Electoral Act, 1923
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Deposit by candidates at Dáil elections. |
20.—(1) A candidate at a Dáil election, or someone on his behalf, shall deposit with the returning officer before the expiration of the time appointed for receiving nominations the sum of one hundred pounds, and, if he fails to do so, he shall be deemed to be withdrawn. | |
(2) The deposit may be made by the deposit of any legal tender or, with the consent of the returning officer, in any other manner. | ||
(3) If after a deposit is made the candidate is withdrawn the deposit shall be returned to the person by whom the deposit was made, and if the candidate dies after the deposit is made and before the poll is closed, the deposit, if made by him, shall be returned to his legal personal representative, or, if not made by him, shall be returned to the person by whom the deposit was made. | ||
(4) If a candidate is not elected the deposit made by him or on his behalf shall be returned to the person by whom the deposit was made as soon as practicable after the result of the election is declared, unless the number of votes polled by the candidate does not exceed one-third of the quota as ascertained in accordance with the rules contained in the Third Schedule of this Act, and in such case the deposit shall be forfeited to Saorstát Eireann. For the purposes of this sub-section the number of votes polled by a candidate shall be deemed to be the greatest number of votes at any time credited to him in accordance with the Rules contained in the Third Schedule to this Act. | ||
(5) If a candidate is elected the deposit made by him or on his behalf shall be dealt with as follows:— | ||
(a) If the candidate takes the oath as a member of the Oireachtas to which he is so elected the deposit made by him or on his behalf shall be returned to him as soon as he has taken such oath. | ||
(b) If a candidate does not take the oath as a member of the Oireachtas to which he is so elected the deposit made by him or on his behalf shall, on the dissolution of such Oireachtas, be forfeited to Saorstát Eireann unless the candidate shall, before the dissolution of such Oireachtas, have died without having taken such oath, and without having resigned his membership or become disqualified, in which case the deposit aforesaid shall, as soon as practicable after his death, be returned to his legal personal representative. | ||
(6) If a candidate is nominated at a general election in more than one constituency he shall in no case be entitled to have more than one deposit returned to him, and if but for this sub-section such candidate would be entitled under this section to have more than one deposit returned to him, only such one as the Minister for Finance shall direct of such deposits shall be returned to him, and the other deposit or deposits shall be forfeited to Saorstát Eireann. |