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Further Amendment of Part V of Principal Act.
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13.—Part V of the Principal Act is hereby amended by the insertion after Chapter IV of the following Chapter:—
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“CHAPTER V.
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Death or Disqualification of Candidate.
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79A. (1) Where, before the latest time for receiving nominations at a Seanad bye-election, a nominating body satisfies the Seanad returning officer that a person nominated by the body has died or become disqualified for membership of Seanad Éireann, the Seanad returning officer shall forthwith cancel such nomination and thereupon it shall be deemed never to have been made.
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(2) Where, before the latest time for receiving nominations at a Seanad bye-election, the Seanad returning officer is satisfied that a person nominated by members of the Oireachtas has died or become disqualified for membership of Seanad Éireann, the Seanad returning officer shall forthwith cancel such nomination and thereupon it shall be deemed never to have been made.
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(3) In the counting of the votes cast at a Seanad bye-election, all the preferences recorded for a candidate of whose death (whether before or after the ruling upon nomination) the Seanad returning officer is satisfied before the close of the poll shall be disregarded and regard shall be had in lieu thereof to the next available preferences.
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(4) Subject to the foregoing provisions of this section, the fact that a candidate has (whether before or after the close of the poll) died or become disqualified for membership of Seanad Éireann shall not invalidate or prejudice the nomination of the candidate or any preferences recorded for him and, if he is elected, his election shall not be invalidated by reason of his having so died or become disqualified, but he shall be deemed to have vacated his membership of Seanad Éireann immediately after his said election thereto.”
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