Electoral Act, 1997

Appointment of national agent and election agent.

28.—(1) (a) Before incurring any election expenses at an election, each political party which authenticates the candidature of a candidate at the election shall appoint for the purposes of this Part an agent, in this Act referred to as a “national agent”, and shall, not later than the last day for receiving nominations at the election, notify in writing the name of the said national agent and the address of the office of the agent to the Public Offices Commission.

(b) Nothing in this section shall be construed as prohibiting the appointment by a political party of a candidate at an election as the national agent.

(2) (a) Before incurring any election expenses at an election, each candidate shall appoint an agent (in this Act referred to as an “election agent”) for the purposes of this Part and shall, not later than the last day for receiving nominations at the election, notify in writing the name of the election agent and the address of the office of the agent to the returning officer for the constituency.

(b) A candidate may appoint himself or herself as election agent, and shall, on so doing, so far as circumstances permit, be subject to the provisions of this Part both as a candidate and as an election agent and, except where the context otherwise requires, any reference in this Part to an election agent shall be construed as including a reference to the candidate acting as election agent.

(3) (a) Where a political party referred to in subsection (1) has not, before the latest time for withdrawal of candidature at an election, notified the name of the national agent and the address of the agent's office to the Public Offices Commission, the appropriate officer appointed, or deemed to have been appointed, under section 71 , shall be deemed to be the national agent of the party, the party shall be deemed to have revoked the appointment of any other person as the national agent and the provisions of this Part shall apply to the said officer in the same manner as they apply to a national agent.

(b) Where a candidate has not, before the latest time for the withdrawal of candidature, notified the returning officer for the constituency of the name of the election agent appointed by the candidate and the address of the office of the agent, the candidate shall be deemed to have appointed himself or herself as election agent and to have revoked the appointment of any other person as such agent and the candidate shall be subject to the provisions of this Part as a candidate and as an election agent.

(4) (a) A political party may, at any time, revoke the appointment of a national agent made by it under this section.

(b) A candidate may at any time, revoke the appointment of an election agent appointed by the candidate under this section.

(5) (a) If, before the relevant statement of election expenses has been furnished to the Public Offices Commission in accordance with section 36 , the appointment of a national agent or an election agent is revoked, or a person appointed as such national agent or election agent dies, resigns or is otherwise unable to act, another national agent or election agent, as the case may be, shall be appointed forthwith by the political party or candidate concerned.

(b) (i) Where a candidate who has appointed himself or herself as election agent dies before a statement of election expenses has been furnished by him or her in accordance with section 36 , the personal representative of the candidate may appoint another election agent in respect of the candidate.

(ii) The personal representative of a candidate referred to in subparagraph (i) may appoint himself or herself as election agent in respect of that candidate.

(c) The provisions of this section shall have effect in relation to an appointment under this subsection and a national agent or election agent so appointed shall be subject to the provisions of this Part in the same manner as an agent appointed otherwise under this section.

(6) (a) As soon as may be after receipt of notification of the appointment of a national agent by a political party, pursuant to subsection (1) or (5) or where, in the absence of such notification an appointment is deemed to have been made, the Public Offices Commission shall publish in the Iris Oifigiúil the name of the national agent appointed or deemed to have been appointed, as the case may be, under this section, the party by whom the agent was appointed, or deemed to have been appointed, and the address of the office of the agent.

(b) As soon as may be after receipt of notification of the appointment of an election agent pursuant to subsection (2) or (5), or where in the absence of such notification an appointment is deemed to have been made, the returning officer for a constituency shall notify the Public Offices Commission in writing and publish notice of the name of the election agent appointed, or deemed to have been appointed, by a candidate, the name of the candidate by whom the agent is appointed, or deemed to have been appointed, as the case may be, and the address of the office of the agent.

(7) Subparagraph (a) of paragraph (1) of Rule 24 of the Second Schedule to the Act of 1997 is hereby repealed and every reference in the said Act to an election agent shall be construed as a reference to the election agent appointed under this section by the candidate concerned.

(8) Rule 24 of the Second Schedule to the Act of 1997 is hereby amended by the substitution of the following paragraph for paragraph (5)—

“(5) The name and address of every agent appointed under this Rule (whether originally or substitutionally) shall immediately after the appointment be communicated by the person by whom the appointment was made to the local returning officer.”.

(9) Subsection (1) of section 59 of the Act of 1992 is hereby repealed and every reference in the said Act to an election agent shall be construed as a reference to the election agent appointed under this section by the candidate concerned.

(10) In subsection (3) of section 59 of the Act of 1992, the words “an election agent may be revoked by the candidate and the appointment of” are hereby deleted.