Presidential Elections Act, 1937

The ruling upon nominations.

12.—(1) At twelve o'clock noon on the last day for receiving nominations at a presidential election, the presidential returning officer shall attend at the place appointed in that behalf by the order appointing days and shall there and then do the following things, that is to say:—

(a) produce all nomination papers received by him before twelve o'clock noon on the last day for receiving nominations;

(b) examine and rule upon all such nomination papers in the order in which they were received by him, and ascertain therefrom the persons who are validly nominated and declare such persons to stand nominated as candidates at such election;

(c) if only one person is so declared to stand nominated, declare such person to have been elected as the President and send to the Taoiseach and publish in the Iris Oifigiúil a certificate in the form set out in the Second Schedule to this Act of such election of such person;

(d) if two or more persons are so declared to stand nominated, adjourn the election for the purpose of taking a poll in accordance with this Act.

(2) No nomination paper shall be received by the presidential returning officer after twelve o'clock noon on the last day for receiving nominations.

(3) 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.

(4) Every question in relation to any nomination paper or the nomination of any candidate or any other matter connected with the nomination of candidates shall either be decided by the presidential returning officer or be referred by him to the judicial assessor under the next following section of this Act, and whenever any such question is decided by the presidential returning officer his decision thereon shall be final, subject only to a reference to the judicial assessor under the said next following section.

(5) The proceedings under this section are in this Act referred to as the ruling upon nominations.