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SOLR_PROP

Electoral Act, 1992

PART VIII

The Writ at a Dáil Election

Issue and return of writs.

39.(1) Where the Dáil is dissolved, the Clerk of the Dáil shall, immediately upon the issue of the Proclamation dissolving the Dáil, issue a writ to each returning officer for a constituency directing him to cause an election to be held of the full number of members of the Dáil to serve in the Dáil for that constituency.

(2) Where a vacancy occurs in the membership of the Dáil by a person ceasing to be a member otherwise than in consequence of a dissolution, the Chairman of the Dáil (or, where he is unable through illness, absence or other cause to fulfil his duties or where there is a vacancy in the office of Chairman, the Deputy Chairman of the Dáil) shall, as soon as he is directed by the Dáil so to do, direct the Clerk of the Dáil to issue a writ to the returning officer for the constituency in the representation of which the vacancy has occurred directing the returning officer to cause an election to be held of a member of the Dáil to fill the vacancy mentioned in the writ.

(3) If at any time there are two or more vacancies in the representation of any constituency in the Dáil and the Clerk of the Dáil is directed on the same day to issue writs for the election of members to fill all or more than one of the vacancies, the Clerk of the Dáil shall issue only one writ to the returning officer for the constituency and shall by the writ direct him to hold one election to fill all the vacancies mentioned in the writ in the representation of the constituency, and the returning officer shall accordingly hold one election only for the election of members of the Dáil to fill all the vacancies mentioned in the writ.

(4) (a) The return of a member or members to serve in the Dáil shall be made by a certificate of his name or their names endorsed on the writ for the constituency concerned under the hand of the returning officer.

(b) The returning officer shall as soon as possible after the ascertainment of the result of the election deliver the return to the Clerk of the Dáil and may for that purpose, if he so thinks fit, dispatch it by registered post.

(c) A return so dispatched shall be transmitted to the Clerk of the D áil free of charge by the earliest practicable post.

(5) Where an outgoing Chairman of the Dáil within the meaning of section 36 is deemed by virtue of that section to be elected at a general election as a member of the Dáil—

(a) the writ issued to the returning officer for the constituency for which he is so deemed to be elected shall be so worded that it directs the returning officer to cause an election to be held of one less than the full number of members of the Dáil for the constituency;

(b) at the time of issuing the writ or as soon as may be thereafter, the Clerk of the Dáil shall send to the returning officer and shall publish in the Iris Oifigiúil a certificate certifying that the outgoing Chairman of the Dáil did not announce to the Dáil before the dissolution thereof that he did not desire to become a member of the Dáil at the general election consequent on the dissolution;

(c) the returning officer shall, in the public notice given by him under section 127 , include the name of the outgoing Chairman of the Dáil among the names of the candidates elected for the constituency.

(6) (a) A writ issued under this section shall be in the relevant form specified in the Fourth Schedule .

(b) Where a writ is dispatched by registered post to the returning officer, it shall be transmitted free of charge by the earliest practicable post.

(c) The returning officer, immediately after receiving the writ, shall acknowledge its receipt.

(7) If and so long as the office of Clerk of the Dáil is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, the Clerk-Assistant of the Dáil shall carry out the duties under this section of the Clerk of the Dáil.