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23 1992

ELECTORAL ACT, 1992

PART XII

Death of Candidate or Outgoing Chairman of Dáil

Death of a candidate.

62. —(1) Where, not less than forty-eight hours before the latest time for receiving nominations the returning officer becomes satisfied that a candidate standing nominated has died, the returning officer shall immediately give public notice to that effect and the candidature of the candidate shall be deemed to have been withdrawn.

(2) Where, at any time during the period beginning forty-eight hours before the latest time for receiving nominations and ending on the commencement of the poll, the returning officer becomes satisfied that a candidate standing nominated for election has died, the following provisions shall have effect in relation to the Dáil election—

(a) the returning officer shall forthwith notify the Minister and the Clerk of the Dáil of the death of the candidate and at the same time, if notice of the poll has been given, he shall countermand the poll,

(b) the returning officer shall forthwith give public notice that all acts done in connection with the election (other than the nomination of the surviving candidates) are void and that a fresh election will be held,

(c) all the proceedings for the election shall be commenced afresh, but a fresh nomination or consent shall not be necessary in respect of any candidate who stood nominated at the time when notification of the death of the candidate was sent to the Minister,

(d) at the fresh election the earliest time for receiving nominations shall be 10 a.m. on the day (disregarding anyexcluded day) next following the date of the publication of the notice under section 44 in relation to the fresh election and the latest time for receiving nominations shall be 12 noon on the ninth day (disregarding any excluded day) next following the date on which the returning officer sends notification of the death of the candidate to the Minister,

(e) the polling day at the fresh election shall be fixed by the Minister,

(f) for the purposes of section 44 in relation to the fresh election, the returning officer shall be deemed to have received the writ on the day after the day on which he sends notification of the death of the candidate to the Minister,

(g) subsection (14) of section 25 shall not apply in relation to the fresh election and references to the Register of Political Parties contained otherwise in that section shall, in relation to the fresh election, be construed as a reference to the copy of that Register sent to the returning officer in relation to the original election.

(3) Where, at any time after the commencement of the poll in a constituency and before the close of such poll, the returning officer becomes satisfied that a candidate has died—

(a) all votes cast at the Dáil election in the constituency shall be disregarded and the ballot papers shall be destroyed by the returning officer,

(b) the provisions of paragraphs (a) to (g) of subsection (2) shall apply.

(4) Where a candidate at a Dáil election dies in circumstances other than those referred to in subsections (1), (2) or (3) his death shall not invalidate his nomination or any preference recorded for him and if he is elected his election shall not be invalidated by reason of his death, but he shall be deemed to have vacated his membership of the Dáil immediately after his election.

(5) Where a poll is countermanded under this section, all ballot papers issued to postal voters and special voters shall be disregarded and the returning officer shall destroy all ballot papers received by him for inclusion in the countermanded poll.

Death of outgoing Chairman of Dáil.

63. —(1) Where an outgoing Chairman of the Dáil within the meaning of section 36 who has not announced to the Dáil before its dissolution that he does not desire to become a member of the Dáil at the general election consequent on the dissolution dies before the close of the poll in the constituency for which he is deemed by virtue of that section to be elected, the following provisions shall have effect:

(a) if the Clerk of the Dáil becomes satisfied that the outgoing Chairman of the Dáil has died before the issue of the writ to the returning officer for the constituency, that section shall cease to have effect in respect of the general election;

(b) if, after the issue of the writ and before the commencement of the poll in the constituency, the Clerk of the Dáil becomes satisfied that the outgoing Chairman of the Dáil has died—

(i) the Clerk of the Dáil shall, upon being satisfied of the fact of the death, recall the writ and issue in lieu thereof to the returning officer a writ (in this paragraph referred to as the new writ) so worded that it directs him to cause an election to be held of the full number of members of the Dáil for the constituency and he shall, at the same time as he issues the new writ, notify the Minister of its issue;

(ii) the returning officer shall, upon being satisfied of the death, or upon receiving the new writ (whichever first happens), countermand the poll if notice thereof has been given;

(iii) all the proceedings for the election shall be commenced afresh;

(iv) the returning officer shall give public notice that all acts done in connection with the election (other than the nomination of the surviving candidates) are void and that a fresh election will be held;

(v) in the fresh election—

(I) the latest time for receiving nominations shall be 12 noon on the last day of the period which consists of the nine days (disregarding any excluded day) next following the day on which the new writ is issued and the polling day shall be fixed by the Minister,

(II) no fresh nomination or consent shall be necessary in respect of any candidate who stood nominated, in case there was a countermand of the poll under subparagraph (ii), at the time of the countermand of the poll and, in any other case, at the time of the receipt by the returning officer of the new writ;

(vi) subsection (14) of section 25 shall not apply in relation to the fresh election and references to the Register of Political Parties contained otherwise in that section shall, in relation to the fresh election, be construed as a reference to the copy of that Register sent to the returning officer in relation to the original election;

(c) if the returning officer becomes satisfied that the outgoing Chairman of the Dáil has died after the commencement of the poll in the constituency and before the close of such poll—

(i) all votes cast at the election in the constituency shall be disregarded and the ballot papers destroyed by the returning officer,

(ii) the provisions of subparagraphs (i) to (vi) of paragraph (b) shall apply.

(2) Where a poll is countermanded under this section, all ballot papers issued to postal voters and special voters shall be disregarded and the returning officer shall destroy all ballot papers received by him for inclusion in the countermanded poll.