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SOLR_PROP

Electoral Act, 1923

Disqualification for membership of the Dáil.

51.(1) Every citizen of Saorstát Eireann without distinction of sex who is of full age and is not subject to any of the disqualifications mentioned in this section shall be eligible to be elected and (subject to taking the oath prescribed by the Constitution of Saorstát Eireann) to sit as a member of the Dáil.

(2) Each of the following persons shall be disqualified from being elected or sitting as a member of the Dáil, that is to say:—

(a) a person who is undergoing a sentence of imprisonment with hard labour for any period exceeding six months or of penal servitude for any term imposed by a court of competent jurisdiction in Saorstát Eireann;

(b) an imbecile and any person of unsound mind;

(c) an undischarged bankrupt under an adjudication by a court of competent jurisdiction in Saorstát Eireann;

(d) a person who is by the law for the time being in force in Saorstát Eireann in relation to corrupt practices and other offences at elections incapacitated from being a member of the Dáil by reason of his having been found guilty by a court of competent jurisdiction in Saorstát Eireann of some such practice or offence:

Provided always that the disqualification effected by this sub-section on account of a sentence of imprisonment or penal servitude shall not, in the case of a person who is a member of the Dáil at the date of such disqualification, take effect until the expiration of thirty days from the date of the sentence, or in the event of an appeal, from the date of the order confirming such sentence.

(3) A person shall be incapable of being elected or sitting as a member of Dáil Eireann who is

(a) a member of the defence force of Saorstát Eireann on full pay;

(b) a member of any police force in Saorstát Eireann on full pay;

(c) a person either temporarily or permanently in the Civil Service of Saorstát Eireann unless he is by the terms of his employment expressly permitted to be a member of Dáil Eireann.

(4) If any person who has been duly elected a member of the Dáil should, while he is so a member, become subject to any of the disqualifications mentioned in this section he shall thereupon cease to be a member of the Dáil.

(5) This Section shall not come into force until immediately after the dissolution of the present Dáil.