Electoral Act, 1997
European election petition.
45.—Section 21 of the Act of 1997 is hereby amended:
(a) by the substitution in paragraph (a) of subsection (2) for “7” of “fourteen”;
(b) by the substitution in paragraph (b) of subsection (2) for “seven” of “fourteen”;
(c) by the insertion of the following paragraph after paragraph (b) of subsection (2):
“(bb) Where a petition alleges an irregularity or non-compliance with any provision of Part V of the Electoral Act, 1997 whether before or after the result of the European election was declared by the returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, leave of the High Court to present a petition under paragraph (a) may be applied for not later than fourteen days next after the laying of a copy of a statement of election expenses before each House of the Oireachtas in accordance with section 37 of the Electoral Act, 1997.”; and
(d) by the insertion of the following paragraph after paragraph (b) of subsection (8):
“(bb) A European election shall not be declared invalid because of a non-compliance with any provision of Part V of the Electoral Act, 1997 or mistake in the use of forms provided for in that Act, or in any regulation or order made under that Act, where it appears to the court that a candidate or party, as the case may be, complied with the principles laid down in that Part of that Act taken as a whole and that such non-compliance or mistake did not materially affect the result of the election.”.