Electoral Act, 1997
Local election petition.
75.—The Local Elections (Petitions and Disqualifications) Act, 1974 is hereby amended:
(a) by the insertion of the following subsection after subsection (3) of section 4:
“(3A) Where a petition alleges an irregularity or non-compliance with any provision of regulations made under section 72 of the Electoral Act, 1997 whether before or after the result of the local 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, the petition may be presented within the twenty eight days next after the laying of a copy of a statement of election expenses before each House of the Oireachtas as provided for in such regulations.”; and
(b) by the insertion of the following subsection after subsection (1) of section 5:
“(1A) A local election shall not be declared invalid because of a non-compliance with any provision of regulations made under section 72 of the Electoral Act, 1997 or mistake in the use of forms provided for in such regulations, where it appears to the court that a candidate or party, as the case may be, complied with the principles laid down in such regulations taken as a whole and that such non-compliance or mistake did not materially affect the result of the election.”.