Electoral Act, 1923

Nomination of candidates.

19.—(1) A candidate for election to the Dáil shall be nominated in writing and such writing shall be subscribed by two registered electors of the constituency as proposer and seconder, respectively, and by eight other registered electors of the constituency as assenting to the nomination, and shall be delivered to the returning officer by the candidate himself or his proposer or seconder—

(a) in the case of a general election at any time after the date of the proclamation declaring the calling of the Oireachtas and before the expiration of the time appointed for receiving nominations; and (b) in the case of a bye-election at any time after the receipt of the writ by the returning officer, and before the expiration of the time appointed for receiving nominations.

(2) If at the expiration of one hour after the end of the time appointed for receiving nominations no more candidates stand nominated than there are vacancies to be filled up, the returning officer shall forthwith declare the candidates who may stand nominated to be elected and return their names to the Clerk of the Dáil; but if at the expiration of such hour more candidates stand nominated than there are vacancies to be filled up the returning officer shall adjourn the election and shall take a poll in the manner directed by this Act.

(3) A candidate may, before the expiration of the time appointed for receiving nominations but not afterwards, withdraw from his candidature by furnishing a notice to that effect, signed by him, to the returning officer: Provided that the proposer and seconder οf a candidate nominated in his absence out of Ireland may before the expiration of the time aforesaid, but not afterwards withdraw such candidate by a written notice, signed by them, and delivered to the returning officer, together with a written declaration of such absence of the candidate.

(4) If after the adjournment of an election by the returning officer for the purpose of taking a poll one of the candidates nominated shall die before the poll has commenced, the returning officer shall, upon being satisfied of the fact of such death, countermand the notice of the poll, and all the proceedings with reference to the election shall be commenced afresh, and in such fresh election the last days for receiving nominations and the day for the poll shall be fixed in the manner provided by this Act for the case of a bye-election, and for that purpose the writ shall be deemed to have been received by the returning officer on the day on which proof was given to him of the death of such candidate, but in such fresh election no fresh nomination shall be necessary in respect of any candidate who stood nominated at the time of the countermand of the poll.