Electoral Act, 1992

Nomination of candidates.

46.—(1) At a Dáil election a person may nominate himself as a candidate or may, with his consent, be nominated by another person (being a person registered as a Dáil elector in the constituency for which he proposes to nominate the candidate) as proposer.

(2) Each candidate shall be nominated by a separate nomination paper in the form prescribed by regulations made by the Minister. The form of nomination paper may include—

(a) a note of the qualifications, disqualifications and incapacities as regards election to and membership of the Dáil,

(b) a form of declaration, to be signed by the candidate or his proposer, that he has read the note referred to in paragraph (a) and believes the candidate to be eligible for election and that the candidate has consented to the nomination.

(3) Each nomination paper shall state the names (the surname being stated first) and the address and occupation (if any) of the candidate.

(4) A candidate may include in his nomination paper the name of the political party registered in the Register of Political Parties as a party organised to contest a Dáil election of which he is a candidate, provided that, at the time the nomination paper is delivered to the returning officer, a certificate in the form directed by the Minister (in this Act referred to as a “certificate of political affiliation”) authenticating the candidature is produced to the returning officer, being a certificate signed by the officer or officer[html] of such party whosename or names appear in the said Register pursuant to section 25 (4) (c). Where such a certificate is produced, the returning officer, provided he is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of the relevant political party to be specified in relation to the candidate on all the ballot papers and on notices.

(5) Where a candidate is not the candidate of a political party registered in the Register of Political Parties as a party organised to contest a Dáil election he shall be entitled to enter after his name on the nomination paper the expression “Non-Party” and, if he does so, the returning officer shall cause a statement of that expression to be specified in relation to the candidate on all the ballot papers and on notices.

(6) The returning officer shall provide nomination papers during the usual office hours, at such place or places as are named in the notice of election, on each week-day during the period beginning on the publication of that notice and ending at 12 noon on the latest date for receiving nominations and he shall supply a nomination paper or papers free of charge to any person applying therefor, but the use of a paper supplied by the returning officer pursuant to this section shall not be obligatory at a Dáil election, provided that the nomination paper used at the election is in the prescribed form.

(7) Every reference in this section to the Register of Political Parties shall be construed as a reference to the copy of that Register sent to the returning officer pursuant to section 25 (14).