Presidential Elections Act, 1993

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Interpretation.

3.—(1) In this Act—

“the Act of 1992” means the Electoral Act, 1992 ;

“authorised representative” means a person authorised in the prescribed form by a person purported to be nominated as a candidate at a presidential election to represent the person at the ruling on nominations at the election;

“a ballot paper” has the meaning assigned to it by section 37 ;

“constituency” has the meaning assigned to it by section 12 ;

“Dáil” means Dáil Éireann;

“Dáil election” means an election of a member or members to serve in the Dáil;

“election”, except where the context otherwise requires, means a presidential election;

“elector”, except where the context otherwise requires, means a presidential elector;

“excluded day” means a day which is a Sunday, Good Friday or a day which is a public holiday within the meaning of the Holidays (Employees) Act, 1973 , or a day which by virtue of a statute or proclamation is a public holiday;

“extraordinary presidential election” means a presidential election rendered necessary by a vacancy in the office of President occasioned otherwise than by the expiration by effluxion of time of the term of office of a President;

“the judicial assessor” has the meaning assigned to it by section 23 ;

“the last day for receiving nominations” has the meaning assigned to it by section 6 ;

“the local returning officer” has the meaning assigned to it by section 10 ;

“the Minister” means the Minister for the Environment;

“a nomination” means a nomination of a person under Part II to be a candidate at a presidential election and cognate words shall be construed accordingly;

“the notice of poll” has the meaning assigned to it by section 36 ;

“the official mark” has the meaning assigned to it by section 38 ;

“ordinary presidential election” means a presidential election held in contemplation of the expiration by effluxion of time of the term of office of the President then holding office;

“a personation agent” has the meaning assigned to it by section 34 ;

“a petition” has the meaning assigned to it by section 57 ;

“the polling day” has the meaning assigned to it by section 6 ;

“a postal voter” means a presidential elector whose name is entered in the postal voters list;

“the postal voters list” means the list prepared pursuant to section 14 of the Act of 1992 insofar as it relates to presidential electors;

“prescribed” means prescribed by regulations made by the Minister;

“presidential election” means an election of a person to the office of President of Ireland;

“presidential election order” has the meaning assigned to it by section 6 ;

“presidential elector” means a person entitled to vote at a presidential election;

“the presidential returning officer” has the meaning assigned to it by section 9 ;

“the quota” has the meaning assigned to it by section 50 ;

“the register of electors”, except where the context otherwise requires, means the register of presidential electors;

“the register of presidential electors” has the meaning assigned to it by section 13 of the Act of 1992;

“the ruling on nominations” has the meaning assigned to it by section 20 ;

“Seanad” means Seanad Éireann;

“a special voter” means a presidential elector whose name is entered in the special voters list;

“the special voters list” means the list prepared pursuant to section 17 of the Act of 1992 insofar as it relates to presidential electors.

(2) In this Act—

(a) a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended;

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

(3) For the purpose of the application by virtue of this Act to presidential elections of certain provisions of the Act of 1992, the said provisions as so applied shall have effect as if—

(a) a reference in that Act to a Dáil elector or an elector was a reference to a presidential elector;

(b) a reference in that Act to a Dáil election or an election was a reference to a presidential election;

(c) a reference in that Act to the register of Dáil electors or the register of electors was a reference to the register of presidential electors;

(d) a reference in that Act to a returning officer was a reference to a local returning officer;

(e) a reference in that Act to the Act of 1992 was a reference to this Act, including the provisions of that Act applied to presidential elections by this Act;

(f) the reference in section 67 of the said Act to section 60 thereof was a reference to section 34 ;

(g) the reference in section 76 of the said Act to section 129 thereof was a reference to section 54 and the references in the said section 76 to the Clerk of the Dáil were references to the presidential returning officer;

(h) the reference in section 85 of the said Act to section 87 thereof was a reference to section 36 ;

(i) in section 98(c) of the said Act “, his local agent” was inserted after “election agent”;

(j) in section 101 of the said Act the references to sections 38 and 64 thereof were references to section 40 and the reference to section 79 thereof was a reference to section 41 ;

(k) in section 106 of the said Act “or of members of a political party” was deleted;

(l) in section 108 of the said Act the reference to section 56 thereof was a reference to section 29 , the reference to section 62 thereof was a reference to section 31 , the reference to section 96 thereof was a reference to section 7 and “63,” was deleted;

(m) in section 112 of the said Act “and shall notify the presidential returning officer of the place so appointed” was added to the section;

(n) in sections 112, 114 and 116 of the said Act the reference to Part XIX thereof was a reference to Part IV ;

(o) in section 113(1) of the said Act “(or to his local agent if he has appointed one)” was inserted after “to each candidate”;

(p) in section 115 of the said Act “(except so far as, following consultation with the presidential returning officer, he otherwise decides)” was substituted for “(except so far as he and the candidates otherwise agree)”;

(q) in section 134 of the said Act the reference to section 68 thereof was a reference to section 40 ;

(r) in section 138 of the said Act the reference to the returning officer was a reference to the presidential returning officer;

(s) in sections 140 and 144 of the said Act the references to a returning officer were a reference to the presidential returning officer and a local returning officer;

(t) in the said section 138 “or any certificate of political affiliation” was deleted;

(u) in sections 144 and 147(2) of the said Act the references to promoting the interests of a political party were deleted;

(v) in sections 139 and 151 of the said Act the references to a period of time were references to the period commencing on the date of the making of a presidential election order in relation to an election and ending on the sending by the presidential returning officer to the Taoiseach of the certificate of the election of a person as the President at that election;

(w) in section 148 of the said Act the reference to section 96 thereof was a reference to section 6 ;

(x) in section 154 of the said Act the reference to section 130 thereof was a reference to section 55 ;

(y) in section 155 of the said Act “or the cesser of membership of the Dáil” was deleted;

and with any other necessary modifications.