assistants and the members of the nominating committee and no other person may be present at the taking of the poll or the counting of the votes;
(d) at the said time to which the nominating meeting was adjourned the Seanad returning officer shall open the poll and at the expiration of one hour from that time he shall close the poll;
(e) every member of the nominating committee shall be entitled to vote at the poll, whether he was or was not present at the nominating meeting before the adjournment thereof, but no such member shall be entitled to receive a ballot paper unless or until he has, either at the nominating meeting before the adjournment thereof or at the taking of the poll, signed his name in a book or other record (to be provided and kept by the Seanad returning officer) of attendances at nominating meetings;
(f) each member of the nominating committee shall be entitled to vote by one ballot paper only, but may vote by such ballot paper for one, two, or three (but not more than three) candidates;
(g) the Seanad returning officer shall take all such steps as he considers proper or expedient for preserving the secrecy of the voting at the poll;
(h) every question which shall arise at or in relation to the taking of the poll shall be decided by the Seanad returning officer and his decision on any such question shall be final and unappealable;
(i) at the close of the poll the Seanad returning officer shall count the votes and ascertain the result of the poll and shall announce such result to the members (if any) of the nominating committee then present.
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paragraphs: —(1) If, at the expiration of one hour from the commencement of a nominating meeting, three persons and no more have been duly nominated, the Seanad returning officer shall make and sign a certificate (in this Act referred to as a certificate of nominations) in the prescribed form stating the names, addresses, and descriptions of the said three persons in the alphabetical order of their surnames and, in case of identity of surname, of their other names.
(2) If a nominating meeting is adjourned for the purpose of taking a poll, the Seanad returning officer shall, when the counting of the votes given at such poll has been completed, make and sign a certificate (in this Act also referred to as a certificate of nominations) in the prescribed form stating the names, addresses, and descriptions of the persons who were nominated at the said meeting and showing the order, as ascertained at the said poll in which they are to be deemed to have been so nominated.
(3) The Seanad returning officer shall publish in the Iris OifigiÃºil every certificate of nominations made and signed by him in pursuance of this section and shall at the same time publish in the Iris OifigiÃºil a notice stating the day and place appointed by the relevant bye-election order for the ruling upon nominations.
(4) A certificate of nominations made, signed and published in pursuance of this section shall be conclusive evidence of the nominations made at the nominating meeting to which such certificate relates and, if such meeting was adjourned for the purpose of taking a poll, such certificate shall also be conclusive evidence that such poll was duly and properly taken and conclusive evidence of the result of such poll.
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paragraphs: —(1) Where a bye-election order relates to a nominating bodies sub-panel vacancy, the Seanad returning officer shall, at eleven o'clock in the morning on the day appointed by such bye-election order for the ruling upon nominations, attend at the place similarly appointed and then and there hold a sitting (in this Act referred to as the ruling upon nominations) at which he shall rule upon the nominations stated in the certificate of nominations and shall prepare the final statement of nominations.
(2) The following provisions shall apply and have effect in relation to every ruling upon nominations held in pursuance of this section, that is to say:—
(a) the Seanad returning officer shall produce the respective nomination papers handed to him at the nominating meeting of the several persons named in the certificate of nominations;
(b) the Seanad returning officer shall consider and rule upon the validity of the nomination paper, and the nomination purported to be made thereby, of every person named in the certificate of nominations, and shall consider and rule upon the said papers and nominations successively in the order in which the names of the persons purported to be nominated thereby are stated in the certificate of nominations;
(c) the Seanad returning officer shall reject as invalid the nomination of any person in respect of whom he rules that the nomination paper of such person or the nomination purported to be made thereby is invalid or in respect of whom he is not satisfied that such person possesses the qualifications stated in sub-section 1° of section 7 of Article 18 of the Constitution in respect of the panel mentioned in the relevant bye-election order;
(d) when the Seanad returning officer has ruled upon the nomination of a person, he shall, unless he rejects such nomination as invalid, enter the name of that person in a list which is in this Act referred to as the provisional list;
(e) when the names of three persons have been entered in the provisional list such list shall be complete and the Seanad returning officer shall not consider or rule upon the nominations of any persons;
(f) when the provisional list is complete, the Seanad returning officer shall prepare, in accordance with the next following sub-section of this section, and sign the final list of nominations;
(g) if, when all the nominations stated in the certificate of nominations have been ruled upon, no name of any person or the name or names of less than three persons has or have been entered in the provisional list, the proceedings at the ruling upon nominations shall terminate and the Seanad returning officer shall report the fact and the circumstances of such termination to the Minister.
(3) The following provisions shall apply and have effect in relation to the final list of nominations, that is to say:—
(a) the final list of nominations shall contain the names, addresses, and descriptions of the persons whose names are entered in the provisional list;
(b) the name, address, and description of every such person shall be stated in the final list of nominations in the like manner as it is stated in the nomination paper of such person handed to the Seanad returning officer at the nominating meeting;
(c) the final list of nominations shall also contain, in respect of every person whose name is stated therein, a statement, in such form as the Seanad returning officer thinks proper, of the qualifications in respect of the panel mentioned in the bye-election order which he determines to be in fact possessed by such person;
(d) the persons whose names are stated in the final list of nominations shall be arranged in that list in the alphabetical order of their surnames and, in case of identity of surname, of their other names.
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paragraphs: —(1) As soon as may be after the close of a ruling upon nominations held under this Part of this Act at which a final list of nominations was prepared and signed by the Seanad returning officer, the Seanad returning officer shall send to the Taoiseach the final list of nominations so prepared and signed by him, and thereupon the Taoiseach shall select one of the persons named in such final list of nominations to fill the vacancy in the membership of Seanad Eireann mentioned in the relevant bye-election order and that person shall thereupon be deemed to have been elected to fill the said vacancy.
(2) When a person has been deemed, under the foregoing sub-section of this section, to have been elected to fill the vacancy in the membership of Seanad Eireann mentioned in the relevant bye-election order, the Taoiseach shall cause the Clerk of Seanad Eireann to be informed of the name, address, and description of such person as stated in the final list of nominations and of the fact that such person has been elected to fill the vacancy mentioned in the relevant notice of a vacancy.
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paragraphs: —(1) Whenever the Seanad returning officer reports to the Minister that a nominating meeting has terminated because no persons or less than three persons had been duly nominated thereat or that the proceedings at a ruling upon nominations held under this Part of this Act terminated because no name of any person or the name or names of less than three persons had been entered in the provisional list, the bye-election order in pursuance of which such nominating meeting or such ruling upon nominations (as the case may be) was held and all proceedings had in pursuance of such order shall become and be null and void and such order shall be deemed, for the purposes of this Act, never to have been made, and the Minister shall make a new bye-election order in lieu of the bye-election order so becoming null and void.
(2) A new bye-election order made under the foregoing sub-section of this section shall be a bye-election order within the meaning and for the purposes of this Act and this Act (including this section) shall apply and have effect in relation thereto, save that the time within which the Minister shall make such new bye-election order shall be whichever of the following periods later expires, that is to say, one hundred and eighty days after he receives the relevant notice of a vacancy from the Clerk of Seanad Eireann or sixty days after he receives the report mentioned in the said foregoing sub-section from the Seanad returning officer.
(3) The annulment of a bye-election order by virtue of this section shall not prejudice or affect the right of the Seanad returning officer to be paid under section 5 of the Principal Act his reasonable charges and expenses in respect of his services rendered and expenses incurred in pursuance of such bye-election order.
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paragraphs: —Whenever the Minister has made a bye-election order in respect of a vacancy in the membership of Seanad Eireann which is stated in such order to be a vacancy in respect of the DÃ¡il sub-panel of a particular panel, the Seanad returning officer shall hold, in accordance with this Part of this Act, an election to fill such vacancy and shall for that purpose send to the Clerk of DÃ¡il Eireann a copy of the said bye-election order together with such number of forms of nomination paper as such Clerk shall reasonably require.
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paragraphs: —(1) The following provisions shall, apply and have effect in relation to the nomination of candidates at an election to fill a DÃ¡il sub-panel vacancy, that is to say:—
(a) every such nomination shall be made in writing on a nomination paper in the prescribed form;
(b) every such nomination paper shall contain the particulars required by the prescribed form of nomination paper to be stated therein, and in particular, a statement of the qualifications of the person thereby nominated for the panel mentioned in the relevant bye-election order;
(c) every such nomination paper shall be signed by one member of DÃ¡il Eireann as proposer and by eight other members of DÃ¡il Eireann as assenting to the nomination;
(d) every such nomination paper shall be delivered or sent by post to the Seanad returning officer.
(2) Whenever the Seanad returning officer receives a nomination paper before four o'clock in the afternoon on the day before the day which is appointed by the relevant bye-election order to be the last day for receiving nominations, the Seanad returning officer shall forthwith communicate in writing to the Clerk of DÃ¡il Eireann the fact of such nomination paper having been so received and the name, address, and description, as stated in such nomination paper, of the candidate thereby nominated and the name, as similarly stated, of the proposer of such candidate.
(3) As soon as may be after twelve o'clock noon on the day which is appointed by the relevant bye-election order to be the last day for receiving nominations, the Seanad returning officer shall send to the Clerk of DÃ¡il Eireann a list stating (in the alphabetical order of their surnames and, in case of identity of surname, their other names) the names, addresses, and descriptions, as stated in their respective nomination papers, of the candidates in respect of whom he had received nomination papers before twelve o'clock noon aforesaid and also stating, in respect of every such candidate, the name, as similarly stated, of his proposer.
(4) Every nomination paper received by the Seanad returning officer after twelve o'clock noon on the day which is appointed by the relevant bye-election order to be the last day for receiving nominations shall be void.
(5) If a member of DÃ¡il Eireann signs two or more nomination papers as proposer or as assenting (whether he signs both or all of such nomination papers in the same or in different capacities), both or all of such nomination papers shall be wholly void.
num: 21
paragraphs: —(1) Where a bye-election order relates to a DÃ¡il sub-panel vacancy, the Seanad returning officer shall, at eleven o'clock in the morning on the day appointed by such bye-election order for the ruling upon nominations, attend at the place similarly appointed and then and there hold a sitting (in this Act referred to as the ruling upon nominations) at which he shall rule upon the nominations in respect of which nomination papers were received by him before twelve o'clock noon on the day appointed by the said bye-election order to be the last day for receiving nominations.
(2) The following provisions shall apply and have effect in relation to every ruling upon nominations held in pursuance of this section, that is to say:—
(a) the Seanad returning officer shall produce the several nomination papers received by him before twelve o'clock noon on the last day for receiving nominations and shall consider and rule upon the validity of each such nomination paper and of the nomination purported to be made thereby;
(b) the Seanad returning officer shall reject as invalid the nomination of any person in respect of whom he rules that the nomination paper of such person or the nomination thereby made is invalid or in respect of whom he is not satisfied that such person possesses the qualifications stated in sub-section 1° of section 7 of Article 18 of the Constitution in respect of the panel mentioned in the relevant bye-election order;
(c) the Seanad returning officer shall rule as valid every nomination which he does not reject in pursuance of the next preceding paragraph of this sub-section;
(d) when the Seanad returning officer rules as valid the nomination of any person, he shall forthwith enter in a list (in this Act referred to as the panel of candidates) the name, address, and description of such person as stated in his nomination paper and the name of his proposer as similarly stated and a statement, in such form as the Seanad returning officer thinks proper, of the qualifications which he determines to be in fact the qualifications of such person to be on the panel mentioned in the relevant bye-election order;
(e) when the Seanad returning officer has considered and ruled upon all the said nomination papers and the nominations made thereby, if only one person stands validly nominated the Seanad returning officer shall declare that person to be elected and shall so inform the Clerk of Seanad Eireann, but if two or more persons so stand validly nominated, the Seanad returning officer shall adjourn the election and take a poll in accordance with the subsequent provisions of this Part of this Act.
(3) Immediately upon the completion of the ruling upon nominations, the Seanad returning officer shall sign the panel of candidates and that panel as so signed shall be conclusive evidence as to the persons who stand, or person who stands, validly nominated.
num: 22
paragraphs: —(1) Whenever the Seanad returning officer adjourns an election under this Part of this Act for the purpose of taking a poll, he shall forthwith inform the Clerk of DÃ¡il Eireann in writing of such adjournment, and send to him a copy of the panel of candidates, and the said Clerk shall, not more than four days after being so informed, furnish to the Seanad returning officer a statement of the names, addresses, and descriptions of all the members of DÃ¡il Eireann who are then entitled to sit and vote in that House.
(2) The statement furnished to the Seanad returning officer by the Clerk of DÃ¡il Eireann in pursuance of the foregoing sub-section of this section shall constitute and be the electoral roll for the election and shall be final and conclusive.
(3) The several persons named in an electoral roll constituted under this section, and no other person, shall be entitled to vote at the poll at the election in respect of which such electoral roll is so constituted.
(4) The death of a person named in an electoral roll constituted under this section (whether such death occurred before or after the statement forming such electoral roll was sent by the Clerk of DÃ¡il Eireann to the Seanad returning officer) shall not prejudice or affect the validity or operation of such electoral roll.
num: 23
paragraphs: —Every poll taken at an election under this Part of this Act shall be taken in the like manner, as nearly as may be practicable, as a poll at an election under the Principal Act, and for that purpose sections 40 to 43 and sections 45 to 49 of the Principal Act and the First and Second Schedules to that Act shall apply and have effect in relation to every election held under this Part of this Act at which a poll is taken, but with and subject to the modifications that the expression “Seanad election” wherever it occurs in any of the said sections or Schedules shall mean an election under this Part of this Act and that sub-section (1) of the said section 45 shall be construed and have effect as requiring the Seanad returning officer, at the time and in the manner mentioned in that sub-section, to ascertain the result of the election and to declare to be elected the candidate who is so ascertained to be elected.
num: 24
paragraphs: —(1) The President of the High Court or some other judge of the High Court nominated by him shall attend at every ruling upon nominations held under this Act and shall there sit and act as judicial referee for the purposes specified in this Act.
(2) The Seanad returning officer may, on his own motion, and shall, if so requested by any person who is named in the relevant certificate of nominations or whose nomination is required by this Act to be ruled upon at the ruling upon nominations or by the agent of any such person, refer to the judicial referee any question arising during the ruling upon nominations in relation to any nomination paper, the nomination of any person, the qualifications of any person for the relevant panel, the statement by the Seanad returning officer of such qualifications, or any other matter connected with the nomination of any person.
(3) The judicial referee shall there and then decide and announce his decision on every question referred to him under this section by the Seanad returning officer.
(4) The decision of the judicial referee on any question referred to him under this section by the Seanad returning officer shall be final and conclusive and shall not be open to review by any court.
(5) A question may be referred to the judicial referee under this section whether the Seanad returning officer has or has not himself given a decision thereon.
num: 25
paragraphs: —(1) At any ruling upon nominations held under this Act every question relevant to the nomination of any person, including the validity of nomination papers, the sufficiency or the correctness of any statement in a nomination paper, the validity of any nomination, and the qualifications of any person for the relevant panel, may be raised by the Seanad returning officer or by any person who is named in the relevant certificate of nominations or whose nomination is required by this Act to be ruled upon at such ruling upon nominations or by the agent of any such person.
(2) Where the identity of the person purported to be nominated by a nomination paper is free from doubt, such nomination paper shall not be rejected or declared invalid merely because of an error in, or the incompleteness of, the statement therein of the name, address, or description of such person.
(3) The Seanad returning officer and the judicial referee may each, for the purpose of deciding any question at issue during a ruling upon nominations held under this Act, receive and act upon evidence, whether oral or written, tendered to him by or on behalf of any person affected by such question, and may, if he so thinks proper, require such evidence to be given on oath and may for that purpose administer an oath.
num: 26
paragraphs: —The following and no other persons shall be present at a ruling upon nominations held under this Act, that is to say:—
(a) the Seanad returning officer and his assistants;
(b) the judicial referee and one person brought by him to attend on him;
(c) any person who is named in the relevant certificate of nominations or whose nomination is required by this Act to be ruled upon at the ruling upon nominations;
(d) one agent of each of the persons mentioned in the next preceding paragraph of this sub-section;
(e) witnesses giving oral evidence, but only while giving such evidence;
(f) such other persons as the Seanad returning officer shall think proper to admit.
num: 27
paragraphs: —(1) The proceedings at a ruling upon nominations held under this Act shall, so far as practicable, be proceeded with continuously, but may at any time be suspended by the Seanad returning officer, with the consent of the judicial referee, for such period as the Seanad returning officer thinks proper for refreshment, night-time, or other reason appearing to him to be sufficient.
(2) Whenever the proceedings at a ruling upon nominations are suspended under this section, the Seanad returning officer shall take all proper precautions for the security of the nomination papers and other relevant documents.