Electoral Act, 1963
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Death of outgoing Chairman of Dáil Éireann. |
33.—(1) Where an outgoing Chairman of Dáil Éireann within the meaning of section 14 of this Act who has not announced to the Dáil before its dissolution that he does not desire to become a member of the Dáil at the general election consequent on the dissolution dies after the dissolution and before the commencement of the poll in the constituency for which he is deemed by virtue of that section to be elected, the following provisions shall have effect: | |
(a) if the outgoing Chairman of Dáil Éireann dies before the issue of the writ to the returning officer for the constituency, that section shall cease to have effect in respect of the general election; | ||
(b) if the outgoing Chairman of Dáil Éireann dies after the issue of the writ and before the commencement of the poll in the constituency— | ||
(i) the Clerk of Dáil Éireann shall, upon being satisfied of the fact of the death, recall the writ and issue in lieu thereof to the returning officer a writ (in this paragraph referred to as the new writ) so worded that it directs him to cause an election to be held of the full number of members of Dáil Éireann for the constituency and he shall, at the same time as he issues the new writ, notify the Minister of its issue; | ||
(ii) the returning officer shall, upon being satisfied of the death or upon receiving the new writ (whichever first happens), countermand the poll if notice thereof has been given; | ||
(iii) all the proceedings for the election shall be commenced afresh; | ||
(iv) in the fresh election— | ||
(I) the last day for receiving nominations shall be the last day of the period which consists of the nine days (disregarding any excluded day) next following the day on which the new writ is issued and the polling day shall be fixed by the Minister, | ||
(II) no fresh nomination or consent shall be necessary in respect of any candidate who stood nominated, in case there was a countermand of the poll under subparagraph (ii) of this paragraph, at the time of the countermand of the poll and, in any other case, at the time of the receipt by the returning officer of the new writ. | ||
(c) if the outgoing Chairman of Dáil Éireann dies after the commencement of the poll in the constituency and before the close of such poll— | ||
(i) all votes cast at the election in the constituency shall be disregarded and the ballot papers destroyed, | ||
(ii) the provisions of subparagraphs (i), (iii) and (iv) of paragraph (b) of this subsection shall apply. | ||
(2) Where a poll is countermanded under this section, all ballot papers issued to postal voters shall be disregarded and the returning officer shall destroy without opening all ballot papers received by him for inclusion in the countermanded poll. |