S.I. No. 483/2019 - Seanad Electoral (University Members) (Prescribed Matters) (Amendment) Regulations 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st October, 2019.

I, JOHN PAUL PHELAN, Minister of State at the Department of Housing, Planning and Local Government, in exercise of the powers conferred on me by sections 4, 16, and 20 (as amended by section 56 of the Electoral (Amendment) Act 2001 (No. 38 of 2001)) of the Seanad Electoral (University Members) Act 1937 (No. 30 of 1937), (as adapted by the Housing, Planning, Community and Local Government (Alteration of Name of Department and Title of Minister) Order (S.I. No. 358 of 2017) and the Housing, Planning and Local Government (Delegation of Ministerial Functions) Order 2017 (S.I. No. 473 of 2017)), hereby order as follows:

1. These Regulations may be cited as the Seanad Electoral (University Members) (Prescribed Matters) (Amendment) Regulations 2019.

2. The Seanad Electoral (University Members) (Prescribed Matters) Regulations 1938 to 2002 and these Regulations shall be construed as one and may be cited together as the Seanad Electoral (University Members) (Prescribed Matters) Regulations 1938 to 2019.

3. The Seanad Electoral (University Members) (Prescribed Matters) Regulations 1938 are amended:-

(a) in article 2A(i) (as inserted by article 3(a) of the Seanad Electoral (University Members) (Prescribed Matters) (Amendment) Regulations 2002 by substituting “Schedule to the Seanad Electoral (University Members) (Prescribed Matters) (Amendment) Regulations 2002” for “Schedule hereto”,

(b) by substituting form EU1 in Part 1 of the Schedule hereto for form EU1 in the Schedule to the said Regulations.

4. The Seanad Electoral (University Members) (Prescribed Matters) (Amendment) Regulations 2002 are amended by the substitution of the requirements in Part 2 of the Schedule hereto for the requirements specified in Part 1 of the Schedule to the said Regulations.

5. The Seanad Electoral (University Members) (Prescribed Matters) (Amendment) Regulations 2007 are revoked.

Schedule

Part 1

FORM EU 1

Section 16

FORM OF NOMINATION

We, the undersigned, A.B. of .......................................... in the ................................ of ................................ and C.D. of ............................................................ in the ......... ........... of ............................... being registered electors of the constituency of ............................ do hereby nominate the following person to serve in Seanad Éireann as a member for the said constituency.

Surname

Other names

Address

Rank, Profession or Occupation

Photographs attached for inclusion on ballot paper (see note below).

Yes □

No □

(Signed) A.B.

................................................

C.D.

................................................

We, the undersigned, being registered electors for the constituency of ........................................................... do hereby assent to the nomination of the above-mentioned ................................. as a proper person to serve as a member for the said constituency.

(Signed) E.F. of .......................................................................................

G.H. of.......................................................................................

I.J. of .......................................................................................

K.L. of.......................................................................................

M.N. of.......................................................................................

O.P. of.......................................................................................

Q.R. of.......................................................................................

S.T. of.......................................................................................

Note

Section 56(d) of the Electoral (Amendment) Act 2001 amended section 20 of the Seanad Electoral (University Members) Act 1937 to allow for the inclusion of a photograph of the candidate on the ballot paper in a Seanad election. The Seanad Electoral (University Members) (Prescribed Matters) (Amendment) Regulations 2002, as amended by the Seanad Electoral (University Members) (Prescribed Matters) (Amendment) Regulations 2019 set out the required specification of a photograph for inclusion on a ballot paper.

If a candidate wishes to have his or her photograph included on the ballot paper, they must provide with the nomination paper:

• A photograph in digitised format (passport size – 35mm x 45mm); AND

• Two identical printed copies of the photograph.

The photograph must be taken not more than 12 months prior to the day for the closing of the poll and must be of good quality, in colour and taken to a professional standard, showing the candidate’s full face, head and shoulders only, on a light background (any colour).

Each printed copy of the photograph must have the candidate’s name clearly shown on the back.

If the above requirements are not complied with, the returning officer may not include the photograph on the ballot paper. In these circumstances, or if no photograph is supplied, the space for the candidate’s photograph will be left blank on the ballot paper.

THE ONUS IS ON THE CANDIDATE TO MEET THESE REQUIREMENTS.

Part 2

PHOTOGRAPHS

1. A photograph in digitised format and two identical printed copies of the photograph (passport size - 35mm x 45mm) shall be delivered with the candidate’s nomination paper.

2. The photograph shall be of good quality and in colour showing the candidate’s full face, head and shoulders only, on a light background (any colour) and taken to a professional standard.

3. The photograph shall have been taken not more than twelve months prior to the date appointed by the Minister for Housing, Planning and Local Government by order under section 12 of the Seanad Electoral (University Members) Act 1937 for the close of the poll at the election.

4. Each copy of the printed photograph shall have the candidate’s name clearly shown on the back.

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GIVEN under my hand,

25 September 2019

JOHN PAUL PHELAN

Minister of State at the Department of Housing, Planning and Local Government.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

These regulations provide for a revised form for nominating University Member candidates at Seanad elections and updates the provisions for the submission of candidates’ photographs.