Electoral Act, 1963

Specification by regulations of certain forms.

15.—(1) The Minister may by regulations specify the forms named in subsection (2) of this section and, where any such regulations are for the time being in force, each form specified thereby shall stand substituted in the Fifth Schedule to the Principal Act for the corresponding form specified in that Schedule.

(2) The forms referred to in subsection (1) of this section are the following forms in Part III of the Fifth Schedule to the Principal Act:

(a) form 4 (notice of election),

(b) form 5 (nomination paper),

(c) form 10 (notice of result of election and of transfer of votes).

(3) Regulations under this section which specify the form of nomination paper may, if the Minister so thinks proper, include in the form—

(a) a note of the qualifications, disqualifications and incapacities for election to and membership of Dáil Éireann,

(b) a form of declaration, to be signed by the candidate or his proposer, that he has read the note and believes himself or the candidate (as may be appropriate) to be eligible for election,

and if any person makes a declaration such as aforesaid pursuant to regulations under this section in a case in which he or the candidate (as may be appropriate) is not eligible for election, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(4) In a prosecution for an offence under this section, it shall be a good defence for the defendant to show that he had reasonable grounds for believing that he or the candidate (as may be appropriate) was eligible for election.