European Parliament Elections Act 1997
Replacement candidates 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.
Annotations
Amendments:
F63
Substituted (22.03.2019) by European Parliament Elections (Amendment) Act 2019 (7/2019), s. 6(e), S.I. No. 117 of 2019.
F64
Substituted (1.11.2001) by Electoral (Amendment) Act 2001 (38/2001), s. 51(i), S.I. No. 497 of 2001.
