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Death or disqualification of a candidate.
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42.—(1) Where, before the expiration of the time for general panel proposed nominations, a nominating body satisfies the Seanad returning officer that a person proposed for nomination to a panel by the body has died or become disqualified for membership of Seanad Eireann, the Seanad returning officer shall forthwith cancel the proposal for nomination of such person, and thereupon such proposal for nomination shall be deemed for the purposes of this Act never to have been received by the Seanad returning officer and it shall be lawful for the body to propose for nomination in accordance with this Act a person to the panel in the place of the person who has died or become disqualified.
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(2) Where, before the expiration of the time for Oireachtas panel nominations, the Seanad returning officer is satisfied that a person nominated to a panel by members of the Oireachtas has died or become disqualified for membership of Seanad Eireann, the Seanad returning officer shall forthwith cancel such nomination and thereupon it shall be deemed never to have been made.
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(3) In the counting of the votes cast at a Seanad general election, all the preferences recorded for a candidate named in a panel of whose death (whether before or after the completion of the panel) the Seanad returning officer is satisfied before the close of the poll shall be disregarded and regard shall be had in lieu thereof to the next available preferences.
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(4) Subject to the foregoing provisions of this section, the fact that a candidate named in a panel has (whether before or after the close of the poll) died or become disqualified for membership of Seanad Eireann shall not invalidate or prejudice the panel or the nomination of the candidate thereto or any preferences recorded for him, and, if he is elected, his election shall not be invalidated by reason of his having so died or become disqualified but he shall be deemed to have vacated his membership of Seanad Eireann immediately after his said election thereto.
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