European Parliament Elections Act 1997

F25[Nomination of candidates and replacement candidates.

12

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

(2) In the case of a candidate whose candidature is not authenticated by a certificate of political affiliation under rule 5(3) of the Second Schedule, one or other of the following paragraphs shall, F26[at or before the latest relevant time specified in rule 10 for the receipt of that candidate’s nomination], be complied with:

(a) the candidate’s nomination shall have been assented to by 60 persons (excluding the candidate and any proposer) who are registered as European electors in the constituency (each of whom in this Act is referred to as an “assentor”);

(b) the candidate, or someone on his or her behalf, shall have made a deposit in accordance with section 13.

(3) The following provisions apply in respect of the assents required by subsection (2)(a) to the nomination of a candidate referred to in that subsection:

(a) to assent to the nomination, an assentor shall make a statutory declaration in the prescribed form stating the following:

(i) his or her number (including polling district letters) on the register of European electors F27[] on the date of the making of the statutory declaration;

(ii) his or her place of ordinary residence in respect of which he or she is registered in the register of European electors referred to in subparagraph (i);

(iii) his or her contact details, including telephone numbers (if any);

(iv) the name of the European Parliament constituency, on the date of the making of the statutory declaration, in which he or she is ordinarily resident;

(v) the name and address of the candidate;

(vi) the form of identification produced by him or her in accordance with paragraph (b), including any number on it that distinguishes it from similar forms held by others;

(vii) that he or she assents to the nomination of the candidate;

(viii) that he or she has not assented to the nomination of any other candidate in respect of that European election;

(b) when making the statutory declaration referred to in paragraph (a), the assentor shall produce to the person taking and receiving the declaration a prescribed photographic identification and shall, on so doing, be deemed, for the purposes of the Statutory Declarations Act 1938, to be personally known to the person taking and receiving the declaration;

(c) the assent shall have effect as respects, and only as respects, the European Parliament constituency in which the place referred to in paragraph (a)(ii) is situate at the time of the European election concerned;

(d) F27[] the assent shall have effect as respects, and only as respects, the European election in the constituency referred to in paragraph (c) held next after the making of the statutory declaration;

(e) F27[]

(f) the candidate or proposer shall attach the required number of statutory declarations (that is to say, the 60 statutory declarations constituting the assents) to the nomination paper and the nomination paper delivered to the returning officer in accordance with rule 11 of the Second Schedule shall have the declarations so attached;

(g) where more than the required number of statutory declarations is attached to the nomination paper, the declarations (up to the required number) first attached to the nomination paper shall be taken into account to the exclusion of any others;

(h) it shall be lawful for a member of the Garda Síochána or an official of the registration authority to take and receive a statutory declaration referred to in paragraph (a) and any such declaration shall be stamped by the member or official concerned;

(i) a registration authority and a returning officer shall arrange for the provision of forms for the purposes of making a statutory declaration referred to in paragraph (a) free of charge to any person who requests such a form.

(4) For the purposes of subsections (2)(a) and (3), a person whose application to have his or her name entered in F27[] the register of European electors is approved by the registration authority at or before F26[the latest relevant time for delivery of the relevant candidate’s nomination paper] to the returning officer shall be deemed to be registered as a European elector in the applicable constituency.

(5) At a European election—

(a) a registered political party, and

(b) a person who in relation to the election is a non-party candidate,

may, subject to and in accordance with rules 17, 18 and 19 of the Second Schedule, nominate one or more persons, with the consent of the person or persons concerned, to be as regards the election replacement candidates.

(6) Subject to rule 17(b) of the Second Schedule, a person who is a candidate at a European election shall be eligible for nomination as a replacement candidate.

(7) At a European election a person may not be nominated as a candidate or as a replacement candidate in respect of more than one constituency.]

Annotations

Amendments:

F25

Substituted (24.02.2009) by Electoral (Amendment) Act 2009 (4/2009), s. 10, commenced on enactment.

F26

Substituted (22.07.2013) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 6(a), (b), commenced on enactment.

F27

Deleted (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 115(a)(i)(I)-(III), (ii), S.I. No. 512 of 2022.

Editorial Notes:

E16

Previous affecting provision: subss. (1A)-(1C) inserted (25.03.2002) by Electoral (Amendment) Act 2002 (4/2002), s. 2, commenced on enactment; section substituted (24.02.2009) as per F-note above.