Seanad Electoral (Panel Members) Act, 1947

The ruling upon nomination for nominating bodies sub-panel casual vacancy.

64.—(1) Where a Seanad bye-election order relates to a nominating bodies sub-panel casual vacancy, the Seanad returning officer shall, at eleven o'clock in the morning on the day appointed by such order for the ruling upon nomination, attend at the place similarly appointed and then and there hold a sitting (in this Act referred to as the ruling upon nomination) at which he shall rule upon the nomination stated in the certificate of provisional election.

(2) The following provisions shall apply and have effect in relation to every ruling upon nomination held in pursuance of this section:

(a) the Seanad returning officer shall produce the nomination paper handed to him at the nomination committee (bye-election) meeting of the person named in the certificate of provisional election;

(b) the Seanad returning officer shall consider and rule upon the validity of the nomination paper and the nomination purported to be made thereby;

(c) the Seanad returning officer shall reject the nomination as invalid if he rules that the nomination paper or the nomination purported to be made thereby is invalid or if he is not satisfied that such person possesses the qualifications stated in subsection 1° of section 7 of Article 18 of the Constitution in respect of the panel mentioned in the relevant Seanad bye-election order;

(d) when the Seanad returning officer has ruled upon the nomination—

(i) if he rejects the nomination, he shall so report to the Minister,

(ii) if he does not reject the nomination, the person nominated shall be deemed to be elected to fill the casual vacancy in the membership of Seanad Éireann mentioned in the relevant Seanad (bye-election) order.