Electoral Act, 1997

Statement in relation to election expenses.

36.—(1) (a) The national agent of a political party, the election agent of a candidate and every person who incurs election expenses under section 31 (7) shall, within the fifty six days next following the polling day at an election, furnish to the Public Offices Commission a statement in writing of all election expenses (whether paid or not) incurred by such agent or person in relation to the election and the several matters to which such expenses relate, together with all relevant vouchers.

(b) The national agent of a political party shall include in the statement of election expenses furnished by him or her under paragraph (a):

(i) details of the election expenses incurred by the said agent pursuant to section 32 (1) (b) or 33 (1)(b), as may be appropriate;

(ii) the name of each candidate whose candidature was authenticated by the party at that election and in respect of whom election expenses are deemed to have been incurred by the said agent under section 32 (1)(b)(ii) or 33 (1)(b)(ii), as may be appropriate, and the constituency in which each such candidate was a candidate at the election; and

(iii) the amount of election expenses (if any) agreed in writing pursuant to section 32 (1)(b)(i) or 33 (1)(b)(i), as may be appropriate, between the party and each such candidate and the amount of election expenses incurred by the said agent pursuant to section 32 (1)(b)(i) or 33 (1)(b)(i), as may be appropriate, in respect of each such candidate.

(c) The election agent of a candidate whose candidature was authenticated by a political party at the election shall include in the statement of election expenses furnished by him or her under paragraph (a) the amount of election expenses agreed in writing pursuant to section 32 (1)(b)(i) or 33 (1)(b)(i), as may be appropriate, between the candidate and such party.

(d) Each statement furnished under this subsection shall include particulars of all disputed claims, if any, and all claims, if any, received after the day referred to in section 34 .

(2) Each statement of election expenses furnished under subsection (1) shall be in the form directed by the Public Offices Commission and shall be accompanied by a statutory declaration made by the agent or person by whom the statement is furnished that, to the best of the knowledge and belief of the agent or person concerned, the statement is correct in every material respect and that the agent or person has taken all reasonable action in order to be satisfied as to the accuracy of the statement.

(3) Where, after the statement of election expenses is furnished under subsection (1), an order for payment of a claim is made by a court under section 35 the national agent, election agent or person referred to in section 31 (7), as the case may be, shall, not later than 7 days after the date of the order of the court, furnish to the Public Offices Commission a copy of the said order together with a statement of the sum payable under the order.

(4) It shall be the duty of every agent and person who is required by this section to furnish a statement of election expenses and make a declaration to make such enquiries and maintain such records as are necessary for the purpose of furnishing the statement and making the declaration.

(5) Where a candidate standing nominated at an election dies—

(a) in any of the circumstances referred to in subsection (1), (2) or (3) of section 62 of the Act of 1992, or in paragraph (1), (2) or (3) of Rule 27 of the Second Schedule to the Act of 1997, as the case may be, or

(b) after the close of poll at the election and before a statement of election expenses has been furnished to the Public Offices Commission in respect of that candidate,

the election agent of the said candidate shall, notwithstanding the death of the candidate, furnish a statement of the election expenses of the candidate in accordance with this section.

(6) This section shall apply to an agent appointed under section 28 (5)(b), subject to the proviso that the statement of election expenses to be furnished by the said agent shall be furnished to the Public Offices Commission within the 56 days next following polling day at the election or as soon as practicable after the expiration of that period.