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43 1937

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1937

PART III.

Formation of the Panels.

Right of members of Dáil Eireann to nominate to panels.

21. —(1) At every Seanad election, any person may be nominated in accordance with this Act by not less than two members of Dáil Eireann to any of the panels constituted for that election.

(2) No member of Dáil Eireann shall join in the nomination under this section of more than one person at any particular Seanad election.

Right of registered nominating bodies to nominate to panels.

22. —(1) At every Seanad election, every nominating body which is registered in the register of nominating bodies in respect of any particular panel shall be entitled to nominate to such panel such number of persons as is provided in that behalf by this section.

(2) The several nominating bodies entitled to nominate persons to a particular panel shall each be entitled to nominate the same number of persons to such panel and that number shall be ascertained as follows, that is to say:—

(a) if the number of nominating bodies entitled to nominate persons to such panel is not less than the number of members of Seanad Eireann to be elected from persons nominated to such panel by nominating bodies, each such nominating body shall be entitled to nominate two persons to such panel;

(b) if the number of nominating bodies entitled to nominate as aforesaid is not less than one-half but is less than the whole of the number of members of Seanad Eireann to be elected as aforesaid, each such nominating body shall be entitled to nominate three persons to such panel;

(c) if the number of nominating bodies entitled to nominate as aforesaid exceeds one but is less than one-half of the number of members of Seanad Eireann to be elected as aforesaid, each such nominating body shall be entitled to nominate four persons to such panel;

(d) if only one nominating body is entitled to nominate as aforesaid, such nominating body shall be entitled to nominate to such panel a number of persons equal to twice the number of members of Seanad Eireann to be elected as aforesaid.

Method of nomination by nominating bodies.

23. —(1) At the following times, that is to say:—

(a) as soon as practicable after the publication of the register of nominating bodies in the Iris Oifigiúil, and

(b) within ten days after every dissolution of Dáil Eireann,

the Seanad returning officer shall send by post to every nominating body registered in the register of nominating bodies a form of nomination paper and also a notice in the prescribed form informing such body of its right to nominate persons to a specified panel and of the number of persons which such body is entitled so to nominate and giving to such body such information and instructions in relation to the making of the nomination as the Minister shall think proper to prescribe.

(2) All nominations to a panel by a nominating body shall be made in accordance with the following provisions, that is to say:—

(a) such nominations shall be made in writing on a nomination paper in the prescribed form;

(b) every nominating body shall nominate by one and the same nomination paper all the persons which it is entitled to nominate;

(c) every nomination paper shall contain the particulars required by the prescribed form of nomination paper to be stated therein (including a statement of the qualifications of every person thereby nominated for the panel to which he is nominated) and shall be signed by the nominating body making a nomination thereby;

(d) where the nominating body is a body corporate, the nomination paper shall be signed by such body by affixing to such paper the seal of such body in the manner and with the counter-signatures required by the constitution, articles of association, or other regulations of such body;

(e) where the nominating body is not a body corporate, the nomination paper shall be signed in the name of the body by some person having authority to sign in that name.

(3) In the case of the Irish County Councils' General Council and in the case of the Association of Municipal Authorities of Ireland, the persons to be nominated to the administrative panel by such bodies respectively shall be chosen by the members of such body voting on the system of proportional representation by means of the single transferable vote.

(4) Every nomination paper which purports to be sealed with the seal of a body corporate which is a nominating body and to be countersigned shall until the contrary is proved, be deemed to have been so sealed in the manner and with the counter-signatures required by the constitution, articles of association, or other regulations of such body.

(5) Every nomination paper which purports to be signed in the name of an unincorporated body which is a nominating body shall, until the contrary is proved, be deemed to have been so signed by a person having authority to sign in that name.

(6) Where a nominating body purports to nominate by a nomination paper either more persons or less persons to a panel than such nominating body is entitled so to nominate, such nomination paper shall be wholly void.

(7) The Seanad returning officer shall furnish free of charge on request to every nominating body such number of forms of nomination paper (in addition to the form which he is required by the first sub-section of this section to send to such body) as such body shall reasonably require.

Preparation of provisional panels.

24. —(1) Nomination papers nominating persons to a panel by a nominating body shall be delivered or sent by post to the Seanad returning officer.

(2) Immediately after the expiration of the time for general panel nominations, the Seanad returning officer shall prepare, in respect of each panel, a provisional panel containing the names of all persons in respect of whom he has received, before the expiration of the said time, nominations to such panel by nominating bodies.

(3) Every provisional panel shall be in the like form (including division into two sub-panels) and contain the like particulars as are prescribed by or under this Act in respect of the final panels.

(4) As soon as conveniently may be after the expiration of the time for general panel nominations, the Seanad returning officer shall send to the Clerk of Dáil Eireann a copy of every provisional panel together with such number of forms of nomination papers by members of Dáil Eireann as the Clerk of Dáil Eireann shall reasonably require.

Method of nomination by members of Dáil Eireann.

25. —(1) Every nomination of a person to a panel by members of Dáil Eireann shall be made in accordance with the following provisions, that is to say:—

(a) 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 to which he is so nominated;

(c) every such nomination paper shall be signed by every of the members of Dáil Eireann making a nomination thereby;

(d) every such nomination paper shall be delivered or sent by post to the Seanad returning officer.

(2) If a member of Dáil Eireann signs as a nominator two or more nomination papers, both or all of such nomination papers shall be wholly void.

(3) Immediately after the expiration of the time for Dáil panel nominations, the Seanad returning officer shall insert in the appropriate places in each provisional panel the names, addresses, and descriptions of the persons (if any) who have been nominated by members of Dáil Eireann before the expiration of the said time to the panel to which such provisional panel relates.

Ex-officio nominations to the administrative panel.

26. —(1) At every Seanad election—

(a) the Taoiseach shall be entitled to nominate to the administrative panel such number of persons, not exceeding two, as he shall think fit, and

(b) any person (other than the Taoiseach for the time being) who has previously held the office of Taoiseach or the office of President of the Executive Council of Saorstát Eireann or both of those offices shall be entitled to nominate to the administrative panel such number of persons, not exceeding two, as he shall think fit.

(2) Every nomination made under this section shall be made in accordance with the following provisions, that is to say:—

(a) such nomination shall be made in writing on a nomination paper in the prescribed form;

(b) any person who nominates two persons under this section shall nominate both such persons by one and the same nomination paper;

(c) every nomination paper shall contain the particulars required by the prescribed form of nomination paper to be stated therein (including a statement of the qualifications of every person thereby nominated for the panel to which he is so nominated) and shall be signed by the person making a nomination thereby;

(d) the nomination paper shall be delivered or sent by post to the Seanad returning officer.

(3) Where a person purports to nominate by a nomination paper under this section more than two persons, such nomination paper shall be wholly void.

(4) Immediately after the expiration of the time for ex-officio nominations, the Seanad returning officer shall insert in the provisional panel relating to the administrative panel the names, addresses, and descriptions of the persons (if any) who have been nominated under this section to that panel before the expiration of the said time.

(5) At any time after the expiration of the time for Dáil panel nominations and before the expiration of the time for ex-officio nominations, any person entitled to make a nomination under this section to the administrative panel shall be entitled to inspect all or any of the provisional panels.

(6) Nominations under this section to the administrative panel are in this Act referred to as ex-officio nominations.

Publication of nomination papers by Seanad returning officer.

27. —Whenever the Seanad returning officer receives a nomination paper (other than a nomination paper declared by this Act to be wholly void and a nomination paper so received after the time limited by this Act for such receipt), he shall forthwith post up, in such public place in the county borough of Dublin as he shall consider most suitable, a notice stating the fact of the receipt by him of such nomination paper and the name, address, and description (as stated in such nomination paper) of the person purported to be nominated by such nomination paper and the panel to which such person purports to be so nominated.

The completion of the panels.

28. —(1) At twelve o'clock noon on the day for the completion of the panels the Seanad returning officer shall attend at the appointed place and there hold a sitting (in this Act referred to as the completion of the panels) at which he shall do all such things as he is required by the subsequent provisions of this Act to do at such sitting.

(2) When preparing the provisional panels in pursuance of the foregoing provisions of this Act, the Seanad returning officer shall not insert in any provisional panel the name of any person purported to be nominated by a nomination paper which is declared by this Act to be wholly void or which is received by him after the expiration of the relevant time for receiving nominations, but, with those exceptions, the Seanad returning officer shall prepare the provisional panels without considering or inquiring into the validity of any nomination paper or the nomination purported to be made thereby and without regard to any duplication of entries which may occur by reason of a person being nominated by more than one nomination paper, whether to the same or to different panels.

(3) At the completion of the panels, the Seanad returning officer shall take the several provisional panels successively one by one and shall, in respect of each provisional panel,—

(a) examine each nomination paper in pursuance of which a person was entered in such provisional panel and shall rule upon the validity or invalidity of each such nomination paper and the validity or invalidity of the nomination purported to be made thereby and shall delete from such provisional panel every entry made therein in pursuance of a nomination paper or a nomination which he decides to be invalid, and

(b) shall then examine the qualifications of each person whose name remains on such provisional panel after the said deletions and shall delete from such provisional panel the name of every such person in respect of whom he is not satisfied that such person is qualified under sub-section 1° of section 7 of Article 18 of the Constitution to be on the panel to which such provisional panel relates, and

(c) shall, in respect of every person whom he determines to be qualified to be on such panel, enter in the provisional panel relating to such panel a statement, in such form as he thinks proper, of the qualifications which he determines to be in fact the qualifications of such person to be on such panel, and

(d) shall then delete all duplicate entries remaining on such provisional panel and shall for that purpose give preference to a nomination by a nominating body as against any other nomination and, in the case of the administrative panel, give preference to a nomination by members of Dáil Eireann as against an ex-officio nomination.

(4) If, when the provisions of the next preceding sub-section of this section have been complied with in respect of all the provisional panels, any person is found to be entered in two or more provisional panels, the following provisions shall have effect, that is to say:—

(a) the Seanad returning officer shall retain the name of such person on such one of those provisional panels as such person or his agent shall elect;

(b) if such person or his agent (as the case may be) refuses or fails to make such election or neither such person nor his agent is present or reasonably available, the Seanad returning officer shall retain the name of such person on such one of the said provisional panels as the Seanad returning officer shall determine by lot;

(c) the Seanad returning officer shall delete the name of such person from all the said provisional panels except the provisional panel on which he is required, by whichever of the foregoing paragraphs of this sub-section is applicable, to retain the name of such person.

(5) In carrying out the provisions of this Act in relation to the proceedings at the completion of the panels the Seanad returning officer shall have due regard to all decisions of the judicial referee on questions referred to him under this Act by the Seanad returning officer.

(6) All decisions by the Seanad returning officer at the completion of the panels shall be final and conclusive subject only to such reference to the judicial referee as is provided for by this Act.

Nominations by the Taoiseach to complete the sub-panels.

29. —(1) If, when the provisions of the next preceding section have been complied with, the number of persons whose names are entered in any sub-panel of a provisional panel does not exceed by at least two the number of members of Seanad Eireann required by this Act to be elected from such sub-panel, the Seanad returning officer shall adjourn to a convenient day and hour the further proceedings at the completion of the panels and shall report to the Taoiseach the said deficiency in the said sub-panel and furnish to the Taoiseach a copy of the provisional panels as settled immediately before the said adjournment.

(2) Upon receiving such report as is mentioned in the next preceding sub-section of this section, the Taoiseach shall nominate to every sub-panel in respect of which he receives such report such number of persons as will be sufficient to bring the number of persons on such sub-panel up to a number exceeding by two (and no more) the number of members of Seanad Eireann required by this Act to be elected from such sub-panel.

(3) Whenever the Taoiseach is required by the next preceding sub-section of this section to make nominations to a sub-panel, it shall be lawful for him to make additional nominations to such sub-panel in excess of the number of nominations required by the said sub-section, but such additional nominations shall be substitutional only and shall be operative only if and so far as is requisite by reason of the invalidity of one or more of the other nominations made by the Taoiseach under this section to such sub-panel.

(4) Every nomination made by the Taoiseach under this section shall be made in accordance with the following provisions, that is to say:—

(a) such nomination shall be made in writing on a nomination paper in the form (modified as requisite) prescribed for ex-officio nominations;

(b) every such nomination shall be made by a separate nomination paper;

(c) every nomination paper shall state the sub-panel in respect of which the nomination is made and shall also contain the particulars required by the said prescribed form of nomination paper to be stated therein (including a statement of the qualifications of the person thereby nominated for the panel to which he is so nominated) and shall be signed by the Taoiseach;

(d) every nomination paper shall be delivered or sent to the Seanad returning officer and shall be so sent or delivered that it is received by the Seanad returning officer before the time to which the completion of the panels was adjourned under the first sub-section of this section.

(5) On the resumption of the completion of the panels after the adjournment thereof under the first sub-section of this section, the Seanad returning officer shall consider and rule upon the nominations made by the Taoiseach under this section (including examining and ruling upon the qualifications of every person so nominated for the panel to which he is so nominated) and shall enter in the proper place in the proper provisional panel the name, address, and description of every person whom he finds to be validly so nominated together with a statement, in such form as he thinks proper, of the qualifications which he determines to be in fact the qualifications of such person to be on such panel.

The judicial referee.

30. —(1) The President of the High Court or some other judge of the High Court nominated by him shall attend at the completion of the panels and 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 whose name is on the provisional panel for the time being under consideration or by the agent of any such person, refer to the judicial referee any question arising during the completion of the panels in relation to any nomination paper, the nomination of any person to a panel, the qualifications of any person for a panel, the statement by the Seanad returning officer of such qualifications, or any other matter connected with the provisional panels.

(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.

Questions raisable at the completion of the panels.

31. —(1) At the completion of the panels every question relevant to the nomination of a person to a panel, 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 any panel, may be raised by the Seanad returning officer or by any person whose name is on the provisional panel for the time being under consideration 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 the completion of the panels, 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.

Persons permitted to attend the completion of the panels.

32. —The following and no other persons shall be present at the completion of the panels, 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 whose name is on a provisional panel;

(d) one agent of each person whose name is on a provisional panel;

(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.

Continuity of proceedings at the completion of the panels.

33. —(1) The proceedings at the completion of the panels 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 the completion of the panels are suspended under this section, the Seanad returning officer shall take all proper precautions for the security of the nomination papers, provisional panels, and other relevant documents.

Death or disqualification of a candidate.

34. —(1) Where, before the expiration of the time for general panel nominations, a nominating body satisfies the Seanad returning officer that a person nominated to a panel by such nominating body has died or become disqualified for membership of Seanad Eireann, the Seanad returning officer shall forthwith cancel the nomination of such person, and thereupon such nomination shall be deemed for the purposes of this Act never to have been received by the Seanad returning officer and it shall be lawful for such nominating body to nominate in accordance with this Act a person to such panel in the place of the person who has so died or become disqualified.

(2) Where, before the expiration of the time for Dáil panel nominations, the Seanad returning officer is satisfied that a person nominated to a panel by members of Dáil Eireann has died or become disqualified for membership of Seanad Eireann, the Seanad returning officer shall forthwith cancel such nomination and thereupon such nomination shall be deemed never to have been made.

(3) In the counting of the votes cast at a Seanad election all the preferences recorded for a candidate named in a panel of whose death (whether before or after the completion of such panel) the Seanad returning officer is satisfied before the close of the poll shall be disregarded and regard shall be had in lieu thereof to the next available preferences.

(4) Subject to the foregoing provisions of this section, the fact that a candidate named in a panel has (whether before or after the completion of such panel or before or after the close of the poll) died or become disqualified for membership of Seanad Eireann shall not invalidate or prejudice such panel or the nomination of such candidate thereto or any preferences recorded for him, and, if he is elected, his election shall not be invalidated by reason of his having so died or become disqualified, but he shall be deemed to have vacated his membership of Seanad Eireann immediately after his said election thereto.

Preparation and publication of the panels.

35. —(1) When, at the completion of the panels, the proceedings provided for in the foregoing sections of this Act have been completed, the Seanad returning officer shall prepare the five panels, each of which shall consist of a list (arranged in accordance with the subsequent provisions of this section) of the persons who have been found to be validly nominated thereto.

(2) Each of the panels shall be divided into two parts (in this Act referred to as sub-panels), one of which (in this Act referred to as the nominating bodies sub-panel) shall consist of a list of the persons nominated thereto by nominating bodies, and the other of which (in this Act referred to as the Dáil sub-panel) shall consist of a list of the persons nominated thereto by members of Dáil Eireann or, in the case of the administrative panel, either by such members or by ex-officio nominations.

(3) The persons named in a panel shall be described therein by their names, addresses and descriptions as stated in their respective nomination papers, and there shall be added to the description of every such person a statement of his qualifications for such panel as entered in the relevant provisional panel in pursuance of the foregoing provisions of this Act.

(4) The persons named in a part of a panel shall be arranged in such part in the alphabetical order of their surnames and, in the case of identity of surnames, of their other names.

(5) When the Seanad returning officer has prepared the five panels he shall publish them in the Iris Oifigiúil.

(6) The several panels as prepared and published by the Seanad returning officer in pursuance of this section shall be final and conclusive and not open to review by any Court.