Seanad Electoral Act, 1928

Election petitions in relation to Seanad elections.

14.—(1) The enactments relating to the presentation and trial of election petitions in relation to elections of members of Dáil Eireann shall apply to Seanad elections with the following modifications, that is to say:—

(a) the court trying an election petition in relation to a Seanad election shall not have power to declare the whole election to be void but may declare the election of any one or more of the candidates returned as elected at the election to be void or to be valid as justice may require,

(b) where the said court so declares the election of a candidate to be void, the court shall declare that such one as justice may require of the candidates not returned as elected was elected,

(c) the said court shall have power to determine and declare the order in which the candidates elected at the election (whether returned as so elected or determined by the court to have been so elected) were elected,

(d) the said court shall have power to make such amendments as may be necessary to give effect to its decisions in the certificate of the Seanad returning officer of the result of the election,

(e) references to the House of Commons shall be construed as references to Seanad Eireann and references to the Speaker of the House of Commons shall be construed as references to the Cathaoirleach of Seanad Eireann.

(2) No person who has voted at a Seanad election shall in any legal proceedings to question the election or return of any candidate at such election be required to state for whom he has voted.