S.I. No. 156/2007 - Electoral Regulations 2007.

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S.I. No. 156 of 2007
ELECTORAL REGULATIONS 2007.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 20th April, 2007.
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 3, 46 (as amended by section 1 of the Electoral (Amendment) Act 2007 (No. 14 of 2007)), 88 (as amended by section 21 of the Electoral (Amendment) Act 2001 (No. 38 of 2001)) and 111 of the Electoral Act 1992 (No. 23 of 1992), hereby makes the following Regulations—
1. These Regulations may be cited as the Electoral Regulations 2007.
2. The form set out in the First Schedule hereto shall be the prescribed form of nomination paper at a Dáil election.
3. The form set out in the Second Schedule hereto shall be the prescribed form for making a statutory declaration for the purposes of section 46(6)(a) of the Electoral Act 1992 .
4. The prescribed photographic identification for the purposes of section 46(6)(b) of the Electoral Act 1992 shall be—
(i) a passport;
(ii) a driving licence;
(iii) an employee identity card containing a photograph;
(iv) a student identity card issued by an educational institution and containing a photograph;
(v) a bank card with a photograph;
(vi) a travel document containing name and photograph.
5. (1) A photograph of a candidate at a Dáil election intended for inclusion on a ballot paper shall be delivered to the returning officer with the nomination paper in accordance with the requirements specified in the Third Schedule hereto.
(2) Where the requirements referred to in sub-article (1) of this article are not complied with, the returning officer may not include the photograph on the ballot paper.
(3) Where the nomination paper is not accompanied by a photograph, or sub-article (2) of this article applies, the space provided on the ballot paper for a candidate’s photograph shall remain blank.
6. (1) The emblem of a political party which may be registered in the Register of Political Parties pursuant to an application under section 25(3) of the Electoral Act 1992 , as substituted by section 11 of the Electoral (Amendment) Act 2001 , shall comply with the requirements specified in the Fourth Schedule hereto.
(2) Where no emblem is registered in the Register of Political Parties, the space provided on the ballot paper for an emblem shall remain blank.
7. The form of the ballot paper specified in the Fourth Schedule to the Electoral Act 1992 is modified for the purposes of section 88(2)(cc) of the said Act and set out in the Fifth Schedule hereto.
8. The specified documents for the purposes of section 111 of the Electoral Act 1992 shall be—
(i) a passport;
(ii) a driving licence;
(iii) an employee identity card containing a photograph;
(iv) a student identity card issued by an educational institution and containing a photograph;
(v) a travel document containing name and photograph;
(vi) a Bank or Savings or Credit Union book containing address in constituency or electoral area;
(vii) a cheque book;
(viii) a cheque card;
(ix) a credit card;
(x) a birth certificate;
(xi) a marriage certificate.
Items (vii) to (xi) shall be accompanied by a further document which establishes the address of the holder in the constituency or electoral area.
9. The Ballot Paper (Photographs and Emblems) Regulations, 2002 ( S.I. No. 16 of 2002 ), the Electoral Regulations, 2002 ( S.I. No. 144 of 2002 ) and the Electoral (Amendment) Regulations 2004 ( S.I. No. 175 of 2004 ) are hereby revoked.
Article 2.
FIRST SCHEDULE Nomination Paper for Dáil Election
(/)
(month/year)
No.
(To be inserted by returning officer)
1. I nominate the person named under as a candidate for election to Dáil Éireann for the constituency of
2. I declare that I have read the notes on this nomination paper and that—
(a) I believe the person named as candidate to be eligible for election, and
(b) the person has consented to the nomination.
Surname of Candidate
Other Names
Description
Address
Occupation
Name of Political Party, if any
Please use BLOCK LETTERS
3. Please tick (1) or, where (1) is not applicable, (2) or (3) below—
(1) Certificate of Political Affiliation attached,
or
(2) Assentor statutory declarations (30) attached,
or
(3) Deposit of €500 enclosed.
Name and address of person to whom deposit is to be returned—
Name
Address
4. Please tick, as appropriate—
Photographs attached (see paragraph 4 of notes) for inclusion on ballot paper.Yes No
5. (Where nomination paper is completed by a person other than the candidate).
Proposer’s Number and polling district letters on Register of Electors for the constituency concerned
Signature:
(Candidate/Proposer)
Address:
Date:
6. Decision of Returning Officer
I have decided that this nomination paper is valid (or is invalid because
)
_____________
Returning Officer
Date:
=============================================
TO BE HANDED OR SENT TO THE CANDIDATE
I have decided that nomination paper No. in respect of is valid (or is invalid because
)
_____________
Returning Officer
Address:
Date:
Notes: The notes attached are for guidance only and do not purport to be a legal interpretation.
Notes on Nomination Paper
(References in parentheses are to the provisions of the Electoral Act 1992 , as amended by the Electoral (Amendment) Act 2007 , unless otherwise stated).
1. Nomination
A candidate may nominate himself or herself or may, with the candidate’s consent, be nominated by a proposer. A proposer must be registered as a Dáil elector in the constituency for which he or she proposes to nominate the candidate (section 46).
2. Candidate Nomination Procedures
A nomination paper from a candidate of a registered political party must have a certificate of political affiliation attached (see paragraph 3 below).
If no certificate is attached, one or other of the following procedures must be complied with before the expiration of the time for receiving nominations—
(i) the completion of statutory declarations by 30 assentors registered as Dáil electors in the relevant constituency which must be witnessed by a Commissioner for Oaths, a Peace Commissioner, a Notary Public, a member of the Garda Síochána or an official of the registration authority,
or
(ii) the candidate, or someone on his or her behalf, lodging a deposit of €500 with the returning officer.
Under the assentors option, the relevant forms for the making of statutory declarations are available from returning officers and registration authorities. The relevant details of the assentors must be included on the statutory declarations — number (and polling district letters) on the register of Dáil electors in force at the time of assent, address on the register, contact details, the relevant Dáil constituency on the date of assent where he/she is registered, the name and address of the candidate, and the form of prescribed photographic ID produced and any identifying number on it.
Each assentor MUST when making the statutory declaration bring one of the following photographic documents for identification purposes — passport, driving licence, employee identity card containing a photograph, student identity card issued by an educational institution and containing a photograph, bank card with a photograph, or a travel document containing name and photograph. One of the documents MUST be produced to the person taking the statutory declaration.
An assent is valid in respect of the constituency in which the assentor’s address at the time of assent is located at election time. The assent may be made at any time but it may only be used at the next general or bye-election in the relevant constituency and it expires when the register current when the statutory declaration was made ceases to be in force, notwithstanding that no such election may have been held by then.
Responsibility lies with the candidate or proposer to secure the necessary assents, to attach the 30 statutory declarations to the nomination paper and to deliver all the documentation to the returning officer by the deadline for receipt of nominations.
An assentor must confirm on the statutory declaration that he or she has not assented to the nomination of any other candidate in the election concerned. Under the Statutory Declarations Act 1938 , a person who knowingly makes a false or misleading statutory declaration in any material respect is liable on conviction to a fine not exceeding €2,539 or imprisonment for a term not exceeding 6 months or both. However, a candidate’s nomination will not be invalid where a person assents to the nomination of more than one candidate.
Under the deposits option, a candidate may choose the alternative of making a deposit and, if he or she does not do so and has not opted to secure 30 assents, their candidature will be deemed to have been withdrawn. A candidate, or someone on his or her behalf, may lodge a deposit of €500 with the returning officer before the expiration of the time for receiving nominations. The deposit may be made by means of legal tender or, with the consent of the returning officer, in any other manner. The deposit will be returned in the case of successful candidates, those receiving votes in excess of a quarter of the quota and in certain other circumstances: not being validly nominated, withdrawal of candidature or death. Otherwise, the deposit will be forfeited. (Where the deposit is to be returned, it will be returned to the person making it and the name and address of that person should be entered at 3 on the nomination paper).
All relevant parts of the nomination paper must be completed by all candidates (sections 46, 47 and 48).
3. Certificate of Political Affiliation
(a) If a candidate represents a registered political party, a completed certificate of political affiliation must be lodged with the nomination paper and the name of the party inserted in the appropriate column at 2 of the nomination paper.
(b) If the candidate does not represent a registered political party, the column may be left blank or the words “Non-Party” may be entered in it (section 46).
4. Candidate’s Photograph
If a candidate wishes to have his or her photograph included on the ballot paper, they must provide with the nomination paper—
A photograph in digitised format (Jpeg) on a CD (passport size — 35mm x 45mm); AND
Two identical printed copies of the photograph.
The photograph must be taken not more than 12 months prior to polling day and must be of good quality, in colour and taken to a professional standard, showing the candidate’s full face, head and shoulders only, on a light background (any colour).
Each printed copy of the photograph must have the candidate’s name clearly shown on the back.
If the above requirements are not complied with, the returning officer may not include the photograph on the ballot paper. In these circumstances, or if no photograph is supplied, the space for the candidate’s photograph will be left blank on the ballot paper.
THE ONUS IS ON THE CANDIDATE TO MEET THESE REQUIREMENTS.
5. Delivery of Nomination Paper
The completed nomination paper must be delivered to the returning officer in person by the candidate or proposer within the period fixed for the receipt of nominations (ending at 12 noon on the last day for receiving nominations). (sections 49 and 50).
6. Ruling on Nomination Paper
The returning officer will rule on the validity of the nomination paper within one hour of its delivery to him/her and may rule that it is invalid if he/she considers that it is not properly made out or signed. A returning officer may also rule as invalid a nomination paper from a candidate without a certificate of political affiliation who has opted for the assenting alternative referred to in paragraph 2 above if he or she considers that the candidate has not complied with the statutory requirements relating to assenting.
The returning officer is required to object to the candidate’s name if it—
(a) is not the name by which the candidate is commonly known, or
(b) is misleading and likely to cause confusion, or
(c) is unduly long, or
(d) contains a political reference.
The returning officer is also required to object to a candidate’s description if it is, in his or her opinion, incorrect, insufficient to identify the candidate or unnecessarily long or which contains a political reference other than, where appropriate, a reference to a public or elected office held, or formerly held, by the candidate or an entry in the nomination paper referred to at paragraph 3(a) or (b) above.
The ruling on the nomination paper may be attended by the candidate and proposer (if any), one other person designated by the candidate (or his/her proposer) and any other person authorised by the returning officer (section 52).
7. Eligibility for Election to Dáil Éireann
A person who—
(a) is not a citizen of Ireland, or
(b) has not reached the age of 21 years on polling day, or
(c) is a member of the Commission of the European Communities, or
(d) is a Judge, Advocate General or Registrar of the Court of Justice of the European Communities, or
(e) is a member of the Court of Auditors of the European Communities, or
(f) is a member of the Garda Síochána, or
(g) is a wholetime member of the Defence Forces, or
(h) is a civil servant who is not by the terms of his or her employment expressly permitted to be a member of the Dáil, or
(i) is a person of unsound mind, or
(j) is undergoing a sentence of imprisonment for any term exceeding 6 months imposed by a court of competent jurisdiction in the State, or
(k) is an undischarged bankrupt under an adjudication by a court of competent jurisdiction in the State,
is not eligible for election (section 41; section 15 of the Electoral (Amendment) Act 2001 ).
8. Withdrawal of Nomination
A candidate may withdraw his/her nomination up to 12 noon on the day (disregarding any excluded day) after the latest date for receiving nominations. The notice of withdrawal to the returning officer must be signed by the candidate and delivered in person by the candidate or proposer. Where the returning officer is satisfied that a candidate wishes to withdraw and that neither the candidate nor the proposer can attend in person, the returning officer will accept a notice of withdrawal, signed by the candidate and by the person delivering it, which is received by the latest time for withdrawal (section 54).
9. Appointment of Election Agent
Each candidate must appoint an election agent before incurring any expenses at an election. The main function of the election agent is to authorise and control spending connected to the candidate’s election campaign and to assist the candidate generally in relation to the election. The candidate must, not later than the last day for receiving nominations at the election, supply the name and office address of the election agent in writing to the returning officer for the constituency in which the candidate is standing. (If a person is standing as a candidate in more than one constituency, he or she must supply the information to the returning officer for each of the constituencies). The returning officer will subsequently supply the details to the Standards in Public Office Commission. Further information on the role of an election agent is contained in the Commission’s guidelines (section

28 of the Electoral Act 1997 ; section 50 (j) of the Electoral (Amendment) Act 2001 ).
10. Penalties
There are penalties for—
(a) producing a forged—
(i) nomination paper, or
(ii) certificate of political affiliation
to the returning officer (sections 138 and 142),
(b) without the consent of the person concerned—
(i) nominating such person as a candidate, or
(ii) withdrawing the candidature of such person (section 141),
(c) making a false declaration with respect to the eligibility of a candidate for election (section 143).
Penalties under the Statutory Declarations Act 1938 in respect of knowingly making a false or misleading statutory declaration are set out at paragraph 2 above.
Article 3.
SECOND SCHEDULE Form of Statutory Declaration by Assentors to Nomination of Certain Candidates at Dáil Election
I ................................(name in capitals)
do solemnly and sincerely declare the following—
Particulars of Assentor
1. Number and polling district letters on Register of Electors currently in force:
2. Address on Register of Electors referred to at 1 (address in capitals):
3. Contact details, including daytime and mobile telephone numbers:
4. Form of photographic identification produced to witness and any identifying number on it:
Constituency/Candidate
5. Name of current Dáil constituency in which assentor’s address at 2 is located:
6. Name of candidate (name in capitals):
7. Address of candidate (address in capitals):
Assent
8. I assent to the nomination of the candidate referred to at 6 and 7 at the next Dáil election to be held in the constituency in which the address at 2 is located at the time of the election.
9. I have not assented to the nomination of any other candidate at the election referred to at 8 or at any other Dáil election to be held at the same time as that election,
and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .
Signed..........................................
Declared before me ..............[name in capitals] [a notary public] [a commissioner for oaths] [a peace commissioner] [a member of the Garda Síochána] [an official of the registration authority] by...............who is personally known to me at..........................[place of signature] this....day of ..........[date]
..........................................
[signature of witness]
Garda Station/Registration Authority Stamp
[where appropriate]
Article 5.
THIRD SCHEDULE Photographs
1. A photograph in digitised format (Jpeg) on a CD and 2 identical printed copies of the photograph (passport size — 35mm x 45mm) shall be delivered with the candidate’s nomination paper.
2. The photograph shall be of good quality and in colour showing the candidate’s full face, head and shoulders only, on a light background (any colour) and taken to a professional standard.
3. The photograph shall have been taken not more than 12 months prior to the date appointed by the Minister for the Environment, Heritage and Local Government by order under section 96 of the Electoral Act 1992 for the taking of the poll at the election.
4. Each copy of the printed photograph shall have the candidate’s name clearly shown on the back.
Article 6.
FOURTH SCHEDULE Emblems
1. An emblem shall be delivered to the Registrar of Political Parties with the application form specified by the Registrar under section 25(3) of the Electoral Act 1992 , in digitised format on disk (2 copies) along with 2 identical printed copies.
2. The emblem shall be designed to a professional standard.
3. The 2 printed copies of the emblem shall be signed on the back by an officer of the party whose name appears in the Register of Political Parties pursuant to section 25(7)(d) of the Electoral Act 1992 .
Article 7
FIFTH SCHEDULE Form of Ballot Paper
(Front of Paper)
TREORACHA
1. Scríobh an figiúr 1 sa bhosca le hais ghrianghraf an chéad iarrthra is rogha leat, scríobh an figiúr 2 sa bhosca le hais ghrianghraf an iarrthra do dhara rogha, agus mar sin de.
2. Fill an páipéar ionas nach bhfeicfear do vta. Taispeáin cúl an pháipéir don oifigeach ceannais, agus cuir sa bhosca ballide é.
INSTRUCTIONS
1. Write 1 in the box beside the photograph of the candidate of your first choice, write 2 in the box beside the photograph of the candidate of your second choice, and so on.
2. Fold the paper to conceal your vote. Show the back of the paper to the presiding officer and put it in the ballot box.
Emblem
DOYLE — LIBERAL SOCIALISTS (MARY DOYLE, of 10 High Street, Knockmore, Nurse.)
Photograph
Emblem
LYNCH — URBAN PARTY (JANE ELLEN LYNCH, of 12 Main Street, Ardstown, Shopkeeper.)
Photograph
MURPHY(PATRICK MURPHY, of 12 Main Street, Ballyduff, Carpenter.)
Photograph
Emblem
Ó BRIAIN — CUMANN NA SAORÁNACH(SÉAMUS Ó BRIAIN, as 10 An tSráid Ard, Carn Mr, Oide Scoile.)
Photograph
O'BRIEN — NON-PARTY(EAMON O'BRIEN, of 22 Wellclose Place, Knockbeg, Barrister.)
Emblem
O’BRIEN — THE INDEPENDENT PARTY(ORLA O’BRIEN, of 103 Eaton Brae, Cahermore, Solicitor.)
Photograph
Emblem
O'CONNOR — NATIONAL LEAGUE(CAROLINE O'CONNOR, of 7 Green Street, Carnmore, Engineer.)
Photograph
Emblem
THOMPSON — RURAL PARTY(WILLIAM H. THOMPSON, of Dereen, Ballyglass, Farmer.)
Photograph
(Back of Paper)
No. ...........................................................
Election for Constituency of ......................................
(Back of Counterfoil)
Counterfoil No. .................................................
GIVEN under my Official Seal,
17 April 2007
DICK ROCHE.
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These regulations prescribe the form of nomination paper to be used at a Dáil election, set out the prescribed form of statutory declaration for assenting to certain nominations, specify the photographic identification documents required to be produced by an assentor to a nomination, set out the requirements for the provision of photographs to returning officers by candidates at a Dáil election, set out the requirements for the provision of emblems by political parties to the Registrar of Political Parties for their registration in the Register of Political Parties, set out the form of ballot paper at a Dáil election and specify the documents which a voter may be required to produce at a polling station. Existing regulations covering these matters are revoked.

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