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25 1997

ELECTORAL ACT, 1997

PART I

Preliminary and General

Short title, collective citation, construction and commencement.

1. —(1) This Act may be cited as the Electoral Act, 1997.

(2) The Electoral Acts, 1992 to 1996, and this Act may be cited together as the Electoral Acts, 1992 to 1997 and shall be construed together as one Act.

(3) The Presidential Elections Acts, 1992 and 1993, Part VI and, insofar as they relate to presidential elections, Parts VII and VIII may be cited together as the Presidential Elections Acts, 1992 to 1997, and shall be construed together as one Act.

(4) The collective citation “the European Parliament Elections Acts, 1992 to 1997” shall include this Act insofar as it relates to European elections and the European Parliament Elections Acts, 1992 to 1997 shall be construed together as one Act.

(5) The Local Elections Acts, 1974 to 1994, and Parts VII and VIII , insofar as they relate to local elections, may be cited together as the Local Elections Acts, 1974 to 1997, and shall be construed together as one Act.

(6) (a) Sections 1 , 2 and 4 , Part IV , sections 46 , 47 , 48 , 57 (1) (other than paragraph (b)), and sections 50 and 61 (insofar as they relate to donations at a presidential election), 71 and 73 (other than paragraphs (a) and (c)), and 74 shall come into operation on the passing of this Act.

(b) Parts I, III, V, VI and section 73 other than those provisions specified in paragraph (a) shall come into operation on the first day of January, 1998.

(c) This Act, other than those provisions specified in paragraphs (a) and (b), shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

Interpretation.

2. —(1) In this Act, except where the context otherwise requires—

the Act of 1992” means the Electoral Act, 1992;

the Act of 1993” means the Presidential Elections Act, 1993;

the Act of 1997” means the European Parliament Elections Act, 1997;

the appropriate officer” has the meaning assigned to it in section 71 ;

commercial price”, in relation to the supply of property, goods or services and the lending of property or goods, means—

(a) where the person by whom the property or goods are supplied or lent or the service is supplied carries on a business consisting wholly or partly of the supply or lending of property or goods or the supply of a service, the lowest price or consideration charged by the person for the supply or lending in the normal course of business of an equivalent amount of property or goods of the same kind or for the supply of a service of the same kind and to the same extent (allowance being made for any discount which is normally given by the person in respect of the supply or lending of property or goods of the same kind or the supply of a service of the same kind) at or about the time of the first-mentioned supply or lending of property or goods or the first-mentioned supply of a service, and

(b) where the person by whom the property or goods are supplied or lent or the service is supplied does not carry on a business consisting wholly or partly of the supply or lending of property or goods or the supply of a service of the same kind, the lowest price or consideration for which an equivalent amount of property or goods of the same kind may be purchased or taken on loan or a service of the same kind and to the same extent may be procured in the normal course of business (allowance being made for any discount which is normally given in respect of the supply or lending of property or goods of the same kind or the supply of a service of the same kind) at or about the time of the first-mentioned supply or lending of property or goods or the first-mentioned supply of a service from a person who carries on such a business;

constituency” means, as the context may require, a Dáil constituency or a European Parliament constituency;

the consumer price index number” means the All Items Consumer Price Index compiled by the Central Statistics Office and a reference to such a number at a particular time shall be construed as a reference to such a number expressed on the basis that the consumer price index number at mid-November, 1996, is 100;

donation statement” has the meaning assigned to it by section 24;

election”, except in Parts VII and VIII means, as the context may require, a Dáil election or a European election or both a Dáil election and a European election;

election agent” has the meaning assigned to it by section 28;

local authority” means the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town;

national agent” has the meaning assigned to it by section 28;

person”, except in Part VI , shall include an individual, a body corporate and an unincorporated body of persons and a body corporate and any subsidiary thereof shall be deemed to be one person;

personal representative” has the meaning assigned to it by section 3 of the Succession Act, 1965;

political party”, except in Part VI or section 72 , means a political party registered in the Register of Political Parties in accordance with section 25 of the Act of 1992 as a party organised to contest a Dáil election or a European election or both such elections;

polling day” means the day appointed by order of the Minister to be polling day at a presidential election or a Dáil election or a European election or a local election or a referendum, as the case may be;

property” means real and personal property;

the Public Offices Commission” means the Commission established by section 21 of the Ethics in Public Office Act, 1995;

qualified party” has the meaning assigned to it by section 16;

Seanad election” means the election of members to the Seanad from panels of candidates and the election of members by universities and includes both a Seanad general election and a Seanad bye-election.

(2) In this Act—

(a) a reference to a Part or section, is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended;

(b) a reference to a subsection, paragraph or subparagraph is to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

(3) Where a provision of this Act imposes a duty to be performed in respect of a preceding year or a year the reference in that provision to year shall in relation to the year in which the provision comes into operation be construed as a reference to the period between the day on which the provision concerned came into operation and the following 31st day of December.

(4) Nothing in Part IV or VI shall apply to donations received before the coming into operation of Part IV or of the provisions of Part VI insofar as they relate to donations.

(5) Nothing in Part V or VI shall apply to the incurring of expenditure before the coming into operation of those Parts.

Variation of monetary amounts by order of Minister.

3. —(1) The Minister may, by order, vary any monetary amount specified in section 21 , 23 , 24 (4), 26 (1), 30 , 31 , 32 , 47 , 48 (1), 51 or 52 , or in regulations made under section 21 or 72 or in an order made under section 33 (1) or 53 , having regard to any change in the consumer price index since the coming into operation of the provision for the time being in force specifying the amount in question, including an order under this section, and may, by order, amend or revoke any such order.

(2) For the purposes of this section, “change in the consumer price index” means the difference between the consumer price index number last published before the date of the order under this section and the said number last published before the date of the coming into force of the provision specifying the amount applying immediately before the making of the said order, including an order under this section, expressed as a percentage of the last-mentioned number.

(3) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything done thereunder.

Review by Public Offices Commission.

4 .—(1) The Public Offices Commission shall consider every statement furnished to it pursuant to sections 20 , 24 , 36 , 48 and 56 and regulations made under section 72 and every notification furnished to it under section 23 and, where it considers it appropriate to do so, shall furnish a report in writing to the Chairman of the Dáil on any matter arising in relation to such statements.

(2) Where the Public Offices Commission, following consideration by it of a statement of election expenses furnished to it pursuant to section 36 or 56 or regulations made under section 72 , finds a minor error or omission in the statement, the Commission shall furnish to the national agent, election agent or presidential election agent, as the case may be, or a person referred to in section 31 (7) or 52 (6) by whom the statement was furnished details of the error or omission, as the case may be, and the Commission shall inform the said agent or said person, as the case may be, that he or she may correct the error or make good the omission within the period of 14 days from the date on which the notification issued to the said agent or said person, as the case may be.

(3) (a) Where the Public Offices Commission, following consideration by it of a statement furnished to it pursuant to section 24 , 36 , 48 or 56 or regulations made under section 72 or a notification furnished to it under section 23 , is of the opinion that there may have been a contravention of the provisions of Part IV , V or VI or regulations made under section 72 , the Commission shall furnish to the person who provided the statement or notification details of the possible contravention and the Commission shall inform that person that he or she may furnish comments on the matter to the Commission within 14 days from the date on which the notification issued to that person and that any such comments will be considered by the Commission before considering the matter further.

(b) Where the person to whom a notification issues under paragraph (a) furnishes to the Public Offices Commission his or her comments on the matter referred to in the notification within the period referred to in paragraph (a), the Commission shall have regard to the said comments.

(c) Where, following consideration of any comments which the person to whom a notification issues under paragraph (a), or where such person fails to make any such comments, the Public Offices Commission continues to be of the opinion that there may have been a contravention of the provisions of Part IV , V or VI or regulations made under section 72 , it shall furnish a written report on the matter (together with any relevant document or other thing in its possession) to the Director of Public Prosecutions.

(4) The Public Offices Commission may make such inquiries as it considers appropriate and may require any person to furnish any information, document or thing in the possession or procurement of the person which the Commission may require for the purposes of its duties under this Act.

(5) Every report furnished by the Public Offices Commission pursuant to subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is furnished.

(6) The Public Offices Commission—

(a) shall from time to time draw up and publish to persons to whom a provision of Part III , IV , V or VI or of regulations made under section 72 applies guidelines concerning the steps to be taken by such persons to ensure compliance by them with this Act generally and, in particular, with the provisions of those Parts and regulations, and

(b) may, at the request of a person to whom a provision of Part III , IV , V or VI or of regulations made under section 72 applies, give advice to the person in relation to any provision of this Act or of regulations made under section 72 or as to the application, in any particular case, of any such provision.

(7) When a request is made under subsection (6) (b) in relation to a particular case, the provision concerned of Part III , IV , V or VI or of regulations made under section 72 shall not, as respects the person who made the request, apply in relation to that case during the period from the making of the request to the time when advice is given by the Public Offices Commission in relation to the case or the Public Offices Commission declines to give such advice.

(8) The Public Offices Commission shall, within 21 days of the receipt by it of a request for advice under subsection (6) (b), furnish the advice to the person concerned or notify the person of its decision to decline to do so.

(9) The provisions of subsection (11) of section 32 of the Ethics in Public Office Act, 1995 shall apply and have effect in relation to the performance by the Public Offices Commission of its functions under this Act.