Electoral Act, 1992

Return or disposal of deposit.

48.—(1) The deposit made by or on behalf of a candidate shall be returned where the candidate—

(a) withdraws his candidature in accordance with section 54 ,

(b) dies before the poll is closed,

(c) has not, before the expiration of the time for the receipt of nominations, been validly nominated as a candidate,

(d) is elected, or

(e) is not elected but the greatest number of votes credited to him at any stage of the counting of the votes exceeds one quarter of the quota.

(2) Any deposit which is not returned under the foregoing subsection shall be forfeited.

(3) If a candidate is nominated at an election in more than one constituency, he shall in no case be entitled to have more than one deposit returned and, if but for this subsection he would be entitled under this section to have more than one deposit returned, only such one as the Minister for Finance shall direct of the deposits shall be returned and the other deposit or deposits shall be forfeited.

(4) Where a deposit is to be returned under subsection (1) it shall be returned to the person by whom it was made; provided that a deposit made by a person who dies before the deposit is returned shall be returned to his personal representative.

(5) A deposit forfeited under this section shall be disposed of by the returning officer in such manner as may be directed by the Minister for Finance.

(6) In this section “personal representative” has the meaning assigned to it by section 3 of the Succession Act, 1965 .