Waterford City Management Act, 1939

Election and tenure of office of Mayor.

9.—(1) The Council shall, at their first meeting and at the quarterly meeting held next after every 22nd day of June, elect one of their members to be the Mayor.

(2) At an election of the mayor the following provisions shall apply and have effect, that is to say:—

(a) the proceedings shall begin by the candidate or candidates being proposed and seconded and no person who is not then proposed and seconded shall be eligible as a candidate;

(b) where there are more than two candidates duly proposed and seconded, a poll shall be taken;

(c) if at such poll a majority of the members of the Council present vote for any particular candidate, such candidate shall be elected to be the mayor;

(d) if at such poll no candidate receives the votes of a majority of the members of the Council present, the candidate receiving the least number of votes shall be eliminated and, subject to the provisions of the next following paragraph of this sub-section, a further poll shall be held among the remaining candidates;

(e) where there are only two candidates or where, as a result of one or more polls taken under the foregoing paragraphs of this sub-section, all the candidates except two have been eliminated, the question as to which of such two candidates shall be elected to be the mayor shall be put to the Council and whichever of such candidates receives the greater number of votes on such question shall be elected to be the mayor;

(f) if from an equality of votes given to two or more candidates any question arises under this sub-section as to which of such candidates is to be eliminated or as to which of such candidates is to be elected, such question shall be decided by lot and accordingly, in respect of every such case, the provisions of section 83 of the Municipal Corporations (Ireland) Act, 1840, relating to an equality of votes at the election of a mayor shall not apply.

(3) The Mayor shall continue in office (subject to his death, resignation or disqualification) until his successor shall have been elected at the next quarterly meeting of the Council at which a Mayor is to be elected by the Council and such successor shall have made the declaration accepting office which is required by law.

(4) Subject to the provisions of this Act, the law for the time being in force in relation to the election, tenure of office, powers, duties, privileges, and remuneration of a mayor of a county borough shall apply to the election, tenure of office, powers, duties, privileges, and remuneration of the Mayor.