Electoral (Amendment) Act, 1927
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Re-election of outgoing Ceann Comhairle. |
2.—Whenever at a general election the outgoing Ceann Comhairle is by virtue of Article 21 of the Constitution to be deemed to have been elected for a constituency without any actual election the following provisions shall have effect, that is to say:— | |
(a) the outgoing Ceann Comhairle shall not be deemed to be a candidate at such general election within the meaning of the Principal Act or of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), | ||
(b) the writ to be issued under sub-section (1) of section 54 of the Principal Act to the returning officer in the constituency for which the outgoing Ceann Comhairle is so to be deemed to have been elected shall be so worded that it directs such returning officer to cause an election to be held of one less than the full number of members of the Dáil for such constituency, | ||
(c) at the time of issuing such writ to such returning officer or as soon as may be thereafter the Clerk of the Dáil shall send to such returning officer and publish in the Iris Oifigiúil a certificate in the prescribed form certifying that the outgoing Ceann Comhairle did not before the said dissolution announce to Dáil Eireann that he did not desire to continue to be a member thereof, | ||
(d) the public notice given by such returning officer under Rule 43 of the Fifth Schedule to the Principal Act shall include the name of the outgoing Ceann Comhairle in the names of the candidates elected, | ||
(e) if the outgoing Ceann Comhairle dies before the issue of such writ to such returning officer this section shall forthwith cease to apply, | ||
(f) if the outgoing Ceann Comhairle dies after the issue of such writ to such returning officer and before the commencement of the polling in such constituency the Clerk of the Dáil shall, upon being satisfied of the fact of such death, recall such writ and issue in lieu thereof a new writ for the election of the full number of members of the Dáil for such constituency and such returning officer, upon receiving such new writ or upon being satisfied of the fact of such death (whichever first happens), shall countermand the notice of the poll, and thereupon all the proceedings with reference to the election shall be commenced afresh, and in such fresh election the last days for receiving nominations and the day of the poll shall be fixed in the manner provided by the Principal Act for the case of a bye-election, and for that purpose the said new writ shall be deemed to be the writ for such fresh election, but in such fresh election no fresh nomination shall be necessary in respect of any candidate who stood nominated at the time of such countermand of the poll. |