Seanad Electoral (Panel Members) Act, 1947

Nominations by the Taoiseach to complete provisional sub-panels.

37.—(1) If, when the provisions of section 36 of this Act, have been complied with, the number of persons whose names are entered in any provisional sub-panel does not exceed by at least two the maximum number of members of Seanad Éireann permitted by this Act to be elected therefrom, 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 deficiency in the said provisional sub-panel and furnish to the Taoiseach a copy of the provisional sub-panels as settled immediately before the adjournment.

(2) Upon receiving a report under subsection (1) of this section, the Taoiseach shall nominate to every provisional sub-panel in respect of which he receives the report such number of persons as will be sufficient to bring the number of persons on the provisional sub-panel up to a number exceeding by two (and no more) the maximum number of members of Seanad Éireann permitted by this Act to be elected therefrom.

(3) Where the Taoiseach is required by subsection (2) of this section to make nominations to a provisional sub-panel, it shall be lawful for him to make additional nominations to such provisional sub-panel in excess of the number of nominations required by that subsection, but the 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 provisional sub-panel.

(4) A nomination made by the Taoiseach under this section shall be made in accordance with the following provisions:—

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

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

(c) the 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) the 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 subsection (1) of this section.

(5) On the resumption of the completion of the panels after the adjournment thereof under subsection (1) 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 sub-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.