1. As soon as may be after making an order under section 10 the Minister shall send a copy of the order to each returning officer and to the Registrar of Political Parties.

2. The returning officer shall, not later than the F41[the forty-fifth day] (disregarding any excluded day) before the polling day, give public notice in the form directed by the Minister of the European election (in this Schedule referred to as the “notice of election”) stating—

(a) the times for receiving nominations,

(b) the requirement on candidates referred to in section 12(2) to secure 60 assents or make a deposit in accordance with section 13,

(c) the times and place at which nomination papers, replacement candidates lists and the forms of statutory declaration referred to in rule 6 may be obtained,

(d) the times and place at which the returning officer will attend to receive nominations, and

(e) the day and the period fixed for the holding of the poll if the election is contested.]

3. On the day (disregarding any excluded day) before the latest date for the publication of the notice of election, the Registrar of Political Parties shall send to each returning officer a copy of the Register of Political Parties.]

4. A person shall not be entitled to have his or her name inserted in a ballot paper as a candidate at a European election unless that person has been nominated in the manner provided by this Act and the person's nomination paper has been ruled as valid by the returning officer.]

5. (1) Each candidate shall be nominated by a separate nomination paper in the prescribed form. The form of nomination paper may include—

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

F49[(aa) a note of—

(i) the details to be entered on the nomination paper of a candidate referred to in section 12(1A) by a person assenting in accordance with section 12 to the candidate's nomination, and

(ii) the form of identification to be produced by the assentor;]

(b) a note of the provisions that apply under this Act to the nomination of a candidate referred to in section 12(2), including—

(i) the fact that a candidate referred to in section 12(2) may either follow the procedure for assenting under section 12(2)(a) and (3) or make a deposit under section 13,

(ii) the procedure for assenting under section 12(2)(a) and (3), and

(iii) the procedure for making a deposit under section 13,

F50[(c) a form of statement indicating whether the candidate is—

(i) a citizen of Ireland, or

(ii) a national of a Member State, other than the State,]

and

(d) a form of declaration, to be signed by the candidate or the candidate's proposer, that he or she has read the note referred to in paragraph (a) and believes that—

(i) the information furnished in the nomination paper is correct in all material respects, and

(ii) the candidate is eligible for election, has consented to the nomination, does not stand validly nominated in respect of any other constituency and is not a candidate at the election in any other Member State.

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

F50[(3) (a) A candidate may include in the nomination paper the name of the registered political party of which he or she is a candidate or the name of such political party together with the name of any political group or European political party noted on the Register of Political Parties in relation to that political party, 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 Schedule 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 officers of such party whose name or names appear in the said Register pursuant to F51[section 47(d) of the Electoral Reform Act 2022]. Where such a certificate is produced, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause—

(i) a statement of the name of the relevant political party and a copy of the political party’s emblem as registered in the said Register to be specified in relation to the candidate on all the ballot papers, and

(ii) a statement of the name of the relevant political party to be specified in relation to the candidate on notices.

(b) Where a candidate includes in the nomination paper a statement of the name of a political group or a European political party in addition to the name of a political party, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of such political group or such European political party in addition to the name of such party to be specified on all such ballot papers and notices.]

(4) Where a candidate is not the candidate of a registered political party, the candidate shall be entitled to enter after his or her name on the nomination paper the expression “Non-Party” and, if the candidate 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.

F50[(5) A person to whom paragraph (4) applies may include in the nomination paper the name of any—

(a) political group formed in accordance with the rules of procedure of the European Parliament, or

(b) European political party established in accordance with Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014³ on the statute and funding of European political parties and European political foundations,

of which he or she is a member, provided that, at the time the nomination paper is delivered to the returning officer, a certificate (in this Schedule referred to as a “certificate of European political affiliation”) is also produced to the returning officer, being a certificate signed by a member of the Secretariat of the relevant political group or European political party that the person in question is a member of the political group or European political party named in the certificate. Where such a certificate is produced, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of such political group or such European political party, in addition, where appropriate, to the expression “Non-party”, to be specified in relation to the candidate on all the ballot papers and on notices.]

(6) Every reference in this rule 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 rule 3.]

F52[6. (1) Where a person named as a candidate on a nomination paper is a national of a Member State, other than the State F53[…], there shall be delivered to the returning officer at the time of delivery of the nomination paper a statutory declaration in the prescribed form made by the candidate stating—

(a) the Member State of which the person is a national,

(b) the person’s date and place of birth,

(c) the person’s last address in the person’s home Member State,

(d) the address in the State at which the person is ordinarily resident,

(e) where applicable, the locality or constituency in the person’s home Member State on the electoral roll of which the person’s name was last entered,

(f) that the person is not a candidate at the election in any other Member State, and

(g) that the person does not stand deprived of the right to stand as a candidate under the law of the person’s home Member State as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies.

(2) The returning officer, immediately after ruling on the validity of the nomination paper in accordance with paragraph (1) of rule 13, shall, in the case of each valid nomination paper, forward to the Minister a copy of the statutory declaration delivered in connection with the nomination paper, and the Minister shall, as soon as may be—

(a) transmit a copy of the statutory declaration to the competent administrative authority of the home Member State of the person who made the statutory declaration, and

(b) request information from that competent administrative authority verifying whether or not that person stands deprived of the right to stand as a candidate under the law of that person’s home Member State as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies, and the Minister may ask for such information to be provided within a specified period of time.

(3) The Minister shall, as soon as may be after receiving the information requested in paragraph (2)(b), notify the returning officer as to whether the person stands deprived of the right to stand as a candidate under the law of that person’s home Member State as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies.

(4) If, at or before the time specified in paragraph (1) of rule 15 as the latest time for the withdrawal of candidature, the returning officer is notified under paragraph (3) that a person stands deprived of the right to stand as a candidate, the candidature of the person shall be deemed to have been withdrawn.]

7. (1) The Minister shall, as soon as practicable after receipt, forward to each returning officer a copy of every statutory declaration received from the competent administrative authority of another Member State made by a citizen of Ireland who is a candidate at the election in that Member State.

(2) Each returning officer shall, during the period ending on the seventh day next after the results of the election have been declared, keep available for public inspection during the usual office hours at the office of the returning officer the copy of every statutory declaration which has been transmitted to the returning officer by the Minister in accordance with paragraph (1).

8. F54[…]

9. F55[…]

F56[10. (1) The earliest time for receiving nominations shall be 10 a.m. on the day (disregarding any excluded day) after the latest date for the publication of the notice of election.

(2) Where a person named as a candidate on a nomination paper is a national of a Member State, other than the State F57[…], the latest time for receiving a nomination for that person shall be 12 noon on the seventh day (disregarding any excluded day) after the latest date for the publication of the notice of election.

(3) Where a person named as a candidate on a nomination paper is a citizen of Ireland F57[…], the latest time for receiving a nomination for that person shall be 12 noon on the fourteenth day (disregarding any excluded day) after the latest date for the publication of the notice of election.]

11. (1) Every nomination paper shall be delivered to the returning officer within the times specified in rule 10 , by the candidate or the proposer of the candidate.

(2) The delivery of the nomination paper shall be made by the candidate in person except that, where the candidate is proposed by another person, it may be made either as aforesaid or by the proposer in person.

F58[(3) The returning officer shall attend to receive nominations at the place specified in that behalf in the notice of election between the hours of 10 a.m. and 12 noon and between the hours of 2 p.m. and 5 p.m. on the day (disregarding any excluded day) before each of the latest dates for receiving nominations specified in rule 10 and between the hours of 10 a.m. and 12 noon on each of the said latest dates.]

12. The returning officer shall number the nomination papers in the order in which they are received; and the first valid nomination paper nominating a candidate for election shall be deemed to be the nomination of that candidate.

13.— (1) (a) The returning officer shall rule on the validity of each nomination paper within one hour after its delivery to him or her and, subject to paragraph (d), may rule that it is invalid if, but only if, he or she considers that the paper is not properly made out or signed.

(b) Without prejudice to paragraphs (a) and (d), the returning officer may also rule that the nomination paper of a candidate referred to in section 12(2)(a) is invalid if he or she considers that the provisions of section 12(2)(a) and (3) have not been complied with.

(c) The returning officer shall not rule that a nomination paper is invalid because an assentor has assented to the nomination of more than one candidate at the same European election.

F60[(d) The returning officer shall rule invalid any nomination paper relating to a person referred to in rule 6(1) which is not accompanied by the statutory declaration referred to in that rule or where it appears to the returning officer that the said declaration does not conform with the said rule 6(1).]

(2) The candidate nominated by each nomination paper and the candidate's proposer, if any, and one other person designated by the candidate or proposer, as the case may be, and no other person, except with the permission of the returning officer, shall be entitled to attend while the said nomination paper is being ruled upon by the returning officer.

(3) The returning officer shall object to the name of a candidate in a nomination paper if such name—

(a) is not a name by which the candidate is commonly known,

(b) is misleading and likely to cause confusion,

(c) is unduly long, or

(d) contains a political reference,

and where the returning officer so objects, he or she shall allow the candidate or proposer, as may be appropriate, to amend the name and, if it is not so amended to the returning officer's satisfaction, the returning officer may amend it, as he or she thinks fit, after consultation with the candidate or proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.

(4) The returning officer shall object to the description of a candidate in a nomination paper which is, in the opinion of the returning officer, incorrect, insufficient to identify the candidate or unnecessarily long or which contains a political reference other than, where appropriate, a reference to a public or elected office held, or formerly held, by the candidate or an entry made pursuant to paragraph (3), (4) or (5) of rule 5. Where a returning officer so objects, he or she shall allow the candidate or proposer, as may be appropriate, to amend the description and, if it is not so amended to the returning officer's satisfaction, the returning officer may amend or delete it, as he or she thinks fit, after consultation with the candidate or proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.

(5) Having ruled on the validity of a nomination paper, the returning officer shall put a note of the decision on the nomination paper and shall sign the note. If the returning officer rules that the paper is invalid, the officer shall include a statement of the reasons for the decision. The decision of the returning officer under this rule shall be final subject only to reversal on a petition questioning the election.

(6) As soon as practicable after ruling on the validity of a nomination paper, the returning officer shall give, by post or otherwise, notice in writing of the ruling to the candidate.

(7) Every person in respect of whom a nomination paper has, under this rule, been determined to be valid and whose candidature is not withdrawn in accordance with rule 15 or is not deemed under F60[section 13(2), rule 6(4) or rule 27(1)] to have been withdrawn shall stand validly nominated as a candidate.]

14. The returning officer shall, as soon as practicable after ruling that a nomination paper is valid, cause a notice to be displayed outside the place at which the officer is receiving nominations stating the name and description of the person nominated in the paper and the name and address of the person’s proposer, if any.

15. (1) A candidate may withdraw his or her candidature by a notice of withdrawal signed by the candidate and delivered in person by the candidate or by the candidate’ s proposer to the returning officer not later than the hour of 12 noon on the day (disregarding any excluded day) next following the F61[latest date for receiving nominations specified in rule 10(3)].

(2) Where the returning officer is satisfied that a candidate wishes to withdraw his or her candidature and that the candidate and proposer are unable to attend, the withdrawal may be effected by delivering to the returning officer, not later than the said hour, a notice of withdrawal signed by the candidate and by the person delivering the notice.

16. The returning officer shall, immediately on the delivery of a notice of withdrawal under rule 15, give public notice of the withdrawal (and, in the case of the withdrawal of a candidate who was nominated by another person as proposer, of the name of the other person).

17. The following provisions shall apply in relation to the nomination of replacement candidates at a European election —

(a) the number of replacement candidates to be so nominated shall not —

(i) in the case of replacement candidates so nominated by a registered political party, exceed by more than F62[six] the number of candidates of that party standing validly nominated at the latest time for withdrawal of candidature under rule 15, and

(ii) in the case of replacement candidates so nominated by a non-party candidate, exceed F62[four],

(b) a person shall not be nominated as a replacement candidate unless that person is eligible under this Act for election to the Parliament,

(c) the replacement candidates so nominated as regards a particular constituency shall be nominated by each of their names being entered on a list (in this Act referred to as the “replacement candidates list”) and in nominating replacement candidates as regards a particular constituency, the registered political party or, as may be appropriate, the non-party candidate concerned, shall, subject to rule 19(4)(a), use a single such list.

18. (1) A replacement candidates list shall be in the prescribed form and may, if the Minister so thinks proper, include —

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

F63[(b) a form of statement indicating whether a person nominated by entry thereon as a replacement candidate is —

(i) a citizen of Ireland, or

(ii) a national of a Member State other than the State,

and]

(c) a form of declaration, to be signed by the appropriate person that he or she has read the note referred to in paragraph (a) and believes that —

(i) the information furnished in the replacement candidates list is correct in all material respects, and

(ii) as regards the replacement candidates nominated by entry on such list, each of them is eligible for nomination under this Act as a replacement candidate and has consented to such nomination and none of them stands validly nominated as a replacement candidate as regards any other constituency or is a candidate at the election in any other Member State.

(2) In paragraph (1)(c) “ appropriate person ” means —

(a) in case the replacement candidates list is signed by an officer referred to in paragraph (3)(a) , the officer or, as may be appropriate, the officers signing the list, and

(b) in case the list is signed by a person who is a non-party candidate at the relevant election, that person.

(3) A replacement candidates list shall be signed by —

(a) in case the list contains the names of one or more replacement candidates nominated by a registered political party, the officer or, as may be appropriate, the officers of such party whose name or names are entered in the Register of Political Parties pursuant to F64[section 25(7)(d)] of the Act of 1992,

(b) in case the list contains the names of one or more replacement candidates nominated by a person who is a non-party candidate at the election, that person.

(4) As regards a replacement candidates list the surname of any person nominated by entry thereon as a replacement candidate shall be placed before that person ’ s other name or names and the list shall also contain his or her address.

(5) Where a registered political party or a non-party candidate at a European election nominates more than one replacement candidate, the order in which the replacement candidates are nominated shall be determined by that party or, as may be appropriate, that candidate, and the names of such replacement candidates shall be listed on the relevant replacement candidates list in that order and, in applying any provision of this Act, in relation to the list, the names on the list shall be listed or given in the order in which they have been so determined and listed or, as may be appropriate, regard shall be had to that order.

(6) As may be appropriate, a replacement candidates list shall be headed by —

(a) where the list is signed by an officer or officers referred to in paragraph (3)(a) , the name together with (if the officer or officers by whom the list is signed so wish) the initials or other abbreviation (if any) by which the party concerned is known, or

(b) in case the list is signed by a non-party candidate at the election, the name of that candidate (the surname being stated first).

(7) (a) Where a replacement candidates list is presented to the returning officer, the returning officer shall assign to the list one or more letters for the purpose of identifying it and, when such letter or letters is or are so assigned, the replacement candidates list to which it or they relate may (unless it is withdrawn, deemed under this Act to have been withdrawn or ruled by the returning officer as being invalid) be referred to on any ballot paper, notice or other document by reference to such letter or letters.

(b) An assignment by the returning officer under this paragraph shall not form a ground on which a European election may be questioned.

19. (1) Each replacement candidates list shall be delivered to the returning officer within the times specified for receiving nominations F65[that apply, under rule 10, to the candidate to whom the replacement candidates list relates and] such delivery shall be made by —

(a) in case the list is signed by an officer referred to in rule 18(3)(a) , the officer or, as may be appropriate, any of the officers, by whom the list was signed or any person who is as regards the European election in the constituency concerned a candidate of the party to which the list relates,

(b) in case the list is signed by a person who is a non-party candidate at such election, that person or the person ’ s proposer.

F65[(2) Where a person nominated as a replacement candidate on a replacement candidates list is a national of a Member State, other than the State F66[…], and a statutory declaration in conformity with rule 6(1) in respect of the person concerned has not been delivered to the returning officer for the constituency concerned pursuant to the said rule 6(1), there shall be delivered to the returning officer at the time of delivery of the replacement candidates list a statutory declaration in the prescribed form made by the person stating—

(a) the Member State of which the person is a national,

(b) the person’s date and place of birth,

(c) the person’s last address in the person’s home Member State,

(d) the address in the State at which the person is ordinarily resident,

(e) where applicable, the locality or constituency in the person’s home Member State on the electoral roll of which the person’s name was last entered,

(f) that the person is not a candidate at the election in any other Member State, and

(g) that the person does not stand deprived of the right to stand as a candidate under the law of the person’s home Member State as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies.]

(3) (a) Where the returning officer is of opinion that a replacement candidates list is not properly made out or signed and the list is not amended to his or her satisfaction, the returning officer shall rule it as being invalid.

(b) A decision under this paragraph shall be final.

(c) As soon as may be after the receipt by the returning officer at a European election of a replacement candidates list which he or she does not rule as being invalid the returning officer shall —

(i) cause to be displayed outside the place at which the officer is receiving nominations a notice referring to the list and stating the names and addresses of the replacement candidates nominated by entry thereon and in the order in which they appear on the list,

(ii) give, by post or otherwise, notice in writing of such receipt to the person or persons by whom the list was signed, and to each replacement candidate nominated by entry thereon and a notice given pursuant to this subparagraph to a replacement candidate shall refer to the relevant replacement candidates list and contain the names of the replacement candidates nominated by entry, and in the order in which they appear, thereon.

(d) As soon as may be after the time specified in rule 15(1) as the latest time for the withdrawal of candidature, the returning officer shall examine the replacement candidates lists (if any), and —

(i) where the number of replacement candidates included in any such list exceeds the maximum number permitted by rule 17(a), the returning officer shall delete from the list the number of names equal to the excess commencing with the name which stands at the bottom of the list and if need be thereafter working up that list,

(ii) where, in relation to a person referred to in paragraph (2), the relevant F65[statutory declaration referred to in that paragraph and conforming thereto is not] delivered to the returning officer in accordance with that paragraph, the returning officer shall delete the name of the person concerned from the replacement candidates list,

(iii) in case the returning officer deletes a name from a replacement candidates list the returning officer shall, as soon as may be, give, by post or otherwise, to the person whose name has been deleted and to the person or, as may be appropriate, each of the persons, by whom the list was signed, notice in writing of the deletion and of the reason therefor.

(4) (a) A replacement candidates list may be withdrawn by notice in writing signed by—

(i) in case the list is a replacement candidates list referred to in paragraph (3)(a) of rule 18, the person who is or, as may be appropriate, the persons who are for the time being the officer or officers referred to in that paragraph, or

(ii) in case the list is a replacement candidates list referred to in paragraph (3)(b) of rule 18, the non-party candidate by whom it was signed,

and delivered to the returning officer not later than F65[the latest time for receiving nominations specified in rule 10(3)].

(b) A notice referred to in subparagraph (a) may be delivered to the returning officer by being given to him or her by —

(i) in case the notice relates to a replacement candidates list referred to in rule 18(3)(a) —

(I) the officer or, as may be appropriate, any of the officers, by whom it was signed, or

(II) any person who is as regards the European election in the constituency concerned a candidate of the party to which the list relates,

(ii) in case the notice relates to a replacement candidates list referred to in rule 18(3)(b), the non-party candidate by whom the list was signed or the proposer of that candidate.

(c) The returning officer shall, immediately on the delivery to him or her of a notice referred to in subparagraph (a), give public notice of the withdrawal concerned.

(5) Where a replacement candidates list is presented at a European election and—

(a) in case such list was presented by a registered political party, at the latest time for withdrawal of candidature under rule 15 no candidate of that party stands nominated, or

(b) in case such list was presented by a non-party candidate and the candidature of that candidate is, or pursuant to either F65[section 13, rule 6(4) or rule 27(1)] is deemed to have been, withdrawn,

the replacement candidates list shall be deemed to have been withdrawn.

(6) Nothing done by a returning officer in exercising the power conferred on such officer by paragraph (3)(d) shall form a ground on which a European election may be questioned.

(7) As soon as may be after the notice of poll is published in a constituency pursuant to rule 49, the returning officer concerned shall deliver to the Clerk of the Dáil the replacement candidates lists duly presented at that election in respect of the constituency (being lists of which public notice was given pursuant to the said rule 49).

(8) The Clerk of the Dáil shall retain possession of each replacement candidates list delivered to him or her pursuant to paragraph (7) and each such list shall, unless the contrary is shown, be evidence of the matters stated therein.

F65[(9) The returning officer shall, immediately after a statutory declaration referred to in paragraph (2) is delivered to him or her, forward to the Minister a copy of the declaration and the Minister shall, as soon as may be—

(a) transmit a copy of the statutory declaration to the competent administrative authority of the home Member State of the person who made the statutory declaration, and

(b) request information from that competent administrative authority verifying whether or not that person stands deprived of the right to stand as a candidate under the law of that person’s home Member State as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies, and the Minister may ask for such information to be provided within a specified period of time.]

F67[(10) The Minister shall, as soon as may be after receiving the information requested in paragraph (9)(b), notify the returning officer as to whether the person stands deprived of the right to stand as a candidate under the law of that person’s home Member State as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies.

(11) If, at or before the time specified in paragraph (1) of rule 15 as the latest time for the withdrawal of candidature, the returning officer is notified under paragraph (10) that a person stands deprived of the right to stand as a candidate, the returning officer shall delete the name of the person concerned from the replacement candidates list.]

20. At a European election the returning officer shall, during the usual office hours and 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 F68[the latest time for receiving nominations specified in rule 10(3)], provide —

(a) the form of nomination paper,

(b) forms for use as replacement candidates lists, and

(c) forms of statutory declaration referred to in rules 6 and 19(2) ,

and the returning officer shall supply such a paper or forms free of charge to any person applying therefor, but the use at an election of a paper or form supplied by the returning officer pursuant to this rule shall not be obligatory: provided that the document so used is in the form prescribed under rule 5, 6, 18 or 19(2) as may be appropriate.

21. (1) If the proceedings for or in connection with the nomination of candidates or replacement candidates are obstructed by violence the returning officer may adjourn the proceedings to a later hour on the same day or to the next following day (disregarding any excluded day) and, if the returning officer so considers it necessary, he or she may further adjourn the proceedings until such obstruction shall have ceased.

(2) Where any proceedings for or in connection with such nomination are adjourned under this rule the returning officer shall so inform the Minister who may, by order, postpone the latest date for receiving nominations in the constituency for a period equal to the period of such adjournment and appoint the day for the taking of the poll in that constituency. In case the Minister appoints a day under this rule the poll shall be taken in the constituency concerned on the day so appointed and the order under section 10 shall, in so far as it relates to the constituency, be construed and have effect as if the day appointed under this rule were the day specified in the said order for taking the poll.

22. (1) Subject to paragraph (3) , each candidate at a European election shall, subject to F69[section 61 of the Communications Regulation (Postal Services) Act 2011], be entitled to send, free of any charge for postage, to each F70[household in the constituency], one postal communication containing matter relating to the election only and not exceeding 50 grammes in weight.

(2) A candidate shall not be entitled to exercise the right of free postage conferred by this rule before he or she is validly nominated, unless he or she has given such security as may be required by F69[the relevant postal service provider] for the payment of the postage on all communications sent by the candidate under this rule in case he or she does not eventually become nominated.

(3) Where in a constituency two or more candidates at a European election are candidates of the same political party then for the purposes of this rule those candidates shall be regarded as a single candidate.

(4) The Minister may, after consultation with the Minister for Transport, Energy and Communications and such other persons as the Minister considers appropriate, by order amend the provisions of this rule.

(5) (a) The Minister may amend or revoke an order under this rule (including an order under this paragraph).

(b) Where an order under this rule (including an order under this paragraph) is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

23. (1) If at 12 noon on the day (disregarding any excluded day) next following the F71[latest date for receiving nominations specified in rule 10(3)] —

(a) the number of candidates standing nominated exceeds the number of representatives to be elected, the returning officer shall adjourn the European election and shall take a poll in accordance with this Act, or

(b) the number of candidates standing nominated is equal to or less than the number of representatives to be elected, the returning officer shall forthwith declare the candidates standing nominated to be elected, make a return to the F72[chief returning officer] in accordance with rule 92(2) and give public notice in accordance with rule 92(3).

(2) Where, at the time specified in paragraph (1), the number of candidates standing nominated in a constituency is less than the number of representatives to be elected, a fresh election shall be held in the constituency in accordance with the provisions of this Act to fill the vacancy or vacancies in the Parliament arising from the deficiency in the number of candidates standing nominated and the poll at the fresh election shall be taken on such day, being a day within the period of six months beginning on the day appointed by the order under section 10 for the taking of the poll at the original election, as the Minister by order directs.

24. (1) A candidate may appoint in relation to the constituency —

(a) F73[…]

(b) one local agent for each county or county borough contained in the constituency to assist the candidate in such county or county borough and to act as deputy in such county or county borough for the election agent of the candidate.

(2) A candidate or the election agent or the local agent of the candidate may appoint with respect to any polling district in the constituency one deputy local agent to assist the candidate in the polling district and to act therein as deputy for the candidate ’ s election agent and local agent.

(3) An appointment under this rule may be revoked by —

(a) in case the appointment is made under paragraph (1), the candidate,

(b) in case the appointment is otherwise made under this rule, the candidate or the election agent or the local agent of the candidate.

(4) Where an appointment under this rule is revoked or an agent appointed under this rule dies, resigns or becomes incapable of acting during a European election, another agent may be appointed under this rule to replace him or her.

F74[(5) The name and address of every agent appointed under this Rule (whether originally or substitutionally) shall immediately after the appointment be communicated by the person by whom the appointment was made to the local returning officer.]

25. (1) Each candidate, the election agent or the local agent of the candidate for the county or county borough concerned may appoint agents to be present on the candidate’s behalf —

(a) at the issue of ballot papers to postal voters,

(b) in polling stations,

(c) at the opening of the postal voter ballot boxes, and

(d) at the opening of the ballot boxes and the verification of the ballot paper accounts.

(2) Each candidate or the election agent of the candidate may appoint agents to be present on the candidate’s behalf at the counting of the votes.

(3) Subject to paragraph (4), the number of agents who may be appointed to be present on behalf of any candidate shall be fixed —

(a) in the case of agents appointed to be present at the counting of the votes, by the returning officer,

(b) in the case of any other agents appointed under this rule, by the local returning officer,

so, however, that the same number shall be allowed on behalf of each candidate.

(4) Each candidate, the election agent of the candidate or the local agent of the candidate for the county or county borough concerned may appoint one person (in this Schedule referred to as a “personation agent” ) to be present as the candidate's agent in each polling station for the purpose of assisting in the detection of personation and such appointment shall be in writing and shall be produced to the presiding officer for the polling station concerned.

(5) An appointment under this rule may be revoked by —

(a)in case the appointment is made pursuant to paragraph (2), the candidate or the election agent of the candidate,

(b) in case the appointment is otherwise made under this rule, the candidate, the election agent of the candidate or the local agent of the candidate for the county or county borough concerned.

(6) A candidate, the election agent or the local agent of the candidate shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notice to the local returning officer of the name and address of every agent appointed by the candidate or the election agent or the local agent of the candidate to be present at the said issue and the local returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address have not been so notified to the said local returning officer.

(7) A candidate or the election agent or the local agent of the candidate shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer of the name and address of every personation agent appointed by the candidate or the election agent or the local agent of the candidate together with the name of the polling station for which the personation agent is appointed. A personation agent appointed in accordance with this rule and whose name and address have been duly notified to the local returning officer shall be entitled to be present in the polling station referred to in the notification during the period commencing 30 minutes before the time fixed by the Minister for the commencement of the poll and ending when the ballot boxes have been sealed by the presiding officer as provided by rule 71(2) and the documents and materials specified in that section have been placed in sealed packets.

(8) A candidate or the election agent or the local agent of the candidate shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer of the name and address of every agent appointed by the candidate or the election agent or the local agent of the candidate to be present at the opening of the postal voter ballot boxes and the local returning officer may refuse to admit to the place where the postal voter ballot boxes are to be opened any agent whose name and address have not been so notified to the local returning officer.

(9) A candidate or the election agent or the local agent of the candidate shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer of the name and address of every agent appointed by the candidate or the election agent or the local agent of the candidate to be present at the opening of the ballot boxes and the verification of ballot paper accounts and the local returning officer may refuse to admit to the place where the ballot boxes are to be opened any agent whose name and address have not been so notified to the local returning officer.

(10) A candidate or the election agent of the candidate shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every agent appointed by the candidate or the election agent of the candidate to be present at the counting of the votes and the returning officer may refuse to admit to the place where the votes are to be counted any agent whose name and address have not been so notified to the returning officer.

(11) Where the appointment of an agent under this rule is revoked or an agent appointed under this rule dies, resigns or becomes incapable of acting during a European election, another agent may be appointed under this rule in place of the first-mentioned agent and, where such an appointment is made, the person making the appointment shall forthwith give written notice of the name and address of the agent appointed to —

(a) in case the appointment is an appointment referred to in paragraph (2), the returning officer,

(b) in every other case the local returning officer.

(12) A candidate may lawfully do or assist in the doing of any thing which may lawfully be done on the candidate’s behalf by an agent appointed under this rule or rule 24 and may be present (in addition to, or in substitution for, any such agent) at any place at which any such agent may, pursuant to this Schedule, be present.

(13) Any thing required by this Schedule to be done in the presence of an agent of a candidate shall not be invalidated by reason of the agent not being present at the time and place appointed for doing such thing.

26. (1) A returning officer, a local returning officer or any person employed by any such officer for any purpose relating to a European election shall not act as an agent for a candidate at that election and shall not be associated in furthering the candidature of a candidate or promoting the interests of a political party at the election.

(2) A returning officer or a local returning officer shall not employ in any capacity for the purposes of a European election a person who has been employed by or on behalf of a candidate in or about the election or has been associated in furthering the candidature of a candidate or promoting the interests of a political party at the election.

27. (1) Where, not less than forty eight hours before the F75[latest time for receiving nominations specified in rule 10(3)], the returning officer becomes satisfied that a candidate standing nominated has died, the returning officer shall immediately give public notice to that effect and the candidature of the candidate shall be deemed to have been withdrawn.

(2) Where, at any time during the period beginning forty eight hours F75[before the latest time for receiving nominations specified in rule 10(3)] and ending on the commencement of the poll, the returning officer becomes satisfied that a candidate standing nominated for election has died, the following provisions shall have effect in relation to the European election —

(a) the returning officer shall forthwith notify the Minister and the F76[chief returning officer] of the death of the candidate and at the same time, if notice of the poll has been given, the returning officer shall countermand the poll,

(b) the returning officer shall forthwith give public notice that all acts done in connection with the election (other than the nomination of the surviving candidates) are void and that a fresh election will be held,

(c) all the proceedings for the election shall be commenced afresh, but a fresh nomination or consent shall not be necessary in respect of any candidate who stood nominated at the time when notification of the death of the candidate was sent to the Minister,

(d) at the fresh election the earliest time for receiving nominations shall be 10 a.m. on the day (disregarding any excluded day) next following the date of the publication of the notice under subparagraph (b) in relation to the fresh election and the latest time for receiving nominations shall be 12 noon on the third day (disregarding any excluded day) next following the said date,

(e) the polling day at the fresh election shall be fixed by the Minister,

(f) rule 3 shall not apply in relation to the fresh election and references to the Register of Political Parties contained in rule 5 shall, in relation to the fresh election, be construed as references to the copy of that Register sent to the returning officer in relation to the original election.

(3) Where, at any time after the commencement of the poll in a constituency and before the close of such poll, the returning officer becomes satisfied that a candidate has died —

(a) all votes cast at the European election in the constituency shall be disregarded and the ballot papers destroyed by the returning officer,

(b) the provisions of subparagraphs (a) to (f) of paragraph (2) shall apply.

(4) Where a candidate at a European election dies in circumstances other than those referred to in paragraph (1), (2) or (3) the following provisions shall apply:

(a) the death of the candidate shall not invalidate the candidate’s nomination or any preference recorded for him or her, and

(b) if the candidate is elected —

(i) such election shall not be invalidated by reason of the candidate’s death and he or she shall be deemed to have been elected as a representative to the Parliament by virtue of this Act and to have resigned office immediately after having so become such a representative, and

(ii) section 19 shall apply as regards the resultant vacancy in the Parliament.

(5) Where a poll is countermanded under this rule, all ballot papers issued to postal voters and special voters shall be disregarded and the local returning officer shall destroy, without opening, all ballot papers received for inclusion in the countermanded poll.

28. The local returning officer for a county or county borough situate in a constituency shall, as soon as practicable after the adjournment of a European election for the purpose of taking a poll, send by post to each European elector whose name is on the postal voters list for that county or county borough a ballot paper and form of receipt in the form directed by the Minister, and if the ballot paper duly marked by the said elector and accompanied by the said receipt duly signed by the elector is received by the local returning officer before the close of the poll, it shall be treated in the same manner as a ballot paper placed in a ballot box in the ordinary way at the taking of the poll.

29. (1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors at a European election whose names are entered in the postal voters list pursuant to section 14 (c) of the Act of 1992 subject to the following modifications—

(a) an elector whose name is so entered in the postal voters list, in order to cast his or her vote, shall, in the presence of an authorised person and no other person, do the following things in the following order—

(i) produce to the authorised person the envelope addressed to the elector pursuant to rule 32(3), the ballot paper (in relation to which the authorised person shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister;

(ii) complete and sign the said declaration of identity;

(iii) hand the declaration of identity to the authorised person who shall, on being satisfied as to the identity of the person who has signed the declaration of identity, witness the signature;

(iv) mark, in secret, the ballot paper;

(v) place the marked ballot paper in the ballot paper envelope and effectually seal such envelope;

(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

and shall send the last-mentioned envelope by post to the local returning officer;

(b) a reference to “receipt”, in relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”; and

(c) a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed”.

(2) In this rule —

“authorised person” means a person appointed by the Secretary of the Department of Foreign Affairs to be an authorised person for the purposes of this rule;

“ballot paper envelope” and “covering envelope” have the meanings specified in rule 32(3).

29A. (1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to section 63 of the Electoral Act, 1997, subject to the following modifications:

(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in a Garda Síochána station in the presence of a member of the Garda Síochána do the following things in the following order—

(i) produce to the member of the Garda Síochána the envelope addressed to the elector pursuant to Rule 32(3), the ballot paper (in relation to which the member of the Garda Síochána shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister;

(ii) complete and sign the said declaration of identity;

(iii) hand the declaration of identity to the member of the Garda Síochána who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the Garda Síochána station and destroy the envelope addressed to the elector;

(iv) mark, in secret, the ballot paper;

(v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope; (vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope; and shall send the last-mentioned envelope by post to the local returning officer;

(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope; and shall send the last-mentioned envelope by post to the local returning officer;

(b) a reference to “receipt”, in relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”; and

(c) a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed and stamped with the stamp of the Garda Síochána station”.

(2) In this Rule “ballot paper envelope” and “covering envelope” shall have the meanings specified in Rule 32(3).]

29B. (1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to the Electoral (Amendment) Act 2006, subject to the following modifications:

(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in the presence of the relevant official of the prison in which he or she is detained do the following things in the following order:

(i) produce to the relevant official the envelope addressed to the elector pursuant to Rule 32(3), the ballot paper (in relation to which the relevant official shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister;

(ii) complete and sign the declaration of identity;

(iii) hand the declaration of identity to the relevant official who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the prison and destroy the envelope addressed to the elector;

(iv) mark, in secret, the ballot paper;

(v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope;

(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

and shall hand the last-mentioned envelope to the relevant official who shall send it or cause it to be sent by post to the local returning officer;

(b) a reference to “receipt”, in relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”;

(c) a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed and stamped with the stamp of the prison”; and

(d) a reference to “sign”, in relation to an elector who is unable to write, shall be construed as a reference to the making by the elector of his or her mark.

(2) In this Rule—

“ballot paper envelope” has the meaning specified in Rule 32(3);

“covering envelope” has the meaning specified in Rule 32(3);

“relevant official” has the meaning specified in section 1 of the Electoral (Amendment) Act 2006.]

30. (1) The ballot paper to be sent to postal voters shall be in the same form as, and indistinguishable from, the ballot papers delivered to other electors.

(2) The receipt sent with the ballot paper to postal voters shall be in the form directed by the Minister and shall have printed thereon the instructions to the voter and a statement of the offences and penalties relating to postal voting contained in Part XIV.

31. The local returning officer, the local returning officer’s assistants and clerks, members of the on duty, the agents of the candidates appointed for this purpose under rule 25, and no other person, except with the permission of the local returning officer, may be present at the proceedings on the issue of postal ballot papers and on the opening of the postal voters ballot boxes and the envelopes contained therein.

32. (1) The local returning officer shall give each candidate at a European election at least twenty-four hours notice in writing of the time and place at which, if the election is contested, the officer will issue ballot papers to postal voters and of the number of persons each candidate may appoint to attend such issue and, where any subsequent issue of ballot papers is made, the local returning officer shall give each candidate, as soon as practicable, notice of the time and place at which the said officer will make such subsequent issue and of the number of persons each candidate may appoint to attend such issue.

(2) Each ballot paper issued shall be marked with the official mark which shall be embossed or perforated so as to be visible on both sides of the paper and the number (including polling district letter) and name of the elector as stated in the postal voters list shall be called out, and a mark shall be placed in a copy of the postal voters list opposite the number of the elector to denote that a ballot paper has been issued to the elector, but without showing the number of the ballot paper so issued.

(3) The local returning officer shall place in an envelope addressed to the postal voter—

(a) the ballot paper,

(b) the form of receipt,

(c) an envelope (in this Schedule referred to as a “covering envelope”) addressed to the local returning officer, and

(d) a smaller envelope, marked “ballot paper envelope”,

and shall effectually seal the first-mentioned envelope.

(4) All envelopes addressed to the postal voters shall be counted and forthwith delivered by the local returning officer to the nearest head post office or such other post office as may be arranged with the head postmaster; and the postmaster shall stamp with the date stamp of An Post a receipt, to be presented to the postmaster by the local returning officer, stating the number of envelopes so delivered and shall immediately forward such envelopes for delivery to the persons to whom they are addressed.

(5) Where an envelope containing a ballot paper and other documents referred to in this rule is, before polling day, returned to the local returning officer as not having been delivered to a postal voter, the local returning officer may re-address the envelope and send it by post to that voter.

33. (1) The local returning officer shall provide a ballot box or ballot boxes for the reception of the covering envelopes when returned by the postal voters.

(2) Every such ballot box shall, at the time of the issue of the ballot papers to postal voters, be shown open and empty to the agents present, and shall be sealed with the seal of the local returning officer and the seals of such of the agents as desire to affix their seals, and shall be marked “Postal Voters Ballot Box” (by which name such ballot box is in this Schedule subsequently referred to), and with the name of the constituency and the county or county borough and the local returning officer shall make provision for the safe custody of such ballot box.

34. The local returning officer shall, immediately on the receipt of covering envelopes, place them unopened in the postal voters ballot box.

35. If the local returning officer receives, before the close of the poll, an envelope other than a covering envelope and finds therein any document which it would have been appropriate to send to the officer in a covering envelope, the local returning officer shall —

(a) securely seal the envelope;

(b) endorse thereon, and sign, a statement that the envelope has been sealed with the contents intact;

(c) place the closed envelope in a postal voters ballot box;

(d) thereafter treat the envelope as a covering envelope;

and any reference in this Part to a covering envelope shall be construed as including a reference to an envelope which has been dealt with by the local returning officer in accordance with this rule.

36. (1) The postal voters ballot boxes shall be opened before the time appointed by the local returning officer under rule 73 for the opening of ballot boxes and verification of ballot paper accounts.

(2) Not less than four days before the polling day, the local returning officer shall give each candidate notice in writing of the time and place at which the said officer will proceed to open the postal voters ballot boxes, and the envelopes contained therein, and of the number of agents each candidate may appoint to attend at the opening. The local returning officer shall give the said agents reasonable facilities for overseeing the proceedings at the opening of the boxes and all information with respect thereto which the local returning officer can give them consistent with the orderly conduct of the proceedings and the performance of the officer’s functions.

(3) When a postal voters ballot box has been opened, the local returning officer shall extract the covering envelopes therefrom and count and note the number of envelopes so extracted and shall then open each covering envelope separately and examine the receipt.

(4) Where the receipt is found to be duly signed, the local returning officer shall place the receipt and the ballot paper envelope in separate receptacles or, if the ballot paper is not contained in a ballot paper envelope, the local returning officer shall place the receipt in the appropriate receptacle and shall place the ballot paper, without unfolding it, in a ballot box in accordance with rule 38.

(5) If the local returning officer is not satisfied that the receipt has been duly signed, he or she shall endorse the receipt “rejected” and shall attach thereto the ballot paper envelope, without opening such envelope, or, if there is no such envelope, the ballot paper.

(6) Where a receipt does not appear to accompany the ballot paper envelope, the local returning officer shall open the envelope, and if it is found to contain the receipt, shall deal with such receipt and ballot paper in accordance with this Part.

(7) Any receipt not accompanied by a ballot paper, and any ballot paper not accompanied by a receipt, shall be marked "Rejected".

(8) Where a ballot paper and receipt are received together, the ballot paper shall not be rejected solely on the ground that the ballot paper and receipt were, or either of them was, not placed in the proper envelopes or that any such envelope was not sealed.

37. (1) The local returning officer shall on a request being made by the agent of a candidate show to the agent any receipt which the officer is rejecting on the ground that it has not been properly signed.

(2) The local returning officer shall keep all rejected receipts with the attached envelopes or ballot papers, as the case may be, separate from other documents.

38. When the covering envelopes in any postal voters ballot box have been opened and their contents dealt with under the two preceding rules, the local returning officer shall open each unopened ballot paper envelope (other than the ballot paper envelopes referred to in rule 36(5)) and place the ballot paper, without unfolding it, in a ballot box previously shown open and empty to the agents present and sealed with the seal of the local returning officer and the seals of such of the agents as desire to affix their seals, which box shall be subsequently dealt with in accordance with rule 75.

39. (1) The local returning officer, as soon as may be practicable after the completion of the issue of the ballot papers to postal voters and in the presence of the agents of the candidates, if any, shall make up in separate packets, sealed with the officer’s own seal and sealed by such of the agents as desire to affix their seals, the marked copy of the postal voters list and the counterfoils of the ballot papers: provided that where any subsequent issue of ballot papers is made, the sealed packet containing the marked copy of the postal voters list may be opened by the local returning officer for the purposes of that issue, and on completion of that issue, the list and the counterfoils of the ballot papers at that issue shall be made up and sealed in accordance with this rule.

(2) Having completed the placing of the ballot papers in the ballot box mentioned in rule 38 the local returning officer shall seal up in separate packets—

(a) the receipts which accompanied any ballot papers duly accepted;

(b) any rejected receipts, with envelopes, if any, attached; and

(c) any rejected ballot papers, with envelopes, if any, attached.

(3) Where covering envelopes are received by the local returning officer after the close of the poll, or where any envelopes addressed to postal voters are returned as undelivered, the local returning officer shall not open such envelopes and shall, subject to the power of readdressing such envelopes pursuant to rule 32(5), seal such envelopes up into separate packets.

(4) The local returning officer shall endorse on each packet mentioned in paragraphs (1), (2) and (3) a description of its contents, the name of the constituency and of the county or county borough for which he or she is the local returning officer and the date of the polling day at the European election to which such contents relate.

(5) The local returning officer shall forward to the F79[chief returning officer] at the same time as he or she forwards the documents mentioned in rule 93—

(a) the packets referred to in the foregoing provisions of this rule, and

(b) a statement in such form as may be directed by the Minister showing the number of ballot papers sent to postal voters, and giving with respect to such papers the particulars required by the form.

(6) Any envelopes returned as undelivered and any covering envelopes received by the local returning officer after the said packets have been forwarded to the F79[chief returning officer] shall not be opened and shall be forwarded to the F79[chief returning officer].

40. In this Part “agent” includes the election agent and the local agent of a candidate and any person appointed by or on behalf of a candidate to be present at the issue of ballot papers to postal voters or the opening of postal voters ballot boxes.

41. In this Part —

“ballot paper envelope” has the meaning specified in rule 44(c);

“covering envelope” has the meaning specified in rule 44(d);

F80[“person in charge” means the owner or operator of the place where the special voter is ordinarily resident or the person under whose direction and control the activities at that place are being conducted;]

F80[“relevant official in the place where the special voter is ordinarily resident” means the person in charge of the place where the special voter is ordinarily resident or any person authorised by the person in charge who is employed in the place where the special voter is ordinarily resident, but the person shall not be the same person as the person appointed as special presiding officer (if any) under Rule 43(1);]

“special presiding officer” means a person appointed to be a special presiding officer pursuant to rule 43.

42. A European elector whose name is, at the time of a European election, entered in the special voters list for a constituency shall be entitled to vote in that constituency at the poll at the election in accordance with the provisions of rule 45 and shall not be entitled to vote in any other manner.

43. (1) The local returning officer shall, as circumstances may require, for the purposes of this Part appoint one, or more than one, person to be a special presiding officer to carry out the functions conferred on a special presiding officer by this Part.

(2) The provisions of this Schedule relating to the powers, rights and duties of a presiding officer appointed for a polling station at an election shall apply to a special presiding officer appointed under this rule as if that officer were a presiding officer so appointed and as if the place where the special voter is casting his or her vote were a polling station at an election.

(3) The local returning officer may perform all or any of the functions of a special presiding officer appointed under this rule and the provisions of paragraph (2) shall apply to the local returning officer while so performing.

(4) The provisions of rule 64 relating to the right of an elector to request that the elector’s ballot paper be marked by a companion shall not apply in relation to a special voter.

44. As soon as practicable after the adjournment of the European election for the purpose of taking a poll the local returning officer shall cause to be delivered pursuant to rule 45 to every special voter entitled to vote at that election, the following—

(a) a ballot paper for the election;

(b) a form of declaration of identity in the form directed by the Minister;

(c) an envelope marked (and in this Part referred to as a “ballot paper envelope”); and

(d) an envelope addressed to the local returning officer (in this Part referred to as a “covering envelope”).

45. (1) At a European election, a special presiding officer shall, in the presence of a member of the deliver to the special voter the form of declaration of identity referred to in rule 44.

(2) No person other than the special presiding officer and the member of the Garda Síochána shall be present when the special voter is voting pursuant to this rule.

(3) The special voter shall complete the declaration of identity and shall sign it or, if the voter is unable to write, place his or her mark thereon and the said signature, or as the case may be mark, shall be witnessed by the special presiding officer.

(4) The special presiding officer shall, on being satisfied as to the identity of the special voter, mark a ballot paper with the official mark and deliver it to the special voter together with a ballot paper envelope.

(5) The special presiding officer shall, as soon as he or she has given the ballot paper and the ballot paper envelope to the special voter, place a mark against the name of the special voter concerned on a copy of the special voters list to denote that a ballot paper has been issued to such voter but without showing the number of the ballot paper so issued.

(6) The special voter shall thereupon record in secret his or her vote upon the ballot paper and shall then fold the ballot paper so that the vote is concealed and place the ballot paper, so folded, in the ballot paper envelope and seal the envelope and hand the ballot paper envelope to the special presiding officer.

(7) On receiving the ballot paper envelope, the special presiding officer shall place it together with the completed declaration of identity in a covering envelope which the special presiding officer shall thereupon seal and to which the special presiding officer shall affix a label in the form directed by the Minister signed by the officer and the member of the Garda Síochána.

46. (1) The special presiding officer shall, before the time fixed for the close of the poll at the European election, deliver to the local returning officer every covering envelope referred to in rule 45(7).

(2) On the completion of voting by special voters, each special presiding officer shall seal up, in separate packets—

(a) the unused ballot papers and any spoilt ballot papers, placed together;

(b) the counterfoils of the ballot papers;

(c) the marked copy of the special voters list;

(d) a ballot paper account in such form as may be directed by the Minister completed by the special presiding officer;

(e) the marking instrument, any unused stationery and any other documents or materials in the special presiding officer’s possession which relate to voting by special voters at the election;

and shall deliver all such packets to the local returning officer.

47. (1) The local returning officer shall deal with the packets delivered by a special presiding officer pursuant to rule 46 in the same manner as the local returning officer would, in accordance with the provisions of this Schedule, deal with other packets containing similar documents and materials relating to a European election.

(2) The local returning officer shall place the covering envelopes returned by a special presiding officer pursuant to rule 46, in the postal voters ballot box referred to in rule 33, and the covering envelopes and the documents therein shall thereafter be treated as if they were envelopes and documents returned to the local returning officer by postal voters and the provisions of rules 36, 37, 38 and 39 shall apply to such envelopes and documents.

(3) In the application of the provisions of this Schedule relating to postal voters to special voters —

(a) a reference to “receipt” shall, in relation to documents appropriate to special voters, be construed as a reference to “declaration of identity”, and

(b) a reference to “receipt duly signed” in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed”, and

(c) if the covering envelope does not have the label referred to in rule 45 attached thereto or if such label is not duly signed by the special presiding officer and the member of the Garda Síochána, the local returning officer shall reject the covering envelope and deal with it as if it were a receipt which had not been duly signed.

47A. Where a person is entered on the special voters list under section 17 of the Act of 1992 but the place where the special voter is ordinarily resident is not accessible to the special presiding officer and as a consequence the special voter would be unable to vote at the poll at the election in accordance with section 82 of the Act of 1992 the returning officer for the constituency in which the special voter is ordinarily resident shall, as circumstances may require—

(a) issue a postal vote to that special voter as if that voter was a postal voter entered on the postal voters list under F82[section 14(1)(d)] of the Act of 1992 and in that case Part XIII of that Act shall apply, or

(b) apply Part XIV of the Act of 1992 to voting by that special voter with the modification that references in that Part to “member of the Garda Síochána” shall be read as references to “relevant official in the place where the special voter is ordinarily resident”.]

48. (1) F83[…]

(2) F83[…]

(3) Where a poll is to be taken F84[at a European election] in a constituency, notwithstanding anything contained in this Act, the following provisions shall have effect in relation to a polling station on an island, whether the poll at such station is taken on the polling day appointed by the Minister or otherwise —

(a) where, owing to F84[sudden onset of] stress of weather or F84[unforeseen] transport difficulties, the poll cannot begin at the hour fixed by the Minister for the commencement of the poll, it shall begin as soon as possible after that hour,

(b) where, after the poll has continued for not less than four hours, the presiding officer is of opinion that if the poll were further continued the ballot boxes could not reach the place for the counting of the votes at or before the time fixed for the commencement of the count under section 10, the presiding officer may then close the poll.

(4) F83[…]

49. F85[(1)] Where a European election is adjourned for the purpose of taking a poll, the returning officer shall, as soon as practicable after the adjournment, give public notice (in this Schedule referred to as “the notice of poll”) of —

(a) the day on which and the hours during which the poll will be taken,

(b) the names and descriptions of the candidates standing nominated as entered in their nomination papers and of the proposers, if any,

(c) any replacement candidates list duly presented at the election (being such a list which is not withdrawn, deemed under rule 19(5) to have been withdrawn or ruled by the returning officer as being invalid) and the name of the registered political party or non-party candidate by whom such list was presented together with the reference assigned to the list under rule 18(7)(a) and the name and address or names and addresses of any person or persons nominated by entry thereon to be replacement candidates as entered on such list and, if there are more than one, in the same order as that in which they appear on such list, and

(d) the order in which the names of the said candidates will appear on the ballot papers.

F86[(2) Where an order is made under section 10(1A) the returning officer for the constituency in which the island is situated shall, as soon as may be after it is made, give public notice in the polling district in which the island is situated stating the day appointed under section 10(1)(a) on which, and the period shortened by the order under section 10(1A) during which, the poll shall be taken on the island.]

50. (1) The ballot of a voter at a European election shall consist of a paper (in this Schedule referred to as a “ballot paper”) in the form specified in the Fourth Schedule F87[subject to any modifications which may be provided for in regulations under paragraph 2(b)].

(2) Ballot papers shall be prepared in accordance with the following provisions —

(a) a ballot paper shall contain the names and descriptions of the candidates standing nominated at the election, as shown in their respective nomination papers. The names shall be arranged alphabetically in the order of the surnames, or if there are 2 or more candidates bearing the same surname, in the alphabetical order of their other names or, if their surnames and other names are the same, in such order as shall be determined by lot by the returning officer,

F88[(b) a ballot paper may include a photograph of each candidate and the emblem registered in the Register of Political Parties under Part III of the Electoral Act, 1992, of the candidate's political party in accordance with the requirements prescribed in regulations which may be made by the Minister (and such regulations may provide for the modification of the form of the ballot paper for that purpose),]

(c) the surname of each candidate shall be printed in large capitals, the candidate’ s surname and other name shall be printed in small capitals and the address and occupation, if any, of each candidate as appearing in the relevant nomination paper shall be printed in ordinary characters,

F89[(d) the name of each candidate’s political party, if any, or, if appropriate, the expression “Non-Party” shall be printed in large capitals, and the name of each candidate’s political group or European political party, if any, shall be printed in ordinary characters.]

(e) in case a replacement candidates list has been signed by an officer of such political party pursuant to rule 18(3)(a), and is neither withdrawn nor ruled by the returning officer as being invalid, the entry in relation to any candidate of that party shall include a reference (being a reference referred to in rule 18(7)(a)) to that list,

(f) in case a replacement candidates list has been signed by a non-party candidate pursuant to rule 18(3)(b) , and is neither withdrawn nor ruled by the returning officer as being invalid, the entry in relation to that candidate shall include a reference (being a reference referred to in rule 18(7)(a)) to that list,

(g) the list of candidates shall be arranged either in one continuous column or in two or more columns in such manner (without departing from the alphabetical order) as, in the opinion of the returning officer, is best for marking and counting, but subject to the restriction that the spaces on the ballot paper within which the candidates’ names and descriptions appear shall be the same for each of the candidates,

(h) the ballot papers shall be numbered consecutively on the back and the back of the counterfoil attached to each ballot paper shall bear the same number. The numbers on the ballot papers shall be printed in the smallest characters compatible with legibility and shall be printed on or about the centre of the paper,

(i) apart from things permitted by the form specified in the Fourth Schedule F87[and the modifications which may be provided for in regulations under paragraph (b)], nothing shall appear on the ballot paper except in accordance with these provisions.

F87[(2A) A notice containing a copy of the ballot paper in large print shall be displayed by the presiding officer in the polling station.]

(3) The returning officer shall be responsible for the printing and procuring of a sufficient quantity of ballot papers and it shall be the duty of the said officer to supply as soon as practicable to every local returning officer such number of ballot papers as that officer shall reasonably require.

51. (1) A ballot paper shall at the time of issue be marked with an official mark (in this Schedule referred to as “the official mark”), which shall be either embossed or perforated so as to be visible on both sides of the paper, and the local returning officer shall provide a sufficient number of marking instruments for this purpose.

(2) The returning officer shall ensure that the official mark is kept secret before the taking of the poll and that an interval of not less than 10 years shall intervene between each use of the same official mark at a European election in the constituency.

52. Every ballot box shall be so constructed that it can be securely locked and that while it is so locked ballot papers can be inserted therein but cannot be extracted and that the box and the aperture for the insertion of ballot papers can be sealed.

53. Where any constituency comprises the whole or any part of any Dáil constituency or local electoral area any ballot boxes, fittings for polling stations and compartments provided for Dáil or local elections in such Dáil constituency or local electoral area may be used for any European election in such constituency; and it shall be the duty of the local returning officer at any European election in such constituency to make use so far as practicable of the ballot boxes, fittings and compartments aforesaid, and upon taxation of the accounts of the local returning officer regard shall be had to the provisions of this rule, and any damage, other than reasonable wear and tear, caused to any such ballot boxes, fittings and compartments by such user at a European election shall be paid as part of the expenses of the election.

54. (1) Where a poll is to be taken at a European election in a constituency, the local returning officer shall send to every elector whose name is on the register of European electors for the county or county borough, for which he or she is the local returning officer, and is not on the postal voters list or the special voters list a card (in this rule referred to as a “polling information card”) in such form as may be directed by the Minister informing the elector of his or her number (including polling district letter) on the register of European electors and of the place at which the elector will be entitled to vote and containing a statement in relation to the specified documents referred to in rule 72 F90[and where appropriate, other information concerning the poll].

(2) A polling information card shall be addressed to the elector at the address in respect of which the elector is registered in the register of European electors and shall be delivered at that address not later than the third day before the polling day.

(3) Where a polling information card is dispatched by post it shall be transmitted without prepayment of the charges therefor by the earliest practicable post.

(4) No action or other proceedings shall lie against a local returning officer in respect of any failure to send, non-delivery of or error or mis-statement in a polling information card.

55. (1) The local returning officer may, for the purpose of taking the poll or the verification of ballot paper accounts at a European election, and the returning officer may, for the purpose of counting the votes at such an election use, free of charge, any school or any room in a school and any premises (other than a dwelling house) owned or occupied by a local authority.

(2) The returning officer or the local returning officer shall make good any damage to, and may defray any expenses incurred by the person having control over such school, room or premises by reason of its being used by the said officer at a European election.

(3) The use of any unoccupied premises or any part thereof for the purpose of taking the poll, verifying the ballot paper accounts or counting the votes at a European election shall not make the premises liable to be rated or render any person liable to pay any rate for the premises.

(4) A person having charge of a school adjoining or forming part of a church or other place of worship or a religious establishment may, within twenty-four hours after receiving notice from the returning officer or local returning officer of an intention to use such school or any part thereof at a European election, object to such use by sending a statement of such objection to the officer by whom the notice was given. Any objection made under this paragraph may, on the application of the returning officer or the local returning officer, as may be appropriate, be over-ruled by the Minister if the Minister thinks it right so to do, but unless and until such objection is so over-ruled, no part of the school referred to in such objection may be used under this rule.

(5) In this rule “school” means any school receiving a grant out of moneys provided by the Oireachtas and includes a national school and a secondary, vocational or other post-primary school.

56. (1) At every polling place the local returning officer shall provide a sufficient number of polling stations, conveniently distributed for the accommodation of the European electors entitled to vote there. Where, by reason of any difficulty, a polling station or a sufficient number of polling stations cannot be provided at the appointed polling place, the local returning officer may provide a polling station or polling stations at any other convenient place.

(2) The local returning officer shall, where practicable, provide polling stations which are accessible to wheelchair users.

(3) The local returning officer shall allot the European electors to the polling stations in such manner as, in the local returning officer’s opinion, will be most convenient for them.

(4) The local returning officer shall give public notice of the location of polling stations in each polling place and the description of the European electors allotted to vote at each such place.

(5) The local returning officer shall, where practicable, give public notice of all polling stations which are inaccessible to wheelchair users not later than the eighth day before polling day.

(6) The local returning officer shall make adequate provision for the heating, lighting and cleaning of each polling station.

(7) The local returning officer shall provide at each polling station—

(a) such number of compartments in which the voters can mark their ballot papers screened from observation, as the local returning officer considers necessary,

(b) such furniture as the local returning officer considers necessary,

(c) a sufficient number of ballot boxes,

(d) such number of ballot papers as the local returning officer considers necessary,

(e) instruments for placing the official mark on ballot papers,

(f) copies of the register or such part thereof as contains the names of the European electors allotted to vote at the station,

(g) such materials as the local returning officer considers necessary to enable voters to mark their ballot papers,

(h) such other documents, forms, stationery and other materials as the local returning officer considers necessary,

(i) such other arrangements as may serve to facilitate the marking and placing in the ballot box of ballot papers by voters who are wheelchair users,

(j) such arrangements as may be provided for by regulations under section 94 (5) (j) of the Act of 1992 for the time being in force as may serve to facilitate voters with visual impairments to mark their ballot papers without assistance.

(8) The local returning officer shall keep a record of the numbers on the ballot papers provided at each polling station.

57. (1) The local returning officer shall appoint a presiding officer to preside at each polling station and may also appoint a poll clerk or clerks to assist each presiding officer. Any such appointment may be revoked at any time by the local returning officer and where the appointment revoked is the appointment of a presiding officer, the local returning officer shall forthwith appoint a fresh presiding officer to preside at the relevant polling station.

(2) The local returning officer shall, on request, permit a person in respect of whom the officer is satisfied that the person has a bona fide interest in the European election either as a candidate or as a prospective candidate, or the agent of such a person, to inspect the list of persons to whom the local returning officer has offered, or proposes to offer, appointments as presiding officers or poll clerks.

(3) A presiding officer shall keep order at the station, regulate the number of European electors to be admitted at a time and shall exclude all other persons except those authorised by rule 59 to be present in the station.

(4) The presiding officer may do by a clerk appointed to assist him or her any act which the presiding officer is required or authorised to do by this Schedule, except ordering the arrest, exclusion or ejection from the polling station of any person.

(5) The local returning officer or a person appointed by the local returning officer under paragraph (6) may perform all or any of the functions of a presiding officer and while so doing shall be subject to the provisions of this Schedule in like manner as if the officer or person had been appointed a presiding officer.

(6) The local returning officer may appoint a person to act as his or her representative in a polling place to carry out such duties as the local returning officer may assign to that person.

58. Immediately before the commencement of the poll the presiding officer at each polling station shall show each ballot box in his or her charge to such persons as are present in the station, so that they may see that it is empty, and shall then lock the box and seal it in such manner as to prevent its being opened without breaking the seal and shall place it in his or her view for the receipt of ballot papers, and keep it so locked, sealed and in view during the poll.

59. No person shall be admitted to a polling station other than—

(a) the returning officer, the local returning officer and any deputy of either such officer,

(b) the presiding officer and poll clerk for the station,

(c) a candidate, the election agent or the local agent of the candidate and the deputy local agent of the candidate for the polling district concerned,

(d) the personation agents duly appointed in writing for the station by or on behalf of the candidates,

(e) European electors admitted for the purpose of voting at the polling station,

(f) companions of European electors whose sight is so impaired or who are otherwise so physically incapacitated F91[or who are unable to read or write to such an extent] that they are unable to vote without assistance while such companions are assisting such electors,

(g) members of the Garda Síochána on duty,

(h) messengers sent by or on behalf of the local returning officer, and

(i) other persons authorised by the local returning officer to be present in the station.

60. F92[(1)] Where a European elector for a constituency is employed by a local returning officer for any purpose in connection with a European election for that constituency, and the circumstances of that elector’ s employment are, in the opinion of the local returning officer, such as to prevent the elector from voting at the polling station at which that elector would otherwise be entitled to vote, the elector may, if so authorised in writing by the local returning officer in such form as may be directed by the Minister, vote at such other polling station in the constituency as may be specified in the authorisation.

F92[(2) (a) Where a European elector is employed by a returning officer or a local returning officer for any purpose in connection with a European election and is registered to vote in a constituency, other than one in which the employment occurs, the elector shall, on application being made by him or her in that behalf, be entitled to have his or her name entered in F93[…] the postal voters list F93[…]. An application under this paragraph shall be made on a form directed by the Minister, and the local returning officer who is employing the person shall certify on the form that the person will be employed by him or her on polling day in connection with the election and will be unable to vote in person in the constituency at the polling station at which the European elector would otherwise be entitled to vote.

F94[(b) Rule 33 (other than paragraphs (6) and (7)) and Rule 34(1) and (2) of Part VI of the Second Schedule to the Act of 1992 shall apply to an application to be entered in the postal voters list under subparagraph (a) as if references to section 14 and to section 14(a), (b) or (c) were references to Rule 60(2)(a).]

F94[(c) Subsection (2) of section 14 of the Act of 1992 shall not apply to an application under this paragraph.]]

61. Where, not less than 7 days before polling day at a European election, a European elector whose name is not on the postal voters list or the special voters list, satisfies the local returning officer that the elector is unable, by reason of his or her physical illness or physical disability, to vote at the polling station at which the elector would otherwise be entitled to vote and the local returning officer is of opinion that it would be more convenient for the elector because of that physical illness or physical disability to vote at another polling station in the same constituency the elector may, if so authorised in writing by the local returning officer in such form as may be directed by the Minister, vote at such other polling station in the same constituency as may be specified in the authorisation.

62. (1) Subject to the provisions of section 9 (2) and (3) and rules 28, 42, 60, 61, 64, 65, 66 and 72, the presiding officer shall deliver a ballot paper to a European elector who applies therefor and declares his or her name and address.

(2) Immediately before a ballot paper is delivered to a European elector—

(a) the number (including polling district letter) and name of the elector as stated in the register shall be called out,

(b) the ballot paper shall be marked with the official mark,

(c) a mark shall be placed in the register against the number of the elector to denote that a ballot paper has been issued to that elector but without showing the number of the ballot paper so issued.

(3) A European elector on receiving the ballot paper shall (subject to the provisions of rule 64) go alone into one of the compartments in the polling station and there shall secretly record his or her vote on the ballot paper and fold the paper so that the vote is concealed. The elector shall then return to the presiding officer ’ s table, show the back of the folded paper to the presiding officer so as to disclose the official mark and then put the folded paper into the ballot box. The elector shall vote without undue delay and shall leave the polling station as soon as he or she has put the ballot paper into the ballot box.

63. A voter who has inadvertently spoilt his or her ballot paper shall, on returning it to the presiding officer and satisfying the presiding officer as to the inadvertence, be given another ballot paper. The presiding officer shall immediately mark “Spoilt” on the spoilt ballot paper and on the counterfoil thereof. The presiding officer shall retain the spoilt ballot paper and counterfoil and deal with them in accordance with rule 71.

64. (1) Where a European elector applying for a ballot paper satisfies the presiding officer that the elector’s sight is so impaired or that the elector is otherwise so physically incapacitated or is unable to read or write to such an extent that he or she is unable to vote without assistance, this rule shall apply.

(2) For the purposes of paragraph (1) the presiding officer may, and if required by any personation agent present in the polling station shall, administer to the European elector before delivery of the ballot paper an oath or (in the case of a person who objects to taking an oath on the ground that the person has no religious belief or that the taking of an oath is contrary to the person’s religious belief) an affirmation in the following form:

and if the elector refuses to take the oath or make the affirmation, this rule shall not apply.

(3) Where this rule applies in the case of a European elector who satisfies the presiding officer that the elector’s sight is so impaired or that the elector is otherwise so physically incapacitated F95[or he or she is unable to read or write to such an extent] that he or she is unable to vote without assistance, the elector may request that the ballot paper shall be marked by a companion and, subject to paragraph (4), the companion may go with the elector into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper in the ballot box.

(4) The presiding officer may, and if required by any personation agent present in the polling station shall, put to the companion before delivery of the ballot paper, the following questions or any one or more of them:

(i) Have you attained the age of sixteen years?

(ii) Have you marked as a companion more than one ballot paper at this election?

(iii) Are you a candidate at this election?

(iv) Are you an agent of a candidate at this election?

and unless such of those questions as are put to the companion are answered, in the case of the first of those questions, in the affirmative and, in the case of any other of those questions, in the negative, the companion may not mark the ballot paper.

(5) Where this rule applies and —

(a) the European elector is unable to read or write, or

(b) the European elector does not request that the ballot paper shall be marked by a companion, or

(c) the European elector having so requested, the marking of the ballot paper by the companion would be in contravention of paragraph (4),

the presiding officer shall, in the presence of the elector and the personation agents and no other person, mark a ballot paper as instructed by such elector and shall then fold it and place it in the ballot box.

(6) A request made by a European elector within two hours before the hour fixed by the Minister for the close of the poll to have the ballot paper marked for the elector under this rule otherwise than by a companion may be refused by the presiding officer if, in the presiding officer ’ s opinion, having regard to the number of European electors then coming in to vote or likely to come in to vote before the close of the poll, acceding to such request would interfere with the proper discharge of the presiding officer ’ s duties or would unduly obstruct the voting of other European electors.

(7) Where a ballot paper is to be marked pursuant to paragraph (5) the presiding officer may assist the European elector by reading out in full from the ballot paper the particulars stated in respect of each candidate, but the presiding officer shall not act on any written instruction.

(8) Where, pursuant to this rule, a person has marked as a companion two ballot papers at a European election, that person shall not, at that election, mark as a companion any other ballot paper.

(9) A person shall not mark as a companion a ballot paper at a European election if that person has not reached the age of 16 years or is a candidate or an agent of a candidate at that election.

65. (1) Where, at a European election, a ballot paper has been issued to a person representing himself or herself to be a particular European elector named on the register of European electors and another person representing himself or herself to be that European elector applies for a ballot paper and duly produces a specified document having been so required by the presiding officer under rule 72 and answers such of the questions as may be put to the person or takes the oath or makes the affirmation under the said rule, subject to rule 72, that other person shall be entitled to receive a ballot paper and mark and place it in the ballot box in like manner as any other European elector.

(2) The presiding officer shall make out a statement showing the total number of ballot papers issued pursuant to this rule and the name and number (including polling district letter) on the register of European electors of each of the persons to whom such papers were issued.

66. (1) Where a presiding officer has reasonable cause to believe that any person who applies for or has applied for a ballot paper is committing or has committed personation or an offence under rule 102 the presiding officer may, before such person has left the polling station, direct a member of the Garda Síochána to arrest the person on the charge of having committed personation or an offence under the said rule 102, as may be appropriate, and the member of the Garda Síochána shall comply with such direction.

(2) If at the time a person applies for a ballot paper at a European election, or after the person has applied for a ballot paper and before that person has left the polling station, a personation agent declares to the presiding officer that the agent believes and undertakes in writing to prove that the applicant has committed personation or an offence under rule 102, the presiding officer may direct a member of the Garda Síochána to arrest the applicant on the charge of having committed personation or an offence under the said rule 102, as may be appropriate, and the member of the Garda Síochána shall comply with such direction.

(3) Any member of the Garda Síochána may, without any warrant, arrest any person who, the said member has reasonable cause to believe, is committing, or has committed, personation or an offence under rule 102.

(4) Any arrest authorised by this rule may be made at any place whether in a polling station or out of such a station.

(5) No action or other proceeding shall lie against a presiding officer in respect of the arrest on the officer’s direction, without malice, of any person on a charge of having committed personation or an offence under rule 102.

67. (1) If any person misconducts himself or herself at a polling station or fails to obey the lawful orders of the presiding officer for that station, that person may immediately, by order of the said presiding officer, be removed from the polling station by any member of the or by any other person authorised in writing by the presiding officer to remove the first-mentioned person. A person so removed shall not re-enter the polling station without the permission of the presiding officer.

(2) The presiding officer shall, as far as practicable, ensure that all material which advocates or opposes the candidature of a particular person or persons or of members of a political party is removed from the polling station.

(3) For the purpose of this rule a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate.

68. (1) Where the poll at any polling station is obstructed by violence, the presiding officer for that station may adjourn the said poll until the next following day (disregarding any excluded day) and on such day the said poll shall be resumed at a time corresponding to the time fixed for the commencement of the poll and shall continue until a time corresponding to the time fixed for the close of the poll on the polling day. References in this Act to the close of the poll shall be construed accordingly in relation to the said polling station.

(2) In the event of such obstruction, only the poll at such polling stations as are actually affected by the obstruction may be adjourned and the poll at all other polling stations shall be continued without adjournment.

(3) Where a poll is adjourned under this rule the presiding officer shall forthwith give notice of such adjournment to the local returning officer who shall forthwith inform the returning officer. The returning officer shall not commence to count the votes in the constituency until the adjourned poll has been completed.

(4) This rule shall apply to any obstruction caused by persons being prevented by violence from going to any polling station and to obstruction caused in any other manner by violence.

69. Subject to rules 21, 27, 48, 68 and 70 where, for any reason, including damage to a polling station, the poll at any polling station cannot be taken or continued in accordance with section 10 the following provisions shall have effect:

(a) the local returning officer shall—

(i) forthwith give public notice to that effect,

(ii) inform the Minister and the returning officer, and

(iii) take all such steps and give all such directions as the local returning officer thinks proper for the holding or completion of the poll at such polling station,

(b) a fresh poll shall be held or the poll shall be continued, as may be appropriate, at such polling station on a day (not being later than seven days after the polling day) appointed for the purpose by the local returning officer,

(c) the provisions of this Act shall apply in respect of such fresh poll or the continued poll in like manner as they apply to the original poll, and

(d) the returning officer shall not commence to count the votes in the constituency until the fresh poll or the continued poll has been completed.

70. If at a European election any ballot boxes or ballot papers are, without lawful authority, taken out of the custody of the returning officer, a local returning officer or of a presiding officer or are in any way tampered with or are destroyed or (in the case of ballot papers) are maliciously torn or defaced the following provisions shall have effect:

(a) the poll at every polling station at which any of the said ballot boxes or ballot papers were used shall be void,

(b) the returning officer shall forthwith inform the Minister and the F96[chief returning officer] of the polling having so become void,

(c) upon receipt of that information, the Minister shall forthwith take all such steps and give all such directions as the Minister thinks proper for the taking of a fresh poll at every such polling station,

(d) a fresh poll shall be taken at every such polling station on a day appointed for this purpose by the Minister,

(e) the provisions of this Act shall apply in respect of such fresh poll in like manner as they apply to the original poll,

(f) the returning officer shall not commence to count the votes in the constituency until the fresh poll has been completed.

71. (1) At the time fixed for the close of the poll the presiding officer shall take steps to ensure that no further European electors are admitted to the polling station, but any elector on the premises at that time shall, subject to the provisions of this Act, be entitled to receive a ballot paper and to vote.

(2) As soon as practicable after the close of the poll, the presiding officer shall seal each ballot box in his or her charge so that no further ballot papers can be inserted therein and shall attach the key thereto and seal up in separate packets —

(a) the unused and spoilt ballot papers, placed together,

(b) the marked copies of the register of European electors,

(c) the counterfoils of the ballot papers,

(d) a ballot paper account in such form as may be directed by the Minister made out by the presiding officer and a statement prepared in accordance with rule 65(2),

(e) any authorisations given by the local returning officer under rule 60 or 61 authorising persons to vote at the polling station, and any undertakings by a personation agent to prove that a person has committed personation, or an offence under rule 102, and

(f) the marking instruments, unused stationery and other documents and materials relating to the European election,

and shall deliver all such ballot boxes and packets to the local returning officer.

(3) The local returning officer shall make adequate arrangements for the safe custody of the ballot boxes delivered in pursuance of this rule and of all documents connected with the poll.

72. (1) For the purposes of section 8—

(a) a person’s name shall be taken to be on a register of European electors if the register includes a name which in the opinion of the local returning officer or presiding officer was intended to be the person’s name;

(b) (i) the local returning officer or the presiding officer may of the officer’s own volition, or if so required by a personation agent present in the polling station, request any person at the time of applying for a ballot paper, but not afterwards, to produce a specified document and, if the person fails to produce such a document, or if the local returning officer or the presiding officer is not satisfied that the person is the person to whom the document relates, such person shall not be permitted to vote;

(ii) for the purposes of this paragraph “specified document” means such document as may be specified in regulations made by the Minister under section 111(2) of the Act of 1992 and in force for the time being;

(c) the local returning officer or presiding officer may, and if so required by a personation agent present in the polling station shall, put to any person when that person applies for a ballot paper, but not afterwards, the following questions, or any one or more of them:

(i) Are you the same person as the person whose name appears as AB on the register of European electors now in force for the constituency of ....?

(ii) Have you already voted at this election?

F97[(iii) Have you reached the age of eighteen years?]

(iv) Are you either or both of the following:

(A) a citizen of Ireland,

(B) a national of a Member State of the European Communities other than Ireland?

and unless such of those questions as are put to the person are answered, in the case of the first, third and fourth of those questions, in the affirmative and, in the case of the second of them, in the negative, the person shall not be permitted to vote;

(d) the local returning officer or presiding officer may, and if so required by a personation agent present in the polling station shall, administer to any person when that person applies for a ballot paper, but not afterwards, an oath or (in the case of any person who objects to taking an oath on the ground that the person has no religious belief or that the taking of an oath is contrary to that person’s religious belief) an affirmation in the following form:

and if such person refuses to take the oath or make the affirmation the person shall not be permitted to vote.

(2) Save as is provided by this rule and rule 64, no request to a voter to produce a document shall be made, and no question, oath, affirmation or objection shall be put or permitted at the time of the poll at a European election as to the right of any person to vote, and no objection thereto shall be made or received by any local returning officer or presiding officer.

(3) Nothing in this rule shall be construed as entitling any person to vote who is not entitled to do so, or as relieving such person from any penalties to which that person may be liable for voting.

73. (1) The local returning officer for a county or county borough shall appoint a time which shall not be later than 9 a.m. on the day next following the polling day, at which the officer will open the ballot boxes and verify the ballot paper accounts in accordance with this Part.

(2) The local returning officer shall appoint a place within or convenient to the county or county borough for which he or she is the local returning officer at which the said officer will open the ballot boxes pursuant to rule 75 and shall, at the place so appointed, provide suitable accommodation and all necessary furniture and equipment for the verification of ballot paper accounts under this Part and shall make adequate arrangements for the safe custody of the ballot papers and other documents relating to the European election. The local returning officer shall, where practicable, ensure that the appointed place is accessible to wheelchair users.

74. (1) Not less than 4 days before the polling day, the local returning officer shall give each candidate notice in writing of the day, time and place at which the officer will open the ballot boxes pursuant to rule 75 and of the number of agents each candidate may appoint to be present at the opening.

(2) The local returning officer, the assistants and clerks of the local returning officer, members of the Garda Síochána on duty and the agents of the candidates duly appointed for this purpose and no other person, except with the permission of the local returning officer, may be present at the proceedings referred to in this Part.

(3) The local returning officer shall give the agents of the candidates such reasonable facilities for overseeing the proceedings at the opening of the boxes and the verification of the ballot paper accounts and all information with respect thereto which the officer can give them consistent with the orderly conduct of the proceedings and the performance of his or her functions.

75. (1) At the time appointed under rule 73 the local returning officer shall —

(a) open each ballot box and count the number of ballot papers found therein and compare the total number of papers ascertained with the number shown in the appropriate ballot paper account,

F98[(aa) where ballot boxes from a polling station situated on an island have not reached the place appointed for the verification of ballot paper accounts under rule 73(2) before the time appointed under rule 73(1), due to stress of weather or transport difficulties, proceed in accordance with subparagraphs (a), (c) and (d) in respect of the other ballot boxes,]

F99[(b) when all the ballot boxes, including all the ballot boxes from polling stations situated on an island, have been dealt with in accordance with subparagraphs (a), (c) and (d), prepare a statement showing the result of the comparison under subparagraph (a) in respect of all the ballot papers for the county or county borough for which he or she is the local returning officer,]

(c) open the ballot box in which the postal and special voters ballot papers were placed pursuant to rule 38 and count and record the number of such ballot papers,

(d) make up in separate packets the ballot papers found in each ballot box (including postal voters ballot papers), endorse on each such packet the number of ballot papers contained therein and particulars of the polling station to which they relate (or, where appropriate, that they are postal and special voters ballot papers) and place the packets in boxes which the local returning officer shall seal and on each of which the said officer shall endorse the number of packets contained therein and the name of the county or county borough for which he or she is the local returning officer, and

(e) forthwith deliver to the returning officer for the constituency all such boxes together with —

(i) the statement referred to in subparagraph (b), and

(ii) a statement of the number of postal and special voters ballot papers recorded under subparagraph (c).

F100[(1A) For the purposes of paragraph (1)(a), the manner in which a ballot box, being a ballot box containing not more than 50 ballot papers, shall be opened shall be such that, although the box is opened, in the presence of the agents of the candidates, the preferences on the individual ballot papers cannot be read by those agents or other persons present at the count.]

(2) The local returning officer, while counting and recording the number of ballot papers pursuant to this rule, shall cause the said papers to be kept face upwards and due precautions to be taken to prevent any person from seeing the numbers printed on the backs of the said papers.

76. Candidates or agents shall not handle ballot papers during the verification of the ballot paper accounts or the counting of the votes.