Electoral Act, 1997

Provisions where polls at Dáil election and European election are taken on same day.

42.—(1) Where the polls at a Dáil election and a European election are taken on the same day, the following subsections shall have effect.

(2) In case a candidate at the European election in a European Parliament constituency is also a candidate at the Dáil election in a Dáil constituency situate within the said European Parliament constituency—

(a) the candidate shall appoint the same person as election agent under section 28 in respect of the European Parliament constituency and the Dáil constituency concerned;

(b) the aggregate of election expenses which may be incurred on behalf of the candidate at the elections shall not exceed the amount specified in an order made by the Minister under subsection (1) of section 33 in respect of election expenses of a candidate at a European election, together with three quarters of the amount specified in subsection (1)(a) of section 32 appropriate to the Dáil constituency (having regard in each case to section 3 );

(c) a single statement of the election expenses incurred by the election agent of the said candidate in relation to the European election and the Dáil election shall be furnished to the Public Offices Commission under section 36 .

(3) In case a political party authenticates the candidature of a candidate at the European election in a European Parliament constituency and also authenticates the candidature of that person as a candidate at the Dáil election in a Dáil constituency situate within the said European Parliament constituency—

(a) the party shall appoint the same person to be the national agent of the party under section 28 for both elections;

(b) the provisions of subsection (1)(b) of section 32 and subsection (1)(b) of section 33 shall apply in relation to expenditure at the said elections by the said political party in respect of the said constituencies;

(c) a single statement of the election expenses incurred by the national agent of the party in relation to both the Dáil election and the European election shall be furnished to the Public Offices Commission under section 36 .

(4) For the purposes of this section, a Dáil constituency which is not wholly situate in a European Parliament constituency shall, in relation to a candidate referred to in subsection (2) or (3), be deemed to be situate within the European Parliament constituency contested by the candidate if any part of the Dáil constituency concerned is situate within the said European Parliament constituency.