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42 1947

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947

PART V.

Seanad Bye-Election.

Chapter I.

Notice of Casual Vacancy and Seanad Bye-election Order.

Notice of casual vacancy.

55. —(1) Where a casual vacancy occurs in the membership of Seanad Eireann, the Clerk of Seanad Eireann shall, on the direction of Seanad Eireann, send to the Minister notice (in this Act referred to as notice of a casual vacancy) in writing of the vacancy.

(2) A notice of a casual vacancy shall state, in respect of the member whose death, resignation, or disqualification occasioned the vacancy, the panel and sub-panel from which the member was elected at the next preceding Seanad general election or, if he was elected at a Seanad bye-election, the panel and sub-panel from which the member whose place he was so elected to fill (whether directly or indirectly) was elected at the next preceding Seanad general election.

Seanad bye-election order.

56. —(1) Where the Minister receives from the Clerk of Seanad Eireann a notice of a casual vacancy, the Minister shall, as soon as conveniently may be and in any case not more than one hundred and eighty days after receiving the notice, make an order (in this Act referred to as a Seanad bye-election order) directing an election to be held in accordance with this Part of this Act to fill the vacancy and stating the panel and sub-panel in respect of which the vacancy occurred and appointing for the purposes of the election the times and places mentioned in whichever of the two next following subsections of this section is applicable.

(2) Where the vacancy in respect of which a Seanad bye-election order is made is a nominating bodies sub-panel vacancy, the order shall appoint—

(a) the day on which and the place and hour at which the nomination committee (bye-election) meeting will be held,

(b) the day on which and the place at which the Seanad returning officer will sit for the ruling upon nomination, and

(c) the address of the Seanad returning officer.

(3) Where the vacancy in respect of which a Seanad bye-election order is made is an Oireachtas sub-panel vacancy, the order shall appoint—

(a) the day which will be the last day for receiving nominations, and

(b) the day on which and the place at which the Seanad returning officer will sit for the ruling upon nomination, and

(c) the day which will be the day of issue of ballot papers, and

(d) the day and hour (in this Act referred to as the close of the poll) on and at which the poll will be closed, and

(e) the address of the Seanad returning officer.

(4) A Seanad bye-election order shall be published in the Iris Oifigiúil as soon as may be after it is made.

Effect of a dissolution of Dáil Éireann.

57. —(1) Where a dissolution of Dáil Éireann takes place after a notice of a casual vacancy has been received by the Minister and before a Seanad bye-election order has been made in respect of the vacancy, the notice shall become and be annulled by the dissolution and, notwithstanding anything contained in this Part of this Act, a Seanad bye-election order shall not be made in respect of the vacancy.

(2) Where a dissolution of Dáil Éireann takes place after a bye-election order has been made and before the election in pursuance of the order has been completed, the order shall become and be annulled by the dissolution and no further steps shall be taken in respect of the order, but the annulment shall not prejudice or affect the right of the Seanad returning officer to be paid under this Act his reasonable charges in respect of duties performed in relation to the election before the dissolution.

Provision applicable where more than one casual vacancy.

58. —If at any time the Minister has received two or more notices of a casual vacancy which have not been annulled by a dissolution of Dáil Éireann and in respect of which he has not made a Seanad bye-election order, separate Seanad bye-election orders shall be made and separate elections shall be held in respect of each of the vacancies to which the notices relate.