Seanad Electoral Act, 1928

Finality of panel of candidates.

7.—(1) A panel of candidates for a Seanad election prepared under this Act by the Seanad returning officer shall be conclusive as to the persons who are candidates at such election notwithstanding that any of such persons are dead or are not qualified for or are or have become disqualified for membership of Seanad Eireann and notwithstanding any informality or irregularity in their nomination.

(2) In the counting of the votes cast at a Seanad election all the preferences recorded for a candidate of whose death (whether before or after the formation of the panel of candidates) the Seanad returning officer receives notice before the close of the poll shall be disregarded and regard shall be had in lieu thereof to the next available preferences.

(3) The following candidates at a Seanad election if elected at such election shall be returned as having been so elected and shall (without prejudice to the power of a court of competent jurisdiction to declare their election void) be deemed to have been duly so elected and to vacate their seats immediately after the commencement of their term of office, that is to say:—

(a) every elected candidate who dies before the commencement of his term of office whether he so dies before, during, or after the election,

(b) every elected candidate who at the close of the poll is not qualified to be a member of Seanad Eireann whether he does or does not become so qualified before the commencement of his term of office,

(c) every elected candidate who is at the commencement of his term of office disqualified for being a member of Seanad Eireann whether he became so disqualified before, during, or after the election.