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23 1992

ELECTORAL ACT, 1992

PART V

Returning Officers

Returning officers and assistant, deputy and acting returning officers.

30. —(1) In this section “appropriate officer” means—

(a) in relation to the county of Cork, the county of Dublin, the county borough of Cork or the county borough of Dublin, the sheriff, or

(b) in relation to any other county or county borough, the county registrar.

(2) (a) The returning officer for a constituency shall be—

(i) in case the constituency is situate wholly within one county or county borough, the appropriate officer in relation to that county or county borough,

(ii) in any other case, such appropriate officer, in relation to any county or county borough in which any part of the constituency is situate, as the Minister may from time to time appoint to be returning officer.

(b) (i) Where a constituency is not situate wholly within one county or county borough, the returning officer may, in respect of any part of the constituency situate in acounty or county borough in relation to which he is not the appropriate officer, appoint the appropriate officer in relation to that county or county borough to be assistant returning officer for that part of the constituency.

(ii) The returning officer shall exercise the power referred to in subparagraph (i) where the appropriate officer concerned requests him to do so.

(3) Where the same person is returning officer for two or more constituencies, in each of which there is at the same time a contested election, he shall—

(a) in case those constituencies are two and not more, appoint, in respect of one of them, a deputy returning officer to open the ballot boxes and count the votes,

(b) in any other case, appoint, in respect of each of the constituencies (except one), a deputy returning officer to open the ballot boxes and count the votes,

and he may include in any such appointment, if he so thinks proper, an appointment to receive nominations.

(4) The duties of a deputy returning officer appointed under subsection (3) shall include the determination and declaration of the result of the poll and the giving of public notice under section 127 and, if the appointment includes an appointment to receive nominations, shall also include the ruling on nominations and compliance with section 52 .

(5) An appointment under subsection (3) may be revoked by the returning officer and, where the appointment is so revoked or the deputy returning officer dies, resigns or becomes incapable of acting during a Dáil election, another deputy returning officer shall be appointed pursuant to and in accordance with the said subsection (3) to replace him.

(6) Where a vacancy occurs in the office of county registrar or sheriff and the holder was a returning officer, the Minister, if he so thinks proper, may appoint a person to act as returning officer during the period of the vacancy.

(7) Where the returning officer is prevented by illness or other reasonable cause from performing all or any of his duties, the Minister shall appoint a person to act as returning officer for the performance of those duties during the period of the prevention.

(8) An assistant returning officer shall perform, in the part of the constituency for which he was appointed, such of the duties of the returning officer for the constituency as that officer is not required by law to perform in person but, if any doubt arises as to duties of an assistant returning officer, the doubt shall be determined by the Minister.

(9) Any reference in this section to a county shall be construed as a reference to an administrative county.

(10) References in this Act to returning officers shall, where appropriate, include references to assistant, deputy and acting returning officers.

(11) An appointment which was in operation immediately before the commencement of this section under subsection (1) of section 11 of the Electoral Act, 1963 , shall be deemed to be an appointment under subsection (2) of this section.

General duty of returning officer.

31. —It shall be the general duty of the returning officer for each constituency to do all such acts and things as may be necessary for effectually conducting a Dáil election in his constituency in accordance with this Act, to ascertain and declare the results of the election and to furnish to the Clerk of the Dáil a return of the persons elected for the constituency.

Payment of returning officers’ expenses.

32. —(1) The Minister for Finance shall prepare a scale of maximum charges for returning officers and every returning officer shall be paid by the said Minister out of the Central Fund or the growing produce thereof his reasonable charges, in respect of his services and expenses in relation to every Dáil election in respect of which he is the returning officer, not exceeding the maximum charges specified in the scale prepared under this section and applying for the time being.

(2) For the purpose of the payment of such charges, an account of them shall be submitted by the returning officer to the Minister for Finance and the Minister for Finance may issue to returning officers directions as to the time when and the manner and form in which the accounts shall be submitted to him.

(3) The Minister for Finance may, if he thinks fit, before payment of a returning officer's charges under this section apply to a judge of the Circuit Court having jurisdiction in any part of the constituency concerned for the taxation of the account submitted by the returning officer and such judge shall tax the account and determine the amount payable thereunder.

(4) On the request of a returning officer for an advance on account of his charges the Minister for Finance may, if he thinks fit and on such terms as he thinks fit, make such an advance.

(5) The taxation under this section of the account of a returning officer shall, if the judge aforesaid so decides on the application of the officer, include the determination of any claim made against the officer in respect of any matter charged for in the account.