Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

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SCHEDULE 2

PART 1

Election of Mayor

Chapter 1

Preliminary and General

Interpretation

1. (1) In this Part—

“ballot paper” has the meaning assigned to it by paragraph 37;

“certificate of political affiliation” has the meaning assigned to it by paragraph 18;

“deposit” shall be construed in accordance with paragraph 19;

“deputy mayoral election agent” shall be construed in accordance with paragraph 30;

“elector” means a person entitled, in accordance with section 24 of the Principal Act, to vote at a local election;

“excluded day” means a day that is a Sunday, Good Friday or a day that is a public holiday (within the meaning of the Organisation of Working Time Act 1997 );

“Limerick City and County Electoral Area” has the meaning assigned to it by paragraph 4;

“local election” has the same meaning as it has in the Principal Act;

“local electoral area” means an area referred to in section 23 of the Principal Act by reference to which a local election is held;

“local government elector” means a person entitled, pursuant to section 24 of the Principal Act, to vote at a local election;

“mayoral by-election” has the meaning assigned to it by section 13 ;

“mayoral election” means an election held in accordance with this Part and includes a mayoral by-election held in accordance with this Part;

“mayoral election agent” has the meaning assigned to it by Part X of the Electoral Act 1997 ;

“notice of election” has the meaning assigned to it by paragraph 15;

“notice of poll” has the meaning assigned to it by paragraph 36;

“official mark” has the meaning assigned to it by paragraph 38;

“personation” shall be construed in accordance with paragraph 60;

“personation agent” has the meaning assigned to it by paragraph 31;

“polling day” means—

(a) in relation to the mayoral election first held after the passing of this Act, the day fixed under subparagraph (1) of paragraph 6 for the holding of the poll at that election,

(b) in relation to all other mayoral elections (other than mayoral by-elections), the day fixed under subparagraph (2) of paragraph 6, for the holding of the poll, and

“postal voter” has the meaning assigned to it by paragraph 34;

“postal voters list” means each list prepared in accordance with section 14 of the Act of 1992 of local government electors for a local electoral area situated in the Limerick City and County Electoral Area;

“quota” has the meaning assigned to it by paragraph 51;

“register of electors” has the meaning assigned to it by paragraph 5;

“register of political parties” means the Register of Political Parties prepared and maintained under section 42 of the Act of 2022;

“returning officer” has the meaning assigned to it by paragraph 9 and includes a deputy returning officer appointed under paragraph 11 in respect of functions for which he or she was so appointed;

“special voter” has the meaning assigned to it by paragraph 35;

“special voters list” has the same meaning as it has in section 2 of the Act of 1992.

(2) The provisions of the Local Elections Regulations referred to in paragraphs 34, 35, 39 and 41 shall apply to a mayoral election subject to the following modifications and any other necessary modifications:

(a) a reference in those Regulations to a local election or an election shall be construed as a reference to a mayoral election;

(b) a reference in those Regulations to a local electoral area shall be construed as a reference to the Limerick City and County Electoral Area;

(d) a reference in article 32 of those Regulations to article 26 shall be construed as a reference to paragraphs 30 and 31;

(e) a reference in article 40 of those Regulations to article 76 shall be construed as a reference to paragraph 44;

(f) a reference in article 63 of those Regulations to—

(i) article 10 shall be construed as a reference to paragraph 14,

(ii) article 29 shall be construed as a reference to paragraph 34, and

(iii) article 43 shall be construed as a reference to paragraph 35;

(g) a reference in article 70 of those Regulations to—

(i) article 24 shall be construed as a reference to paragraph 28,

(ii) article 28 shall be construed as a reference to paragraph 33, and

(iii) section 21 of the Act of 1994 shall be construed as a reference to paragraph 6;

(h) article 72(2) of those Regulations shall be construed as if “separately in respect of each poll” was deleted;

(i) the reference in article 73(2)(a) and article 73(3) of those Regulations to “register of local government electors for the local electoral area” shall be construed as a reference to “register of electors”;

(j) a reference to a provision of those Regulations shall be construed as a reference to that provision as applied by this Part.

Forms

2. A document—

(a) referred to in this Part or an enactment applied to a mayoral election in accordance with this Part, and

(b) required to be used for the purposes of a mayoral election,

shall, save as otherwise provided for in this Part and subject to any necessary modifications, be in the same form as a document corresponding to the first mentioned document that is required for the purposes of an election to Dáil Éireann.

Eligibility for office of Mayor

3. Subject to sections 13 and 13A of the Principal Act, a person is eligible for election to the office of Mayor if he or she is a citizen of Ireland, or is ordinarily resident in the State, and has attained the age of 18 years—

(a) on or before polling day at the election, or

(b) if there is no poll, the latest day for receiving nominations at the election.

Limerick City and County Electoral Area

4. For the purposes of a mayoral election, there shall be one electoral area (in this Part referred to as the “Limerick City and County Electoral Area”) which shall consist of the local electoral areas situated in Limerick City and County.

Right to vote at mayoral elections

5. (1) For the purposes of a mayoral election and subject to the provisions of this Part, every person whose name is on the register (in this Part referred to as the “register of electors”) of local government electors prepared under Part II of the Act of 1992 for a local electoral area situated within the Limerick City and County Electoral Area is entitled to vote at the poll at a mayoral election in that electoral area.

(2) A person’s name shall be taken to be on the register of electors if the name entered was, in the opinion of the returning officer or presiding officer, intended to be the person’s name.

(3) A person who votes at a mayoral election shall not in any subsequent legal proceedings (civil or criminal) be required to state for whom he or she voted.

(4) A person who—

(a) is registered in the register of electors for a local electoral area but is not entitled to be so registered, or

(b) is not registered in the register of electors,

shall not be entitled to vote at the poll at a mayoral election.

Day and time of mayoral election and mayoral by-election

6. (1) (a) The Minister may fix a day for the holding of a poll at a mayoral election first held after the passing of this Act.

(b) The poll at a mayoral election first held after the passing of this Act shall be held—

(i) on the day fixed under clause (a), or

(ii) where an order is made in respect of that mayoral election under subparagraph (4), on the day fixed under that order,

and shall continue for such period (which shall not be less than 12 hours) between the hours of 7.00 a.m. and 10.30 p.m. on that day.

(2) (a) As soon as practicable after the Minister makes an order under subsection (2) of section 26 of the Principal Act fixing a day and period for the holding of polls at local elections, he or she shall make an order fixing that day and period for the holding of a poll at a mayoral election.

(b) Subject to subparagraph (4), the poll at a mayoral election (other than a mayoral election to which subparagraph (1) applies or a mayoral by election) shall be held—

(i) on the day and for the period fixed under clause (a), or

(ii) where an order is made in respect of the mayoral by-election under subparagraph (4), on the day and for the period fixed under that order.

(3) (a) The Minister may fix a day for the holding of a poll at a mayoral by-election.

(b) The poll at a mayoral by-election shall be held—

(i) on the day fixed under clause (a), or

(ii) where an order is made in respect of the mayoral by-election under subparagraph (4), on the day fixed under that order,

and shall continue for such period (which shall not be less than 12 hours) between the hours of 7.00 a.m. and 10.30 p.m. on that day.

(4) Where the Minister is informed by the returning officer of a postponement under paragraph 28, he or she may—

(a) in the case of a mayoral election to which subparagraph (1) applies or a mayoral by-election to which subparagraph (3) applies, make an order fixing a day for the holding of a poll at the mayoral election or mayoral by-election concerned other than the day fixed under subparagraph (1) or (3), as the case may be, and

(b) in the case of a mayoral election to which subparagraph (2) applies, make an order fixing a day and period for the holding of a poll at the mayoral election concerned other than the day fixed under subparagraph (2).

(5) An order under this paragraph shall be published in Iris Oifigiúil as soon as may be after it is made.

Advance polling

7. (1) Notwithstanding paragraph 6, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of the Commission, make an order providing that, in addition to the poll provided for under paragraph 6—

(a) an advance poll at a mayoral election may be taken on the day before the day appointed by the Minister under paragraph 6, and

(b) a poll referred to in clause (a) shall continue for such period, not being less than 12 hours, between the hours of 7.00 a.m. and 10.30 p.m.

(2) An order under this paragraph shall be published in Iris Oifigiúil as soon as may be after it is made.

(3) The returning officer for the mayoral election to which an order under subparagraph (1) applies shall give public notice of the day on which, and the hours during which, the advance poll provided for by that order shall be taken.

(4) In this paragraph—

“Covid-19” means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;

“pandemic” means an outbreak of disease—

(a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

(b) which has been declared by the World Health Organisation to be a pandemic.

Conduct of election

8. (1) (a) If a mayoral election is contested, the poll shall be taken according to the system of proportional representation, whereby each elector shall have one transferable vote.

(b) In this subparagraph, “transferable vote” means a vote that is capable of being—

(i) cast so as to indicate the voter’s preference for the candidates in order, and

(ii) transferred to the next choice candidate when, owing to the deficiency in the number of the votes given for a prior choice candidate, the said prior choice candidate is excluded from the list of candidates.

(2) A mayoral election shall not be invalid by reason of—

(a) a failure to comply with any provision of this Part, or

(b) a mistake in the use of any form provided for by this Part,

if it appears to the court before which such matter is raised that—

(i) the election was conducted in accordance with the principles laid down in this Part taken as a whole, and

(ii) the failure or mistake did not materially affect the result of the election.

Chapter 2

Returning Officer

Returning officer

9. (1) The director general shall appoint such employee of Limerick City and County Council as the director general considers appropriate to be the returning officer (in this Part referred to as the “returning officer”) for the Limerick City and County Electoral Area for the purposes of a mayoral election.

(2) Where a person appointed under this paragraph to be the returning officer is, for whatever reason, unable to perform the functions of returning officer, the director general shall appoint such other employee of Limerick City and County Council as the director general considers appropriate to perform the functions of returning officer, and the performance of those functions by such person shall be deemed to be the performance of those functions by the returning officer.

General duty of returning officer

10. It shall be the duty of the returning officer for a mayoral election to—

(a) do all such acts and things as may be necessary for the effectual conduct of an election in accordance with this Part,

(b) ascertain and declare the results of that election, and

(c) give to the director general a return of the person elected as Mayor made under subparagraph (1) of paragraph 55.

Deputy returning officers

11. (1) The returning officer for a mayoral election may, in writing, appoint one, or more than one, person to be deputy returning officer or deputy returning officers for the purposes of this Part and may delegate to any deputy returning officer so appointed such of the functions of the returning officer as may be specified in the appointment.

(2) The returning officer may at any time revoke the appointment of a deputy returning officer appointed under subparagraph (1).

(3) A deputy returning officer at a mayoral election shall have all the rights and be subject to all the duties and liabilities of the returning officer in relation to the functions for which he or she is appointed.

Expenses of returning officer

12. (1) (a) The director general shall prepare a scale of maximum charges for the returning officer in respect of every mayoral election.

(b) Limerick City and County Council shall pay to the returning officer the reasonable charges incurred by the returning officer in respect of his or her services and expenses in relation to a mayoral election.

(c) The charges paid by Limerick City and County Council in accordance with this subparagraph shall not exceed the maximum charges specified in the scale prepared under clause (a).

(2) (a) Limerick City and County Council shall, in respect of services and expenses other than services and expenses to which the scale of maximum charges prepared under clause (a) of subparagraph (1) applies, recoup to (or, where appropriate, pay on behalf of) the returning officer the officer’s reasonable charges in relation to a mayoral election.

(b) In this subparagraph, “expenses” includes—

(i) expenses incurred by a returning officer in respect of legal representation in proceedings before a court arising out of the performance or purported performance by the returning officer of his or her functions in respect of the mayoral election concerned (other than the trial of a petition presented to the High Court), and

(ii) damages and costs payable by the returning officer in accordance with an order of a court in respect of such proceedings,

except where the court is satisfied that the returning officer has been grossly negligent in the discharge of his or her duties.

(3) An account of charges sought to be paid in accordance with subparagraphs (1) and (2) shall be submitted by the returning officer to Limerick City and County Council at such time and in such manner as the director general may from time to time direct.

(4) The returning officer may request Limerick City and County Council to advance to him or her such sum or sums in respect of such charges as he or she anticipates are likely to be incurred by him or her in respect of the mayoral election concerned, and Limerick City and County Council may make such an advance on such terms as it deems fit.

Mutual assistance

13. It shall be the duty of every person upon whom any function in relation to a mayoral election is conferred under this Part and of every person appointed or employed (otherwise than by any candidate or political party) for any purpose relating to the election, to furnish such information and render such other assistance to any other such person as that other person requires for the purposes of the election.

Chapter 3

Manner of voting

Manner of voting

14. Subject to subparagraph (1) of paragraph 34 and subparagraph (1) of paragraph 35, a person who is entitled to vote at a mayoral election shall be entitled to vote in person only and at the polling station allotted to him or her or, in case that person is authorised by a returning officer under article 61 or 62 of the Local Elections Regulations (applied to a mayoral election by paragraph 41), at the polling station specified in the authorisation.

Chapter 4

Nominations

Notice of election

15. The returning officer shall, not later than the 28th day before the polling day for a mayoral election, give public notice of the mayoral election (in this Part referred to as the “notice of election”) stating—

(a) the times for receiving nominations,

(b) the requirements of subparagraph (6) of paragraph 18,

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

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

Register of political parties

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

Necessity for nomination

17. A person shall not be entitled to have his or her name entered in a ballot paper as a candidate at a mayoral election unless that person has been nominated in the manner provided by this Part and the person’s nomination paper has been ruled as valid by the returning officer.

Nomination of candidates

18. (1) At a mayoral election, a person may nominate himself or herself as a candidate or may, with his or her consent, be nominated by another person (whose name is entered on the register of electors) as proposer.

(2) Each candidate shall be nominated by a separate nomination paper in such form as the Minister shall direct.

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

(4) (a) A candidate may include in the nomination paper the name of the political party registered in the register of political parties as a party organised to contest a mayoral election of which he or she is a candidate, provided that, at the time the nomination paper is delivered to the returning officer, a certificate (in this Part referred to as a “certificate of political affiliation”)—

(i) in such form as the Minister shall direct,

(ii) authenticating the candidature of the candidate, and

(iii) signed by the officer or officers of such party whose name or names are entered in that register in accordance with paragraph (d) of section 47 of the Act of 2022,

is produced to the returning officer.

(b) Where a certificate of political affiliation is produced to the returning officer in accordance with clause (a), the returning officer shall, if he or she considers it appropriate to so do, cause—

(i) a statement of the name of the political party concerned and a copy of that political party’s emblem as entered in the register of political parties in accordance with paragraphs (a) and (b) of section 47 of the Act of 2022 to be specified in relation to the candidate on all the ballot papers, and

(ii) a statement of the name of that political party to be specified in relation to the candidate on all notices under this Part.

(5) If a candidate is not a candidate of a political party registered in the register of political parties as a party organised to contest a mayoral election, the candidate shall be entitled to enter the expression “Non-Party” on the nomination paper after his or her name 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 ballot papers and all notices under this Part in relation to the mayoral election.

(6) If a candidate’s candidature is not authenticated by a certificate of political affiliation, then either—

(a) the candidate’s nomination shall, before the expiration of the period for receiving nominations under paragraph 21, have been assented to by 60 electors (excluding the candidate and any proposer of the candidate) in the Limerick City and County Electoral Area, and each such elector is referred to in this Chapter as an “assentor”, or

(b) the candidate (or someone on his or her behalf) shall, before the expiration of the period referred to in clause (a), have made a deposit in accordance with paragraph 19.

(7) The following provisions apply for the purposes of clause (a) of subparagraph (6):

(a) each assentor shall make a statutory declaration in such form as the Minister shall direct stating—

(i) his or her number (including polling district letters) on the register of electors,

(ii) his or her place of ordinary residence in respect of which he or she is registered in the register of electors,

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

(iv) the name of the local electoral area, in the Limerick City and County Electoral Area, 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 clause (b), including any number inscribed thereon that distinguishes it from similar such forms of identification in respect of other persons,

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

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

(b) when making the statutory declaration referred to in clause (a), the assentor shall produce to the person taking and receiving the declaration photographic identification prescribed for the purposes of paragraph (b) of subsection (6) of section 46 of the Act of 1992;

(c) upon the assentor’s having complied with clause (b), he or she shall, for the purposes of the Statutory Declarations Act 1938 , be deemed to be personally known to the person taking and receiving the declaration;

(d) the assent shall have effect for the purposes only of the mayoral election next held after the making of the statutory declaration;

(e) 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 paragraph 22, shall have the declarations so attached;

(f) 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;

(g) it shall be lawful for a member of the Garda Síochána or an official of Limerick City and County Council to take and receive a statutory declaration referred to in clause (a) and any such declaration shall be stamped by the member or official concerned;

(h) Limerick City and County Council and the returning officer shall arrange for the provision of forms, for the purposes of making a statutory declaration referred to in clause (a), free of charge to any person who requests such a form.

(8) For the purposes of clause (a) of subparagraph (6) and subparagraph (7), a person whose application to have his or her name entered in the register of electors is approved by the registration authority in the Limerick City and County Electoral Area before the expiration of the period for delivery of a nomination paper to the returning officer under paragraph 21, shall be deemed to be an elector for the Limerick City and County Electoral Area.

(9) The returning officer shall provide nomination papers—

(a) during normal office hours,

(b) on each weekday during the period beginning on the publication of the notice of election and ending at 12 noon on the latest day for receiving nominations, and

and the returning officer shall supply a nomination paper or nomination papers free of charge to any person applying therefor, but the use of a paper supplied by the returning officer pursuant to this paragraph shall not be obligatory at a mayoral election, provided that the nomination paper used is in the form specified in a direction under subparagraph (2).

(10) In this paragraph—

“Register of Political Parties” means the Register of Political Parties sent to the returning officer in accordance with paragraph 16;

“registration authority” has the meaning assigned to it by Part II of the Act of 1992.

Deposit by certain candidates

19. (1) A candidate at an election referred to in clause (b) of subparagraph (6) of paragraph 18, or someone on his or her behalf, may, before the expiration of the time appointed by paragraph 21 for receiving nominations, deposit with the returning officer the sum of €1,000, and, if the said sum is not deposited, his or her candidature shall be deemed to have been withdrawn.

(2) The deposit that may be made by or on behalf of a candidate pursuant to this paragraph may be made by means of legal tender or, with the consent of the returning officer, in any other manner.

Return or disposal of deposit

20. (1) The deposit made under paragraph 19 shall be returned where the candidate—

(a) withdraws his or her candidature in accordance with paragraph 26,

(b) is deemed, under subparagraph (1) of paragraph 33, to have withdrawn his or her candidature,

(d) has not, before the expiration of the period for the receipt of nominations, been validly nominated as a candidate at the mayoral election,

(e) is elected, or

(f) is not elected but the greatest number of votes credited to him or her at any stage of the counting of the votes at the election exceeds one quarter of the quota.

(2) A deposit that is not required to be returned under subparagraph (1) shall stand forfeited.

(3) Where a deposit is required to be returned under subparagraph (1), it shall—

(a) be returned to the person by whom it was made, or

(b) if the person who made the deposit dies before the deposit is returned, be returned to his or her personal representative (within the meaning of the Succession Act 1965 ).

(4) A deposit standing forfeited under this paragraph shall be disposed of by the returning officer in such manner as the director general shall direct.

Time for receiving nominations

21. (1) The earliest time for receiving nominations shall be 10.00 a.m. on the day (disregarding any excluded day) next following the latest day for the publication of the notice of election.

(2) The latest time for receiving nominations shall be 12 noon on the seventh day (disregarding any excluded day) next following the latest day for the publication of the notice of election.

Delivery of nomination papers

22. (1) Every nomination paper shall be delivered to the returning officer by the candidate or the proposer of the candidate before the expiration of the period—

(a) commencing on the earliest time for receiving nominations referred to in subparagraph (1) of paragraph 21, and

(b) ending on the latest time for receiving nominations referred to in subparagraph (2) of that paragraph.

(2) The delivery of the nomination paper shall—

(a) be made by the candidate in person, or

(b) where the candidate is proposed by another person, be made by the candidate in person or by the proposer of the candidate in person.

(3) The returning officer shall—

(a) between the hours of 10.00 a.m. and 12 noon and between the hours of 2.00 p.m. and 5.00 p.m. on the day (disregarding any excluded day) immediately preceding the latest day for receiving nominations, and

(b) between the hours of 10.00 a.m. and 12 noon on such latest day,

attend at the place specified in that behalf in the notice of election for the purpose of receiving nominations.

Selection of nomination papers

23. The returning officer shall affix numbers to the nomination papers nominating candidates for a mayoral election in the order in which they are received, and the first valid nomination paper received by the returning officer nominating a candidate for the mayoral election shall constitute the nomination of that candidate.

Ruling on validity of nomination papers

24. (1) (a) The returning officer shall rule on the validity of each nomination paper not later than one hour after its delivery and may rule that it is invalid if he or she considers that—

(i) the paper is not properly made out or signed, or

(ii) in the case of a nomination to which clause (a) of subparagraph (6) of paragraph 18 applies, there has been a failure to comply with that clause or subparagraph (7) of that paragraph.

(b) The returning officer shall not rule that a nomination paper is invalid by reason only of an assentor’s having assented to the nomination of more than one candidate at the same election.

(2) Only the returning officer, the candidate to whom a nomination paper relates, that candidate’s proposer (if any) and one other person designated by the candidate or proposer, as the case may be, shall be entitled to attend while the said nomination paper is being ruled upon by the returning officer unless the returning officer gives permission for any other person to so attend.

(3) The returning officer shall object to the name of a candidate on 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,

(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—

(i) amend it, as he or she thinks fit, after consultation with the candidate or proposer (if present), or

(ii) rule that the nomination paper is invalid by reason of it not having been properly made out.

(4) The returning officer shall object to the description of a candidate in a nomination paper that, in the opinion of the returning officer—

(a) is incorrect,

(b) is insufficient to identify the candidate,

(d) contains a political reference other than—

(i) a reference to a public or elected office held, or formerly held, by the candidate, or

(ii) an entry made pursuant to subparagraph (4) or (5) of paragraph 18,

and where the 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—

(I) amend or delete it, as he or she thinks fit, after consultation with the candidate or proposer (if present), or

(II) rule that the nomination paper is invalid as not having been properly made out.

(5) (a) The returning officer at a mayoral election shall, after having ruled on the validity of a nomination paper—

(i) record his or her decision on the nomination paper and shall sign the record, and

(ii) where he or she rules in accordance with this paragraph that the nomination is invalid, include in that record a statement of the reasons for the ruling.

(b) The decision of the returning officer under this paragraph shall be final subject only to reversal on a petition questioning the election.

(6) The returning officer shall, by notice in writing, deliver by post or otherwise to the candidate concerned confirmation of the returning officer’s ruling under this paragraph.

(7) A person in respect of whom a nomination paper has been ruled to be valid under this paragraph shall stand nominated to be a candidate in a mayoral election unless his or her candidature is—

(a) withdrawn in accordance with paragraph 26, or

(b) deemed to have been withdrawn under subparagraph (1) of paragraph 19 or subparagraph (1) of paragraph 33.

Publication of nominations

25. 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 in respect of the mayoral election concerned stating the name and description of the person nominated in the paper and the name and address of the person’s proposer (if any).

Withdrawal of candidature

26. A candidate may withdraw his or her candidature for the election by a notice of withdrawal signed by the candidate and delivered—

(a) in person by the candidate or by the candidate’s proposer, or

(b) by some other person (where the returning officer is satisfied that neither the candidate nor the proposer is able to comply with clause (a)),

to the returning officer not later than 12 noon on the day (disregarding any excluded day) next following the latest day for receiving nominations, but delivery of the notice in the manner specified in clause (b) shall not be valid unless it is signed by both the candidate and the person effecting delivery.

Publication of withdrawal

27. The returning officer shall, immediately upon delivery to him or her of a notice of withdrawal in accordance with paragraph 26, give public notice—

(a) of the withdrawal of the candidature of the candidate, and

(b) in the case of the withdrawal of the candidature of a candidate who was nominated by a proposer, of the name of the proposer.

Obstruction of nominations

28. (1) If the proceedings for or in connection with the nomination of candidates at a mayoral election are obstructed by violence, the returning officer may—

(a) adjourn the proceedings to a later hour on the same day,

(b) adjourn the proceedings to the day (disregarding any excluded day) immediately following the first-mentioned day, or

(c) if the returning officer considers necessary, postpone the proceedings until such time or day as the obstruction has ceased.

(2) Where any proceedings for or in connection with the nomination of candidates are adjourned or postponed under subparagraph (1), the returning officer shall—

(a) postpone the latest time for receiving nominations for a period equal to the period of the postponement under subparagraph (1), and

(b) inform the Minister of the postponement who may, by order, appoint the day for the taking of the poll at the election.

Procedure after nominations

29. (1) If at 12 noon on the day (disregarding any excluded day) next following the latest day for receiving nominations the number of candidates standing nominated at the mayoral election is 2 or more, the returning officer shall adjourn the election and shall take a poll in accordance with this Part.

(2) If at 12 noon on the day (disregarding any excluded day) next following the latest day for receiving nominations one candidate only stands nominated at the mayoral election, the returning officer shall forthwith—

(a) declare the said candidate to be elected to be Mayor, and

(b) comply with paragraph 55.

(3) Where, at 12 noon on the day (disregarding any excluded day) next following the latest day for receiving nominations, no person stands nominated as a candidate at a mayoral election—

(a) the returning officer shall so inform the Minister,

(b) the order under paragraph 6 in respect of the mayoral election shall stand revoked,

(d) the Minister shall, as soon as practicable, make an order under paragraph 6 for the purposes of the new mayoral election.

Chapter 5

Agents of candidates

Appointment of deputy mayoral election agents

30. (1) A candidate or his or her mayoral election agent may appoint with respect to any polling district in the Limerick City and County Electoral Area one person (in this Part referred to as a “deputy mayoral election agent”) to assist the candidate in the polling district and to act therein as deputy for the candidate’s mayoral election agent.

(2) The appointment of a deputy mayoral election agent may be revoked by the candidate or his or her mayoral election agent.

(3) Where the appointment of a deputy mayoral election agent under this paragraph is revoked or a deputy mayoral election agent under this paragraph dies, resigns or becomes incapable of acting during a mayoral election, another deputy mayoral election agent may be appointed under this paragraph in his or her place.

(4) A candidate or his or her mayoral election agent shall immediately after the appointment of a deputy mayoral election agent under this paragraph give written notice of his or her appointment and details of his or her name and address to the returning officer.

General provisions as to agents

31. (1) A candidate at a mayoral election or his or her mayoral election agent may appoint persons (in this paragraph referred to as “agents”) to be present on his or her behalf—

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

(b) in polling stations,

(d) at the counting of the votes.

(2) Subject to subparagraph (3), the number of agents who may be appointed to be present on behalf of any candidate shall be fixed by the returning officer and the same number shall be fixed in respect of each candidate.

(3) A candidate or his or her mayoral election agent may appoint one person (in this Part 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.

(4) An appointment under this paragraph may be revoked by the candidate or his or her mayoral election agent.

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

(6) (a) A candidate or his or her mayoral election agent shall, not later than 2 days (disregarding any excluded day) before the polling day, notify the returning officer in writing of—

(i) the name and address of every personation agent appointed by the candidate or his or her mayoral election agent, and

(ii) the polling station for which the personation agent is appointed.

(b) A personation agent appointed in accordance with this paragraph and whose name and address have been duly notified to the 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 under paragraph 6 for the commencement of the poll and ending when the presiding officer has complied with article 72 of the Local Elections Regulations (applied to a mayoral election by paragraph 41).

(7) A candidate or his or her mayoral election agent shall, not later than 2 days (disregarding any excluded day) before the polling day, notify the returning officer in writing of the name and address of every agent appointed by the candidate or his or her mayoral election agent to be present at the opening of the postal ballot boxes, and the returning officer may refuse to admit to the place where the postal ballot boxes are to be opened any agent whose name and address have not been so notified.

(8) A candidate or his or her mayoral election agent shall, not later than 2 days (disregarding any excluded day) before the polling day, notify the returning officer in writing of the name and address of every agent appointed by the candidate or his or her mayoral election agent 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.

(9) Where the appointment of an agent under this paragraph is revoked or an agent appointed under this paragraph dies, resigns or becomes incapable of acting during a mayoral election, the candidate or his or her mayoral election agent may appoint another person (in this paragraph also referred to as an “agent”) to replace the said agent and, where an appointment is made under this subparagraph, the candidate or his or her mayoral election agent shall forthwith notify the returning officer in writing of the name and address of the person appointed under this subparagraph.

(10) A candidate may lawfully do or assist in the doing of any thing that may lawfully be done on the candidate’s behalf by a mayoral election agent, deputy mayoral election agent or an agent appointed under this paragraph and may be present (in addition to, or in substitution for, any such agent) at any place at which any such agent may be present in accordance with this Part.

(11) Anything required by this Part to be done in the presence of the mayoral election agent or other agent of a candidate shall not be invalidated by reason only of the agent’s not being present at the time and place appointed for the doing of such thing.

Officers not to act as agents of candidates, further candidature, etc.

32. (1) A returning officer or a person employed by such officer for any purpose relating to a mayoral election shall not act as an agent for a candidate at that election and shall not further, or assist in the furthering of, the candidature of a candidate or promote or assist in the promotion of the interests of a political party at the election.

(2) A returning officer shall not employ in any capacity for the purposes of the mayoral election—

(a) a person who is or has been employed by or on behalf of a candidate in or in connection with a mayoral election,

(b) a person who is furthering or has furthered the candidature of a candidate in a mayoral election,

(d) a person who is promoting or has promoted the interests of a political party in a mayoral election, or

(e) a person who is assisting or has assisted in the promotion of such interests.

Chapter 6

Death of candidate

Death of candidate

33. (1) Where, not less than 48 hours before the latest time for receiving nominations for a mayoral election, the returning officer becomes satisfied that a candidate standing nominated for the election has died—

(a) the candidature of the candidate shall be deemed to have been withdrawn, and

(b) the returning officer shall immediately give public notice to that effect.

(2) Where, during the period beginning 48 hours before the latest time for receiving nominations and ending on the time fixed under paragraph 6 for the commencement of the poll, the returning officer becomes satisfied that a candidate standing nominated for the election has died, the following provisions shall apply:

(a) if notice of poll has been given, then, notwithstanding an order under paragraph 6 in relation to the mayoral election, the poll shall stand cancelled and the returning officer shall give public notice of the cancellation;

(b) all acts done in connection with the mayoral election (other than a ruling of the returning officer under paragraph 24) shall be void;

(c) a ruling of the returning officer under paragraph 24 that a nomination of a candidate is valid shall be deemed to be a ruling for the purposes of the election to which the notice of election referred to in clause (d) applies;

(d) all the proceedings for the mayoral 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 of giving the public notice under clause (a);

(e) the returning officer shall forthwith publish a notice of election under paragraph 15 for the purposes of a new mayoral election;

(f) at the election to which a notice of election referred to in clause (e) applies—

(i) the earliest time for receiving nominations shall be 10.00 a.m. on the day (disregarding any excluded day) next following the date of the publication of that notice of election, and

(ii) the latest time for receiving nominations shall be 12 noon on the third day (disregarding any excluded day) next following the said date;

(g) the poll at the election to which a notice of election referred to in clause (e) shall be held—

(i) on the seventh day (disregarding any excluded day) after the latest day for receiving nominations during such period (which shall not be less than 12 hours between the hours of 7.00 a.m. and 10.30 p.m.) as shall be fixed by the returning officer, or

(ii) on such day as may be fixed by order under paragraph 6 and during the period provided for in relation to that order under that paragraph,

whichever occurs later;

(h) paragraph 16 shall not apply in relation to the fresh mayoral election and references to the Register of Political Parties contained in paragraph 18 shall, in relation to the fresh mayoral election, be construed as references to the copy of that Register sent to the returning officer in relation to the mayoral election to which the notice of poll referred to in clause (a) related.

(3) Where, at any time after the commencement of the poll at a mayoral election and before the close of such poll, the returning officer becomes satisfied that a candidate standing nominated for election has died—

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

(b) clauses (b) to (g) of subparagraph (2) shall apply.

(4) Where a candidate at a mayoral election dies in circumstances other than those referred to in subparagraph (1), (2) or (3) the death of that candidate shall not invalidate his or her nomination or any preference recorded for the candidate and, if the candidate is elected, such election shall not be invalidated by reason of the candidate’s death, but he or she shall be deemed to have vacated the office of Mayor on the day of his or her death and a by-election shall be held in accordance with this Part.

(5) Where a poll is cancelled under this paragraph, all ballot papers issued to postal voters and special voters relating to that poll shall be disregarded and the returning officer shall destroy all ballot papers received for inclusion in that poll.

Chapter 7

Postal voting

Postal voting

34. (1) Every elector whose name is, at the time of a mayoral election, entered in the postal voters list for the Limerick City and County Electoral Area (in this Part referred to as a “postal voter”) shall be entitled to vote in that Area at the poll at the election by sending a ballot paper by post to the returning officer for the Limerick City and County Electoral Area and shall not be entitled to vote at the election in any other manner.

(2) The returning officer shall, as soon as practicable after the adjournment of an election for the purpose of taking a poll, send to each elector whose name is on the postal voters list for the Limerick City and County Electoral Area, a ballot paper and a form of receipt for such ballot paper 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 returning officer before the close of the poll, it shall be counted by the returning officer and treated for all purposes in the same manner as a ballot paper placed in a ballot box in the ordinary way at the taking of a poll.

(3) This Chapter 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 14(1)(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 a ballot paper (in relation to which the person shall establish that it is unmarked) and a form of declaration of identity;

(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;

(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”.

(4) This Chapter 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 article 33(3) (applied by subparagraph (7)) of the Local Elections Regulations, 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;

(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 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”.

(5) This Chapter 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 article 33(3) (applied by subparagraph (7)) of the Local Elections Regulations, 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 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”;

(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.

(6) In this paragraph—

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

“ballot paper envelope” has the meaning specified in article 33(3) (applied by subparagraph (7)) of the Local Elections Regulations;

“covering envelope” has the meaning specified in article 33(3) (applied by subparagraph (7)) of the Local Elections Regulations;

“relevant official” has the same meaning as it has in section 1 of the Electoral (Amendment) Act 2006 .

(7) Articles 31 to 41 of the Local Elections Regulations shall, subject to the modifications specified in subparagraph (2) of paragraph 1, apply and have effect in relation to postal voting at a mayoral election and, in sending out, receiving and otherwise dealing with the ballot papers of postal voters, the returning officer shall comply with those provisions.

(8) A reference to an agent in articles 31 to 41 of the Local Elections Regulations shall be deemed to include a reference to the mayoral election agent and any person appointed by a candidate or the mayoral election agent to be present at the issue of ballot papers to postal voters or the opening of postal voters ballot boxes.

Chapter 8

Voting by Special Voters

Voting by special voters

35. (1) Every elector whose name is, at the time of a mayoral election, entered in the special voters list for the Limerick City and County Electoral Area (in this Part referred to as a “special voter”) shall be entitled to vote in that Area at the poll at the election in the manner described in article 46 of the Local Elections Regulations and shall not be entitled to vote in any other manner.

(2) 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 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 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”.

(3) Articles 44 to 48 of the Local Elections Regulations shall, subject to the modifications specified in paragraph 1(2), apply and have effect in relation to voting by special voters at a mayoral election and the returning officer shall in delivering, receiving and otherwise dealing with the ballot papers of special voters, comply with those articles.

(4) In this paragraph—

“ballot paper envelope” has the meaning specified in article 45(c) (applied by subparagraph (3)) of the Local Elections Regulations;

“covering envelope” has the meaning specified in article 45(d) (applied by subparagraph (3)) of the Local Elections Regulations;

“special presiding officer” means a person appointed to be a special presiding officer pursuant to article 44 (applied by subparagraph (3)) of the Local Elections Regulations.

Chapter 9

Arrangements for Poll

Notice of poll

36. Where a mayoral election is adjourned for the purpose of taking a poll, the returning officer shall, as soon as practicable after the adjournment, publish a notice (in this Part referred to as the “notice of poll”) stating—

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

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

Ballot papers

37. (1) Subject to clause (b) of subparagraph (2), the ballot of a voter at a mayoral election shall consist of a paper (in this Part referred to as a “ballot paper”) in the form specified in Part 2.

(2) Ballot papers shall be prepared by the returning officer in accordance with the following provisions:

(a) a ballot paper shall contain the names (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) and descriptions of the candidates standing nominated at the election, set out in their respective nomination papers;

(b) a ballot paper may include a photograph of each candidate and the registered emblem of the candidate’s political party (if any) and the form of the ballot paper as specified in Part 2 may be adjusted accordingly in accordance with directions by the Minister;

(c) the surname of each candidate and the name of the candidate’s political party (if any) or, if appropriate, the expression “Non-Party” shall be printed in large capitals, the candidate’s surname and other name shall be printed in small capitals and the address and occupation of the candidate (if any) as appearing in the relevant nomination paper, shall be printed in ordinary characters;

(d) the list of candidates shall be arranged—

(i) in alphabetical order, and

(ii) in one continuous column,

and the space on the ballot paper within which the candidate’s name and description appears shall be the same for each candidate;

(e) 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;

(f) 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;

(g) apart from anything permitted by the form specified in Part 2 and the modifications thereof which may be provided for under clause (b), nothing shall appear on the ballot paper except in accordance with these provisions.

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

Official mark

38. (1) A ballot paper shall, at the time of issue, be marked with an official mark (in this Part referred to as the “official mark”), which shall either be embossed or perforated so as to be visible on both sides of the paper, and the 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 no mark previously used at a mayoral election shall be used at an election under this Part before the expiry of the 10 years next after such previous use.

Application of certain provisions of Part X of Local Elections Regulations

39. Articles 53, 54, 56, 57 and 58 of the Local Elections Regulations shall, subject to the modifications specified in paragraph 1(2), apply and have effect in relation to the arrangements for the poll at a mayoral election.

Polling information cards

40. (1) Where a poll is to be taken at a mayoral election, the returning officer shall send to every elector whose name is on the register of electors and is not on the postal voters list or the special voters list a card (in this paragraph referred to as a “polling information card”), in such form as may be directed by the Minister, which shall inform the elector of his or her number (including polling district letter) on the register of local government electors and of the place at which he or she shall be entitled to vote, and contain a statement in relation to the specified documents referred to in article 73 of the Local Elections Regulations (applied to a mayoral election by paragraph 1(2)), and, where appropriate, include other information concerning the poll, including the address of the polling station.

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

(3) Delivery of a polling information card by post shall be effected without prepayment of charges therefor and by the earliest practicable post.

(4) No action or other proceedings shall lie against a returning officer in respect of—

(a) any failure to send or deliver a polling information card, or

(b) any error or misstatement in a polling information card.

Chapter 10

Poll

Application of Part XI of Regulations of 1995

41. Articles 59 to 73 of the Local Elections Regulations shall, subject to the modifications specified in paragraph 1(2), apply and have effect in relation to the taking of the poll at a mayoral election.

Chapter 11

Arrangement for counting of votes

Time and place for counting of votes

42. (1) The counting of the votes at a mayoral election shall commence not later than the hour of 9.00 a.m. on the day next following the polling day.

(2) The returning officer shall—

(a) appoint a place within the Limerick City and County Electoral Area or convenient to that area as the place at which he or she shall count the votes cast in the election,

(b) at the place so appointed, provide suitable accommodation and all furniture and equipment necessary for counting the votes in accordance with Chapter 12, and

(3) The returning officer shall, where practicable, ensure that a place appointed under subparagraph (2) is accessible to wheelchair users.

Attendance at counting of votes

43. (1) Not less than 4 days (disregarding any excluded day) before the polling day, the returning officer shall notify each candidate in writing of the time and place at which he or she shall proceed to count the votes and of the number of agents each candidate may appoint to be present at the counting of the votes.

(2) The returning officer, the assistants and clerks of the returning officer, members of the Garda Síochána on duty and the mayoral election agent and agents appointed under subparagraph (8) of paragraph 31 of each candidate may be present at the counting of the votes and no other person shall be present without the permission of the returning officer.

(3) The returning officer shall give the mayoral election agent and the agents appointed under subparagraph (8) of paragraph 31 of each candidate all such reasonable facilities for overseeing the proceedings at the counting of the votes (including, in particular, facilities for satisfying themselves that the ballot papers have been correctly sorted) and all such information with respect thereto as the returning officer can give them consistent with the orderly conduct of the proceedings and the performance of the functions of the returning officer.

Preliminary proceedings

44. (1) At the time fixed by the returning officer and at the place appointed under subparagraph (2) of paragraph 42, the returning officer shall, in the presence of the agents of the candidates, open the ballot boxes and extract the ballot papers therefrom.

(2) For the purposes of subparagraph (1), the manner in which a ballot box, being a 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.

(3) (a) The ballot papers extracted by the returning officer from each ballot box shall be counted and their total number shall be compared with the number shown in the appropriate ballot paper account.

(b) The returning officer shall—

(i) prepare a statement of the result of the comparison under clause (a), and

(ii) on request, allow the mayoral agent or agent appointed under subparagraph (8) of paragraph 31 of any candidate to make and keep a copy of the statement.

(4) Where the statement referred to in subparagraph (3) is prepared by a deputy returning officer, the deputy returning officer shall give the statement to the returning officer as soon as practicable after its preparation.

(5) The returning officer shall mix together the whole of the ballot papers and shall proceed to count the votes in accordance with Chapter 12.

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

Times for counting of votes

45. The returning officer shall, as far as practicable, proceed continuously with the counting of votes, except during time for necessary rest and refreshment.

Conduct of counting of votes

46. The returning officer shall cause the ballot papers to be scrutinised for the purpose of discovering any papers liable to be rejected as invalid and shall, in accordance with Chapter 12, ascertain and record the number of votes given to each candidate.

Handling of ballot papers by candidates or agents

47. Candidates or their agents shall not handle ballot papers during the counting of votes.

Chapter 12

Rules for counting of votes

Definitions

48. (1) In this Chapter—

“continuing candidate” means any candidate not deemed to be elected and not excluded;

“count” means any and all of the following:

(a) all the operations involved in the counting of the first preferences recorded for candidates;

(b) all the operations involved in the transfer of the votes of a candidate excluded from the count;

(c) all the operations involved in the transfer of the votes of 2 or more candidates who have been excluded from the count together;

“first preference” means the elector’s first choice candidate to be Mayor indicated by any mark that, in the opinion of the returning officer, indicates that choice;

“next available preference” means a preference which, in the opinion of the returning officer, is a second or subsequent preference recorded in consecutive order for a continuing candidate, the preferences next in order on the ballot paper for candidates already excluded being disregarded;

“original vote”, in relation to any candidate, means a vote derived from a ballot paper on which a first preference is recorded for that candidate.

(2) For the purposes of this Chapter, the deeming of a person to be elected to the office of Mayor shall not operate to prejudice the declaration of the result of the poll at the mayoral election concerned, and references to a candidate’s being deemed to be elected shall be construed accordingly.

Invalid ballot papers

49. (1) Any ballot paper—

(a) that does not bear the official mark,

(b) on which the figure “1” standing alone, or the word “one” or any other mark that, in the opinion of the returning officer, indicates a first preference, is not placed at all or is not so placed as to indicate a first preference for a candidate,

(c) on which the figure “1” standing alone indicating a first preference, or the word “one” or any other mark that, in the opinion of the returning officer, indicates a first preference, is set opposite the name of more than one candidate, or

(d) on which anything is written or marked that, in the opinion of the returning officer, is calculated to identify the elector,

shall be invalid and not counted, but the ballot paper shall not be invalid by reason only of carrying the words “one”, “two”, “three” (and so on) or any other mark which, in the opinion of the returning officer, clearly indicates a preference or preferences.

(2) The returning officer shall—

(a) endorse “rejected” on any ballot paper that under this paragraph is invalid and not to be counted,

(b) prepare a statement in writing of the number of ballot papers rejected under each of the clauses (a), (b), (c) and (d) of subparagraph (1), and

(c) permit any candidate, mayoral agent or agent appointed under subparagraph (7) or (8) of paragraph 31 to make and keep a copy of that statement.

(3) Where the statement referred to in subparagraph (2) is prepared by a deputy returning officer the statement shall be given to the returning officer as soon as practicable after its preparation.

(4) The returning officer may endorse on any ballot paper that he or she does not reject as invalid an indication of the officer’s decision on it without, however, interfering with any mark placed by the elector on the ballot paper.

First count

50. After the ballot papers have been mixed in accordance with subparagraph (5) of paragraph 44, the returning officer shall—

(a) reject any ballot papers that are invalid in accordance with paragraph 49,

(b) arrange the remaining ballot papers in parcels according to the first preferences recorded for each candidate,

(c) count the number of ballot papers in each such parcel and make a record in writing of the number of valid ballot papers, and

(d) credit each candidate with a number of votes equal to the number of valid ballot papers on which a first preference has been recorded for such candidate and the returning officer shall ascertain the number of all valid ballot papers.

Quota

51. (1) After the returning officer has recorded the number of all valid ballot papers in accordance with paragraph 50, he or she shall then divide the number of all valid ballot papers by 2 and the result increased by one (any fractional remainder being disregarded) shall be the number (in this Part referred to as the “quota”) of votes sufficient to secure the election of a candidate.

(2) Where, at the end of any count—

(a) the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be deemed to be elected and no further transfer of votes shall be made, or

(b) the number of votes credited to a continuing candidate exceeds the total of all the votes credited to the other continuing candidates, that candidate shall be deemed to be elected and no further transfer of votes shall be made.

Exclusion of candidate

52. (1) Where, at the end of any count, no candidate has reached the quota and no candidate can be deemed to be elected under clause (b) of subparagraph (2) of paragraph 51, the returning officer shall—

(a) exclude the candidate credited with the lowest number of votes and examine all the ballot papers of that candidate,

(b) arrange the transferable ballot papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates,

(d) place that sub-parcel on top of the parcel of ballot papers of the candidate to whom the transfer is made,

(e) credit the candidate with a number of votes equal to the number of ballot papers in the sub-parcel transferred to him or her in accordance with clause (c),

(f) make a separate sub-parcel of the non-transferable ballot papers and set them aside as finally dealt with.

(2) Where the total of the votes of the 2 or more lowest candidates is less than the number of votes credited to the next highest candidate, the returning officer shall, in one operation, exclude such 2 or more lowest candidates if—

(a) the number of votes credited to the second lowest candidate is greater than one quarter of the quota, or

(b) where the number of votes credited to any one of such 2 or more lowest candidates does not exceed one quarter of the quota, it is clear that the exclusion of the candidates separately in accordance with subparagraph (1) could not result in a number of votes exceeding one quarter of the quota being credited to any such candidate.

(3) (a) If, when a candidate falls to be excluded under this paragraph, 2 or more of the lowest placed candidates have each the same number of votes—

(i) regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the lowest number of original votes shall be excluded,

(ii) regard shall, in a case where the numbers of original votes are equal, be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes, and the candidate with the lowest number of votes at that count shall be excluded, and

(iii) the returning officer shall determine by lot which candidate or candidates shall be excluded where the numbers of votes credited to those candidates were equal at all counts thus far.

(b) A determination by lot for the purposes of clause (a) shall be conducted as follows:

(i) the names of the candidates concerned shall be written on similar slips of paper;

(ii) the slips shall then be folded so as to prevent the identification of any such candidate therefrom;

(iii) the slips shall then be mixed together;

(iv) each slip shall then be drawn at random by the returning officer.

(4) In this paragraph—

“non-transferable ballot paper” means a ballot paper on which no subsequent preference is recorded for a continuing candidate, and includes a ballot paper—

(a) on which the names of 2 or more candidates (whether continuing candidates or not) are marked with marks that, in the opinion of the returning officer, indicate the same order of preference and are next in order of preference,

(b) on which the name of the candidate next in order of preference (whether a continuing candidate or not) is marked with a mark that, in the opinion of the returning officer, does not follow consecutively after some other mark on the ballot paper, or with 2 or more marks indicating different orders of preference, or

“transferable ballot paper” means a ballot paper on which—

(a) a subsequent preference is indicated for a continuing candidate, or

(b) subsequent preferences are indicated in consecutive numerical order for continuing candidates.

Recount

53. (1) (a) Any candidate or the mayoral election agent of a candidate may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the ballot papers examined during that count, and the returning officer shall accede to that request without making any alterations to the arrangement of the ballot papers in their respective parcels, save where such alterations may be necessary in consequence of any error discovered in the recount.

(b) Nothing in this subparagraph shall be construed as obliging the returning officer to re-examine or recount any particular parcel of ballot papers more than once.

(2) The returning officer may, at his or her discretion—

(a) recount ballot papers once, or

(b) recount ballot papers more than once if he or she is not satisfied as to the accuracy of any particular count,

and the power of a returning officer under this paragraph shall extend to ballot papers examined at an earlier count than the immediately preceding count.

(3) (a) Not more than one request may be made by any candidate or his or her mayoral election agent for a re-examination and recount of all parcels of ballot papers, and the returning officer shall accede to that request.

(b) In a re-examination and recount pursuant to a request under this paragraph, the number or order of ballot papers in any parcel shall not be altered.

(c) Nothing in this subparagraph shall be construed as obliging the returning officer to re-examine or recount any particular parcel of ballot papers more than once, but if in the course of the examination and recount an error is discovered that, in the opinion of the returning officer, is a significant error likely to affect the result of the election, the returning officer shall count all the papers afresh from the point at which the error occurred.

(d) Nothing in this subparagraph shall be construed as obliging the returning officer to accede to a request under this paragraph that, in the opinion of the returning officer, is frivolous or vexatious.

(e) A request under this subparagraph may be made at the conclusion of a count only.

(4) Where, in the course of a re-examination and recount under this paragraph, the returning officer discovers an error in the original examination and count, he or she shall, where necessary, amend any results previously announced by him or her.

(5) Where a candidate or his or her mayoral election agent withdraws a request made by him or her under subparagraph (3), the returning officer may, at his or her discretion, decide not to proceed or proceed further with the re-examination and recount.

Declaration of result of poll

54. Upon the completion of the counting of the votes of a poll at a mayoral election, the returning officer shall determine and declare the result of the poll and the candidate deemed to be elected shall stand elected.

Return of person elected

55. (1) The returning officer shall, by certificate in writing, make a return of the person elected to be Mayor to the director general—

(a) as soon as practicable after the result of the poll has been declared in accordance with paragraph 54, or

(b) where no poll takes place by reason of one candidate only having been nominated at the mayoral election, when such person has been declared elected in accordance with subparagraph (2) of paragraph 29.

(2) A certificate referred to in subparagraph (1) shall—

(a) state the name and description of the person elected to be Mayor, and

(b) be signed by the returning officer.

(3) The returning officer shall give public notice of the name and description of the candidate elected and, in the case of a contested election of—

(a) the total number of votes cast for each candidate (whether or not elected to be Mayor),

(b) any transfer of votes, and

(4) The returning officer shall send a copy of the notice referred to in subparagraph (3) to the Minister.

Decision of returning officer

56. The decision of the returning officer (whether expressed, or implied by his or her acts), on any question that arises in relation to—

(a) the exclusion of any candidate under paragraph 52, or

(b) any ballot paper or transfer of votes,

shall be final, subject only to reversal on a petition questioning the election.

Chapter 13

Retention, inspection and disposal of documents

Retention and disposal of documents by returning officer

57. (1) On the completion of the counting of the votes, the returning officer shall place in separate sealed packets—

(a) the counted ballot papers,

(b) the ballot papers rejected at the counting of the votes,

(d) the counterfoils of ballot papers issued at polling stations,

and shall mark on each such packet particulars of its contents and the date of the polling day at the election.

(2) The returning officer shall also place in separate sealed packets—

(a) the marked copies of the register of electors,

(b) the ballot paper accounts and the statement prepared in accordance with paragraph 44,

(c) the nomination papers of the candidates (whether valid or invalid) and the certificates of political affiliation, and

(d) the authorisations to electors to vote at other polling stations,

and shall mark on each such packet particulars of its contents and the date of the polling day at the election.

(3) The returning officer shall—

(a) retain—

(i) the documents referred to in subparagraphs (1) and (2),

(ii) the documents referred to in article 41 of the Local Elections Regulations (applied by paragraph 34), and

(iii) the documents referred to in paragraph (2) of article 47 (applied by subparagraph (3) of paragraph 35) of the Local Elections Regulations,

for the period of 6 months commencing on the date of the certificate of the return under paragraph 55, and

(b) upon the expiration of that period, shall cause those documents to be destroyed unless—

(i) otherwise directed by an order of a court having jurisdiction to decide petitions questioning the election, or

(ii) the returning officer has reason to believe that the documents may be required for a purpose referred to in subparagraph (2) of paragraph 58.

Inspection of ballot papers

58. (1) No person shall be permitted to inspect any of the following documents except in accordance with an order of the High Court:

(a) the counterfoils of the ballot papers sent to postal voters under article 33 of the Local Elections Regulations (applied by paragraph 34);

(b) the counterfoils of the ballot papers delivered to special voters under article 46 of the Local Elections Regulations (applied by subparagraph (3) of paragraph 35);

(c) the documents referred to in paragraphs (2) and (3) of article 41 of the Local Elections Regulations (applied by paragraph 34);

(d) the documents referred to in subparagraph (1) of paragraph 57.

(2) An order referred to in subparagraph (1) shall not be made unless the court is satisfied that the inspection of the documents concerned is required for the purpose of—

(a) bringing or prosecuting an offence under Chapter 14, or

(b) a petition under Chapter 15.

(3) An order referred to in subparagraph (1) may be made subject to such conditions as to persons, time and place and manner of inspection as the court considers necessary or expedient and shall make provision to ensure that the manner in which any vote was cast shall not be disclosed.

(4) Where an order is made under subparagraph (1), the production by a returning officer of a document referred to in that subparagraph for inspection shall be sufficient to prove that the document relates to the specified election, and any endorsement appearing on any packet so produced shall, until the contrary is shown, be sufficient evidence that the contents of such packet are what they are stated to be in such endorsement.

Inspection of certain other documents

59. (1) All documents relating to a mayoral election retained by the returning officer in accordance with paragraph 57 (other than documents referred to in paragraph 58) shall be open to inspection by members of the public at such time and under such conditions as may be specified by the returning officer.

(2) The returning officer shall supply copies of, or copies of extracts from, documents to which subparagraph (1) applies upon the request of any person and on the payment by such person of a fee to defray the reasonable cost of making such copies.

Chapter 14

Electoral offences

Personation

60. (1) A person who—

(a) applies for a ballot paper for a mayoral election in the name of another person (whether or not living and whether or not fictitious), or

(b) having obtained a ballot paper for a mayoral election in his or her name applies for another such ballot paper (except in circumstances to which article 64 (applied by paragraph 41) of the Local Elections Regulations applies),

shall be guilty of an offence.

(2) A person to whom a ballot paper has been issued in accordance with article 33 (applied by paragraph 34) of the Local Elections Regulations shall be deemed to have obtained a ballot paper for the purposes of subparagraph (1).

(3) A person who aids, abets, counsels or procures the commission of an offence under subparagraph (1) shall be guilty of an offence.

Bribery

61. (1) A person shall not, in relation to a mayoral election—

(a) give valuable consideration to any person—

(i) for the purpose of inducing any person to vote in a mayoral election,

(ii) for the purpose of procuring the election of any person as Mayor or the vote of any voter in a mayoral election, or

(iii) on account of a voter having voted in a mayoral election,

(b) procure by means, or in consequence, of valuable consideration having been given to any person, the election of any person as Mayor or the vote of any voter in a mayoral election,

(c) withdraw, or refrain from withdrawing, one’s candidature in a mayoral election in consequence of the giving of valuable consideration to any person,

(d) induce by means, or in consequence, of valuable consideration having been given, to any person the withdrawal of the candidature in a mayoral election of any person or the decision of any candidate in a mayoral election not to withdraw his or her candidature, or

(e) receive, or enter into an agreement for the receipt of, valuable consideration for a person’s voting or agreeing to vote in a mayoral election.

(2) A person who contravenes subparagraph (1) shall be guilty of an offence.

(3) A person who aids, abets, counsels or procures the commission of an offence under this paragraph shall be guilty of an offence.

(4) In this paragraph—

“give”, “induce” and “procure” include agreeing or promising or attempting to give, induce or procure, as the case may be, whether directly or indirectly;

“valuable consideration” includes the giving, lending or agreeing to give or lend, or the offer or promise to procure or to attempt to procure, any money, money’s worth or valuable security or any office, place or employment to or for any person;

“vote” includes voting in a particular way or refraining from voting.

Undue influence

62. (1) A person who, in relation to a mayoral election, directly or indirectly—

(a) uses, or threatens to use, force or violence or uses, or threatens to use, any restraint against any person,

(b) inflicts, or threatens to inflict, any spiritual or temporal loss or injury on any person, or

for the purpose of inducing or compelling any person to—

(i) vote or refrain from voting in a mayoral election,

(ii) vote or refrain from voting—

(I) for a particular person, or

(II) in a particular manner,

in a mayoral election,

(iii) stand as a candidate in a mayoral election, or

(iv) withdraw, or refrain from withdrawing, his or her candidature in a mayoral election,

shall be guilty of an offence.

(2) A person who, in relation to a mayoral election, directly or indirectly—

(a) uses, or threatens to use, force or violence or uses, or threatens to use, any restraint against any person,

(b) inflicts, or threatens to inflict, any spiritual or temporal loss or injury on any person, or

for the purpose of impeding or preventing any person from—

(i) standing as a candidate in a mayoral election, or

(ii) exercising his or her right to vote in a mayoral election,

shall be guilty of an offence.

Breach of secrecy

63. (1) A person who is present at the issue of ballot papers to postal voters, voting by special voters or the opening of postal ballot boxes at a mayoral election and who—

(a) before the poll at that election closes, discloses to any person any information obtained while so present relating to the official mark,

(b) attempts, while so present, to ascertain the number on the back of any ballot paper or the candidate for whom any vote is given on any ballot paper, or

(c) discloses to any person the number on the back of any ballot paper or the candidate for whom any vote is given on any ballot paper,

shall, unless authorised by law to so do, be guilty of an offence.

(2) A person admitted to a polling station for any reason at a mayoral election who discloses to any person—

(a) the name or number on the register of electors of an elector who has not applied for a ballot paper,

(b) the name or number on the register of electors of an elector who voted at a polling station in that election, or

before the poll closes shall, unless authorised by law to so do, be guilty of an offence.

(3) A person who—

(a) while present at the counting of the votes at a mayoral election, ascertains or attempts to ascertain the number on the back of any ballot paper, or

(b) discloses to any person information obtained while so present as to the candidate for whom any vote is given on any ballot paper,

shall, unless authorised by law to so do, be guilty of an offence.

(4) A person who, at a mayoral election—

(a) interferes with or attempts to interfere with an elector when the elector is marking a ballot paper, or

(b) while in a polling station, obtains or attempts to obtain information as to the candidate for whom any elector in the station proposes to vote or has voted,

shall, unless authorised by law to so do, be guilty of an offence.

(5) A person who, at a mayoral election, discloses to any person information obtained in a polling station relating to—

(a) the candidate for whom an elector in that station proposes to vote or has voted, or

(b) the number on the back of the ballot paper issued to an elector at that station,

shall, unless authorised by law to so do, be guilty of an offence.

(6) A person who directly or indirectly induces an elector at a mayoral election to display a ballot paper after the elector has marked it so as to make known to any person the name of the candidate for whom the elector voted or did not vote shall, unless authorised by law to so do, be guilty of an offence.

(7) A person who, at a mayoral election—

(a) interferes, or attempts to interfere, with the receipt, marking or return of a ballot paper by any postal voter, or

(b) attempts to obtain information as to the candidate for whom any such voter voted or did not vote,

shall, unless authorised by law to so do, be guilty of an offence.

Offences relating to ballot boxes, ballot papers, nomination papers, certificates of political affiliation, official marks, etc.

64. A person who—

(a) wilfully and without lawful authority, takes, destroys, conceals, opens or otherwise interferes with—

(i) any ballot box,

(ii) any packet of ballot papers,

(iii) any packet of papers or documents of any kind then in use or intended to be used for the purposes of a mayoral election,

(iv) any ballot paper account or marked copy of a register of electors prepared or used for the purposes of the election, or

(v) any unused ballot paper,

(b) maliciously destroys, tears, or defaces a ballot paper,

(d) without lawful authority, supplies a ballot paper to any person,

(e) fraudulently puts into a ballot box any paper other than the ballot paper that the person is authorised by law to put in it,

(f) without lawful authority, removes a ballot paper from a polling station,

(g) forges or fraudulently defaces or fraudulently destroys—

(i) any nomination paper,

(ii) any certificate of political affiliation,

(iii) any authorisation under article 61 or 62 of the Local Elections Regulations (applied by paragraph 41),

(iv) any official envelope or form of declaration of identity or form of receipt used in connection with special voting or voting by post, or

(v) any other form or document used at a mayoral election,

(h) produces to the returning officer a document purporting to be a nomination paper knowing it to be forged,

(i) counterfeits the official mark, or

(j) wilfully and without lawful authority—

(i) removes, destroys or damages any instrument used for placing the official mark on ballot papers, or

(ii) makes or has in his or her possession any device or instrument used or designed to be used to produce a counterfeit of the official mark,

shall be guilty of an offence.

Disorderly conduct at election meeting

65. (1) A person who, during the period commencing on the date of publication of the notice of election and ending on the date on which the return is made of a person elected to be the Mayor under paragraph 55, acts in a disorderly manner at a lawful public meeting held in connection with a mayoral election shall be guilty of an offence.

(2) A person who aids, abets, counsels or procures the commission of an offence under subparagraph (1) shall be guilty of an offence.

Omission of name and address of printer and publisher from election documents

66. (1) A person who prints, publishes, or posts, or causes to be printed, published or posted, any notice, bill, poster or similar document promoting or furthering the candidature of a candidate in a mayoral election that does not bear upon its face the name and address of the printer and the publisher thereof shall be guilty of an offence.

(2) Subparagraph (1) shall not apply as respects a notice, bill, poster or similar document printed, published or posted by a returning officer.

(3) In this paragraph, “print” includes any process for producing copies of a notice, bill, poster or similar document, other than copying it by hand.

Nominating or withdrawing candidate without consent

67. (1) A person shall not—

(a) nominate another person to be a candidate in a mayoral election, or

(b) withdraw, purport to withdraw or attempt to withdraw the candidature of a candidate in a mayoral election,

without the consent of the person referred to in clause (a) or the candidate referred to in clause (b), as may be appropriate.

(2) A person who contravenes subparagraph (1) shall be guilty of an offence.

Forged certificate of political affiliation

68. A person who produces to a returning officer a forged document purporting to be a certificate of political affiliation that that person knows to be forged shall be guilty of an offence.

False declaration on nomination paper

69. (1) An ineligible person who makes a declaration on a nomination paper at a mayoral election that he or she believes himself or herself to be eligible for election at that election shall be guilty of an offence.

(2) A person who makes a declaration on a nomination paper at a mayoral election that he or she believes an ineligible person to be eligible for election at that election shall be guilty of an offence.

(3) In proceedings for an offence under this paragraph, it shall be a defence for the defendant to show that he or she had reasonable grounds for believing that the candidate was eligible for election.

(4) In this paragraph, “ineligible person” means a person who is not eligible to be elected to be Mayor.

Officer acting as agent of candidate or furthering candidature

70. A returning officer, deputy returning officer or any person employed by any such officer who, for any purpose relating to a mayoral election—

(a) acts as mayoral election agent or other agent for any candidate at that election, or

(b) furthers or promotes the candidature of any candidate or the interests of any political party at that election,

shall be guilty of an offence.

Obstruction of nomination or poll

71. A person who at a mayoral election obstructs by violence the nomination of candidates or the poll shall be guilty of an offence.

Damages for breach of duty by officers, etc.

72. A person in whom functions vest under this Part who, without reasonable cause, fails or refuses to perform any such function shall be liable to an action for damages in respect of any loss or damage incurred by any other person by reason of the failure or refusal concerned.

Interference with or destruction of postal ballot papers

73. (1) Any person who, wilfully and without lawful authority—

(a) takes, destroys, conceals, opens or otherwise interferes with any ballot paper or other document sent to a postal voter at a mayoral election under this Part, or

(b) supplies any such ballot paper or other document to a person other than the person lawfully entitled to receive it,

shall be guilty of an offence.

(2) A person who aids, abets, counsels or procures the commission of an offence under this paragraph or who causes or incites any other person to commit such an offence shall be guilty of an offence.

Obstruction of or interference with electors

74. (1) A person who, wilfully and without lawful authority, interferes with, obstructs or impedes an elector—

(a) going to or from a polling station, or

(b) in or in the vicinity of a polling station,

shall be guilty of an offence.

(2) A person who, during the specified period—

(a) loiters or congregates with other persons,

(b) attempts to induce, by any means—

(i) an elector to vote for a particular candidate or candidates, or

(ii) an elector to vote in a particular way or refrain from voting,

(c) displays or distributes any notice, sign, poster, card, circular or other document (other than a notice, sign or poster displayed by the returning officer) relating to the election concerned, or

(d) uses or causes to be used any loud-speaker or other public address mechanism to publish or broadcast matter relating to the election,

in or in the curtilage of a polling station or in any place within 50 metres of such station, for the purpose of—

(i) promoting the interest of a political party or promoting or furthering the candidature of a candidate or candidates, or

(ii) soliciting votes for a candidate or candidates or for any contrary purpose,

shall be guilty of an offence.

(3) For the purpose of this paragraph, 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 situated and the distance referred to in subparagraph (2) shall be measured from any entrance to the polling station or to the curtilage thereof.

(4) In this paragraph, “specified period” means, in relation to a poll at a mayoral election, the period—

(a) commencing 30 minutes before the time appointed for the taking of the poll (including a poll that has been adjourned under article 69 (applied by paragraph 41) of the Local Elections Regulations), and

(b) ending 30 minutes after the close of the poll.

Personation agent leaving polling station without permission

75. (1) A personation agent shall not, during the hours fixed under paragraph 6 for the holding of the poll at a mayoral election, leave the polling station to which the personation agent is appointed without first obtaining the permission of the presiding officer and depositing with the presiding officer all registers, books and documents in which the personation agent has made any note, writing or mark during the poll.

(2) A personation agent who contravenes subparagraph (1) shall be guilty of an offence.

(3) A personation agent who contravenes subparagraph (1) shall not return to the polling station referred to in that subparagraph without first obtaining the permission of the presiding officer.

Prohibition on voting by person registered as elector when not entitled to be so registered

76. (1) A person—

(a) who is registered in the register of electors but is not entitled to be so registered, or

(b) who is not registered in that register,

shall not vote at a mayoral election.

(2) A person who contravenes subparagraph (1) shall be guilty of an offence.

Unlawful marking of ballot papers by person acting as companion

77. A person who contravenes paragraph (8) or (9) of article 65 (applied by paragraph 41) of the Local Elections Regulations shall be guilty of an offence.

False statement of withdrawal or death of candidate

78. A person who, between the date of publication of the notice of election and the date on which the return is made of the person elected to be Mayor under paragraph 55, publishes a false statement of the withdrawal or death of a candidate at the election that he or she knows to be false shall be guilty of an offence.

Misleading statement as to process of voting

79. Any person who, before or during a mayoral election, makes or publishes any statement that is likely to mislead voters as to the process of voting at the election and that he or she knows to be so misleading shall be guilty of an offence.

Handling of ballot papers by candidate or agent

80. A candidate in a mayoral election or a mayoral agent or other agent of such a candidate who handles a ballot paper during the counting of the votes at a mayoral election shall be guilty of an offence.

Unauthorised inspection of documents

81. A person who, without lawful authority, inspects a document to which paragraph 58 applies shall be guilty of an offence.

Corrupt withdrawal of petition

82. A person who makes an agreement or gives an undertaking to withdraw a petition presented under Chapter 15—

(a) in consideration of any payment,

(b) in consideration of the person deemed to have been elected to the office of Mayor relinquishing that office, or

shall be guilty of an offence.

Limitation of time for prosecution of offence

83. Notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act 1851 , proceedings for an offence under paragraph 66, 75 or 80 may be instituted—

(a) not later than 12 months from the date of the offence, or

(b) in the case of an offence committed in relation to a mayoral election as respects which proceedings are before the High Court under Chapter 15—

(i) not later than 12 months from the date of the offence, or

(ii) not later than 3 months from the conclusion of those proceedings,

whichever occurs later, but proceedings for an offence to which this clause applies shall not be instituted after the expiration of 2 years from the date of the offence.

Penalties

84. (1) A person guilty of an offence under this Chapter (other than an offence referred to in subparagraph (2)) shall be liable—

(a) on summary conviction, to a class D fine or imprisonment for a period not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €3,200 or imprisonment for a period not exceeding 2 years or both.

(2) A person guilty of an offence under paragraph 66, 75 or 80 shall be liable on summary conviction to a fine not exceeding €600 or imprisonment for a period not exceeding 3 months or both.

Compensation where certain charge is unjustly made or not prosecuted

85. Where any person is arrested under article 67 of the Local Elections Regulations (applied by paragraph 41) on a charge made by a personation agent that such person has committed the offence of personation and either such personation agent (or someone on the agent’s behalf) fails to appear before the court and support the charge, or the court acquits the person of having committed the offence and finds that the charge was made by the personation agent without reasonable or just cause, the court may, at the request of the person so charged but not otherwise, order the personation agent to pay to the person such sum not exceeding €600 as the court shall think proper by way of damages, and such sum when duly paid shall be accepted by the person so charged in full satisfaction of all claims by that person in respect of damages arising from the said charge and arrest and detention thereon.

Certificate of returning officer to be prima facie evidence

86. In any proceedings for an offence in relation to a mayoral election, a document purporting to be signed by the returning officer for that election certifying that the election was duly held and that a particular person was a candidate in the election shall be evidence unless the contrary is shown of those matters stated.

Chapter 15

Petitions

Interpretation

87. In this Chapter—

“costs” includes charges and expenses;

“electoral offence” means an offence under—

(a) Chapter 14, or

(b) Part X of the Electoral Act 1997 ;

“petition” means a petition presented to the High Court under this Chapter.

Questioning mayoral election

88. (1) A mayoral election shall not be questioned except by a petition.

(2) A petition shall not be presented under this Chapter without the leave of the High Court.

(3) An application for leave to present a petition under this Chapter may be made to the High Court—

(a) not later than 14 days after the day on which the returning officer declares the result of the mayoral election,

(b) in the case of an allegation of a contravention of subparagraphs (1) or (3) of paragraph 61, not later than 14 days after the day on which the contravention is alleged to have occurred, or

(c) in the case of an allegation of a failure (before, on or after the returning officer declares the result of the mayoral election) to comply with Part X of the Electoral Act 1997 , not later than 14 days after the laying of a copy of a statement of election expenses before each House of the Oireachtas in accordance with section 106 of that Act.

(4) An application to which clause (b) or (c) of subparagraph (3) applies may be made even where the High Court has already considered and adjudicated upon a petition presented by or on behalf of a person other than the person who or on whose behalf the application is made in relation to the declaration of the result of the mayoral election concerned.

(5) An application for leave to present a petition under this Chapter may be made by—

(a) a person whose name is entered on the register of electors,

(b) a person who would be entitled to have his or her name entered in that register were he or she to apply to have his or her name so entered, or

(c) the Director of Public Prosecutions if it appears to him or her that grounds exist for believing that the result of the mayoral election concerned may have been affected by the commission of an offence under this Part.

(6) The High Court shall, upon an application under this paragraph, grant leave to present a petition under this Chapter if, in relation to the mayoral election concerned, it is satisfied that there is prima facie evidence of a ground referred to in paragraph 92.

Presenting of petition

89. (1) A petition shall be presented to the High Court by lodging it in the Central Office of that court not later than 3 days after the grant of leave under paragraph 88.

(2) Where a petition is presented to the High Court in accordance with subparagraph (1), the person (in this Chapter referred to as the “petitioner”) by whom, or on whose behalf, the petition is presented shall, as soon as may be after its having been so presented, give a copy of the petition to—

(a) the person deemed to be elected Mayor in accordance with the declaration under paragraph 54,

(b) the Minister,

(d) the director general, and

(e) the Director of Public Prosecutions, unless the petitioner is the Director of Public Prosecutions.

Security for costs

90. (1) The Central Office shall not accept the lodgement of a petition under subparagraph (1) of paragraph 89 until the petitioner lodges with that office—

(a) security in the sum of €6,350, or

(b) such lesser sum as the High Court may require in accordance with subparagraph (2),

for costs that may become payable by the petitioner should the High Court adjudicate against the petitioner on the question to which the petition relates.

(2) Where the High Court is satisfied that—

(a) a petitioner is unable to lodge the sum specified in subparagraph (1), or

(b) to require a petitioner to lodge the said sum would cause the petitioner undue financial hardship,

the court may require the petitioner to lodge such lesser amount as the court considers appropriate.

(3) The security required to be given by a petitioner in accordance with this paragraph shall be given by—

(a) recognisances entered into by any number, not exceeding 4, of sureties satisfactory to the court,

(b) a deposit of money by the petitioner, or

(4) This paragraph shall not apply to a petition presented by the Director of Public Prosecutions.

Particulars in petition

91. A petition shall be signed and dated by the petitioner and shall specify—

(a) the mayoral election to which it relates,

(b) the grounds on which it is based,

(d) the name and address of the petitioner and of the petitioner’s solicitor or agent (if any).

Grounds for petition

92. (1) A mayoral election may be questioned on the grounds that—

(a) the candidate at a mayoral election was not eligible for election, or

(b) the result of the mayoral election in accordance with a declaration made under paragraph 54 was likely to have been affected by—

(i) the commission of an electoral offence,

(ii) the obstruction of, or interference with, the conduct of the election,

(iii) mistake or other irregularity, or

(iv) the failure by the returning officer to conduct the election in accordance with this Part.

(2) A mayoral election shall not be declared invalid by reason only of—

(a) a failure to comply with Part X of the Electoral Act 1997 , or

(b) any mistake in the use of forms provided for in that Part,

if it appears to the High Court, upon the hearing of a petition under this Chapter, that a candidate or party, as the case may be, acted in good faith and complied with the principles of that Part taken as a whole and that such failure or mistake did not materially affect the result of the election.

(3) Notwithstanding any other provision of this Chapter, a petition shall not be dismissed by reason only of an informality in its contents that does not materially affect its substance.

Hearing of petition

93. (1) A petition shall be heard by the High Court.

(2) The High Court shall fix the earliest practicable date to be the date for the commencement of the hearing of the petition.

(3) Where, after the commencement of the hearing of a petition under this Chapter and before final judgment is given in relation to the petition, the person to whose election the petition relates dies or resigns, the High Court may, if it considers that the interest of justice so require, continue to hear the petition.

(4) The Director of Public Prosecutions may at any stage be joined as a party to the proceedings consisting of the hearing of a petition by the High Court on either his or her application or the direction of the court.

(5) Upon the direction of the High Court, the returning officer for the Limerick City and County Electoral Area shall—

(a) attend the hearing of a petition under this Chapter, and

(b) give all such assistance to the court as it may require.

(6) Subparagraph (5) is without prejudice to the returning officer’s being a party to the proceedings concerned or being called as a witness in such proceedings.

Matters relating to final order on trial of petition

94. (1) The order of the High Court, upon the hearing of a petition under this Chapter, shall contain a declaration deciding the question in the petition.

(2) A decision under subparagraph (1) shall consist of—

(a) the dismissal of the petition and the upholding of the result declared under paragraph 54 of the poll in the mayoral election concerned, or

(b) a declaration that the mayoral election concerned was, in whole or in part, not conducted in accordance with this Part.

(3) Where the High Court makes a declaration under clause (b) of subparagraph (2), it shall include with the declaration a statement of its reasons.

(4) The court shall, as soon as practicable after it has made a decision under subparagraph (1), give a copy of the decision to—

(a) the person to whose election the decision relates,

(b) the Minister,

(d) the director general, and

(e) the Director of Public Prosecutions, unless the petitioner is the Director of Public Prosecutions.

(5) The court shall have power to make such amendments in the return of the person elected made to the director general by the returning officer under paragraph 55 as it considers necessary in consequence of its decision on a petition.

(6) As soon as practicable after a copy of the decision is given to the director general in accordance with subparagraph (4), the director general shall inform the members of Limerick City and County Council of the terms of the decision.

Counting of votes afresh

95. (1) The High Court may, upon the hearing of a petition under this Chapter and in addition to the order under paragraph 94, make an order directing that—

(a) all votes cast in the poll concerned be counted afresh, or

(b) all votes so cast and recorded on the ballot papers contained in a particular parcel be so counted.

(2) Subject to subparagraphs (3) and (4), votes to which an order under this paragraph applies shall be counted afresh under the direction of the High Court, and Chapter 12 shall apply mutatis mutandis to such counting.

(3) Where votes are counted afresh in accordance with an order under this paragraph, the following preferences on a ballot paper shall be disregarded:

(a) preferences recorded on ballot papers that are invalid by virtue of subparagraph (1) of paragraph 49;

(b) preferences recorded on forged or counterfeited ballot papers;

(c) preferences recorded for any person who, with respect to the mayoral election, is found by the court not to have been eligible to be elected to be Mayor.

(4) The court shall have power to reverse any decision of the returning officer at the original count.

(5) The costs of complying with an order under this paragraph shall be paid out of moneys provided by Limerick City and County Council.

Appeal to Supreme Court

96. (1) Subject to subparagraph (2), the decision of the High Court under paragraph 95 shall be final.

(2) Any party to proceedings in the hearing of a petition may appeal the decision of the High Court under paragraph 95 to the Supreme Court on a point of law only.

New mayoral election

97. (1) Subject to subparagraph (2), where the High Court makes a declaration under clause (b) of subparagraph (2) of paragraph 94, a new mayoral election shall be held in accordance with this Part and, accordingly a notice of election in respect of such election shall be published in accordance with paragraph 15 not later than 3 months after the making of the declaration.

(2) Subparagraph (1) shall not apply if the holding of the new election would, but for this paragraph, take place during the period of 3 months before the 1st day of May in any year in which an election referred to in section 26 of the Principal Act is required to be held.

Withdrawal of petition

98. (1) A petition shall not be withdrawn without the leave of the High Court.

(2) The High Court shall not grant leave to withdraw a petition unless it is satisfied that the notice given under subparagraph (5) was reasonable.

(3) Where a petition was presented by, or on behalf of, more than one person, the High Court shall not grant leave to withdraw the petition unless it is satisfied that each such person agrees to the withdrawal.

(4) An application for leave to withdraw a petition in accordance with this paragraph shall be accompanied by an affidavit sworn by the applicant stating—

(a) the reasons for the proposed withdrawal, and

(b) that, to the best of the applicant’s knowledge and belief, no agreement or undertaking has been made or entered into in relation to the withdrawal of the petition—

(i) in consideration of any payment,

(ii) in consideration of the person deemed to have been elected to the office of Mayor relinquishing that office, or

(iii) for any substantive reason not stated in the affidavit,

and, in the case of an intention to make an application to which subparagraph (3) applies, each petitioner shall, unless the High Court otherwise directs, swear an affidavit under this subparagraph.

(5) A petitioner who intends to apply for leave to the High Court to withdraw a petition shall, before making the application—

(a) publish a notice in at least 2 daily newspapers circulating in the Limerick City and County Electoral Area of his or her intention to so apply stating the time and place at which the application shall be made and that any person to whom subparagraph (5) of paragraph 88 applies may apply to the court to be substituted for the petitioner in the proceedings concerned, and

(b) except in the case of a petition presented by the Director of Public Prosecutions, give to the Director of Public Prosecutions a notice of the time and place at which the application shall be made and a copy of the affidavit referred to in subparagraph (4),

and, in the case of an application to which clause (b) applies, the Director of Public Prosecutions may be represented at the hearing of, and may oppose, the application.

(6) The grant of leave by the High Court to withdraw a petition shall not affect the liability of any person for the costs incurred up until the date of such grant in relation to the petition.

(7) On the hearing of an application by a petitioner under this paragraph, any person to whom subparagraph (5) of paragraph 88 applies may apply to the High Court to be substituted for the petitioner in proceedings for the hearing of the petition concerned.

(8) Upon an application to withdraw a petition under this paragraph, the High Court may, instead of granting leave to withdraw the petition and where it considers appropriate, direct that a person who makes an application under subparagraph (7) shall, in the proceedings for the hearing of the petition, be substituted for the petitioner who made the first-mentioned application, and references in this Chapter to petitioner shall be construed as including references to a person so substituted.

Substitution of new petitioner following withdrawal

99. (1) Where the High Court—

(a) gives a direction under subparagraph (8) of paragraph 98, and

(b) is of the opinion that the petitioner applied for leave to withdraw the petition concerned pursuant to an agreement or undertaking referred to in paragraph 82,

the court may direct that the security for costs given by that petitioner shall continue to be the security for the costs that may be incurred by the person (in this paragraph referred to as the “substituted petitioner”) whose name was substituted in the proceedings for the hearing of the petition in accordance with the said direction and that, to the extent only of the sum named in the security or of which the security consists, the first-mentioned petitioner and his or her sureties (if any) shall be liable to pay the costs of the substituted petitioner.

(2) Where the High Court—

(a) gives a direction under subparagraph (8) of paragraph 98 but does not give a direction under subparagraph (1), or

(b) substitutes a petitioner under subparagraph (4) of paragraph 100,

the security required by paragraph 90 in the case of a new petition, and subject to the like conditions, shall be given by the substituted petitioner, and in case such security is not so given, no further proceedings shall be had on the petition and the petition shall abate, but the abatement shall not affect the liability of any person (or of the estate of such person) for the payment of costs previously incurred.

Abatement of petition

100. (1) (a) Where a petitioner dies before final judgment is given in proceedings in relation to the petition concerned, proceedings in relation to the petition shall stand abated.

(b) Clause (a) shall not apply where the petition was presented by more than one petitioner unless all such petitioners die before final judgment is given in relation to the petition.

(2) The abatement of proceedings under subparagraph (1) shall not affect the liability of any person to pay costs incurred prior to such abatement.

(3) Any person to whom subparagraph (4) of paragraph 88 applies may, not later than 14 days after the abatement of proceedings in relation to a petition under this paragraph, apply to the High Court to be substituted for the deceased petitioner in the proceedings.

(4) Upon an application under subparagraph (3), the High Court may, where it considers appropriate, direct that the applicant be substituted for the deceased petitioner, and references in this Chapter to petitioner shall be construed as including references to a person so substituted.

(5) Upon the giving of a direction under subparagraph (4), the proceedings concerned shall be continued.

Effect of certain declarations by court

101. (1) Where, on the hearing of a petition under this Chapter, the High Court decides that—

(a) the person deemed to be elected Mayor in accordance with the declaration under paragraph 54 was not eligible to be elected to be Mayor, or

(b) the mayoral election concerned was, in whole or in part, not conducted in accordance with this Part,

the person to whom the declaration relates shall cease to be deemed to have been elected Mayor on the day immediately following the day on which a copy of the decision is given to the director general in accordance with subparagraph (4) of paragraph 94 and that office shall, save in the case of a decision to which subparagraph (2) applies, stand vacant.

(2) Where the High Court decides under paragraph 94 that, but for—

(a) the person deemed to have been elected Mayor in accordance with the declaration under paragraph 54 having been ineligible to be elected to be Mayor, or

(b) the mayoral election having been, in whole or in part, not conducted in accordance with this Part,

the result of the poll at the election concerned would have necessitated the making of a declaration by the returning officer under paragraph 54 that would have resulted in another candidate having been deemed to be elected Mayor at that election, that candidate shall, from the day immediately following the day on which a copy of the decision is given to the director general in accordance with subparagraph (4) of paragraph 94, stand so elected.

No action to be taken in certain circumstances to fill mayoral vacancy

102. An election for the filling of a vacancy in the office of Mayor shall not be held and a notice of election shall not be published in accordance with paragraph 15 during any period commencing on the presentation of a petition under this Chapter and ending on the giving of final judgment in relation to such petition.

Witnesses

103. (1) The High Court may, at any time during proceedings in the hearing of a petition and in addition to any person called to give evidence by a party to the proceedings, direct that a particular person attend and give evidence at the hearing, and where the court so directs the cost (including witness expenses) of the persons so attending shall be regarded as part of the costs of the petition.

(2) A person to whom a direction under subparagraph (1) is given shall comply with that direction.

(3) A person who is called to give evidence at the trial of a petition shall not be excused from answering any question relating to an electoral offence on the grounds that the answer to the question might incriminate or tend to incriminate that person, or on grounds of privilege.

(4) Evidence given by a person at the hearing of a petition shall not be admissible as evidence in any proceedings for an offence (other than the offence of perjury) brought against that person.

Costs of petition

104. The costs (other than the costs of counting votes afresh under paragraph 95) of, and incidental to, a petition shall be determined by the High Court and the court shall—

(a) have the power to order such costs (or any part thereof) of any party to proceedings at the hearing of the petition to be paid by any other such party, and

(b) where the court orders the petitioner to pay such costs to any such party, directs that all or part of those costs be paid out of the security given by the petitioner in accordance with paragraph 90.

Further provisions regarding costs

105. (1) Subject to subparagraph (4), the costs and other expenses incurred on behalf of a returning officer at the trial of a petition shall be paid out of moneys provided by Limerick City and County Council.

(2) Costs awarded to the returning officer in proceedings for the hearing of a petition shall be—

(a) payable to Limerick City and County Council, and

(b) recoverable by Limerick City and County Council as a simple contract debt in any court of competent jurisdiction.

(3) Subject to subparagraphs (4) and (5), costs awarded against the returning officer at the trial of a petition shall be paid out of moneys provided by Limerick City and County Council.

(4) Where the High Court is satisfied that the returning officer has been grossly negligent in the discharge of his or her duties, it may order that the returning officer shall be personally liable for any costs awarded against him or her by the court.

(5) Where an order is made under subparagraph (4), any costs awarded against the returning officer concerned, that are paid out of moneys provided by Limerick City and County Council, shall be—

(a) a simple contract debt due to Limerick City and County Council by the returning officer, and

(b) recoverable by Limerick City and County Council in any court of competent jurisdiction.

Service of documents

106. A copy of an order, petition or other document that is required to be served on or given to a person under this Chapter shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; or

(c) by sending it by post in a prepaid registered letter addressed to the person at the address at which the person ordinarily resides, or in a case in which an address for service has been furnished, at that address.

PART 2

Form of Ballot Paper (Front of Paper)

Toghchán do Mhéara Luimnigh

Mayor of Limerick election

TREORACHA

1. Scríobh an figiúr 1 sa bhosca le hais an chéad iarrthóra is rogha leat, scríobh an figiúr 2 sa bhosca le hais an dara hiarrthóir is rogha leat, agus mar sin de.

2. Fill an páipéar ionas nach bhfeicfear do vóta. Taispeáin cúl an pháipéir don oifigeach ceannais, agus cuir sa bhosca ballóide é.

INSTRUCTIONS

1. Write 1 in the box beside the candidate of your first choice, write 2 in the box beside the candidate of your second choice, and so on.

2. Fold the paper to conceal your vote. Show the back of the paper to the presiding officer and put it in the ballot box.

DOYLE – LIBERAL SOCIALISTS MARY DOYLE, of 10 High Street, Knockmore, Nurse.	Emblem	Photograph
LYNCH – URBAN PARTY JANE ELLEN LYNCH, of 12 Main Street, Ardstown, Shopkeeper.	Emblem	Photograph
MURPHY PATRICK MURPHY, of 12 Main Street, Ballyduff, Carpenter.	Photograph
Ó BRIAIN — CUMANN NA SAORÁNACH SÉAMUS Ó BRIAIN, as 10 An tSráid Ard, Carn Mór, Oide Scoile.	Emblem	Photograph
O’BRIEN – NON-PARTY EAMON O’BRIEN, of 22 Wellclose Place, Knockbeg, Barrister.
O’BRIEN – THE INDEPENDENT PARTY ORLA O’BRIEN, of 103 Eaton Brae, Cahermore, Solicitor.	Emblem	Photograph
O’CONNOR — NATIONAL LEAGUE CAROLINE O’CONNOR, of 7 Green Street, Carnmore, Engineer.	Emblem	Photograph
THOMPSON — RURAL PARTY WILLIAM H. THOMPSON, of Dereen, Ballyglass, Farmer.	Emblem	Photograph

(Back of Paper)

Uimhir/Number .......................................................................................................

Toghchán do Mhéara Luimnigh

Mayor of Limerick election

(Back of Counterfoil)

Comhdhuille Uimhir

Counterfoil No. .............................................................

Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 Permanent Page URL

Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

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