Who can become an MEP?
Expenditure & Donations
Every Irish citizen and every resident EU citizen, over 21 years of age, who is not disqualified by Community of national law and is not standing as a candidate in another member State, is eligible to be elected in Ireland to the European Parliament, Persons undergoing a prison sentence in excess of six months, undischarged bankrupts and persons of unsound mind are disqualified from election. Certain occupations are incompatible with membership of the Parliament, for example, Ministers and Ministers of State, Members of the Houses of the Oireachtas, members of the judiciary, members & officials of various EU institutions, civil servants, whole time members of the Defence Forces and Gardaí. Irish citizens living in another Member State are entitled to contest the European elections in that country. However, a person is not entitled to seek election to the Parliament in more than one constituency or country.
The local elections Act 1999, as amended by the electoral Act 2001 provides for an expenditure and donation disclosure regime at local elections. This regime requires candidates to declare how much money they receive as donations, candidates are also required to declare how much they spend on the election. The requirements are similar to those applying to Dáil candidates.
Who conducts the Election? There are four European returning officers who are responsible for conducting the election in each of the four constituencies. A European local returning officer has the responsibility of taking the poll in each county and city. The European returning officers are appointed by the Minister for the Environment, Community and Local Government and must be a county registrar or a city or county sheriff.
Nomination of Candidates EU citizens living in Ireland can stand for election in any European Constituency in the State. Candidates at a European election in Ireland must be at least 21 years of age. The nomination takes place over a period of a week about one month before polling day. A person may nominate himself/herself as a candidate or be nominated by one elector for the constituency. A person may only be nominated in one constituency. A nomination form from a candidate of a registered political party must have a certificate of political affiliation attached. If no certificate is attached, the form must be assented to by 60 electors who are registered as European electors in the constituency. If the candidate is not an Irish or British citizen, the nomination paper must be accompanied by a statutory declaration and an attestation from the candidate’s home Member State certifying that they have not been deprived, through an individual criminal or civil law decision, of the right to stand as a candidate at the European election in the home State. The information in the statutory declaration is sent to the persons home State to guard against dual candidacy. A candidate may include party affiliation in the nomination paper as in the case of Dáil elections. The returning officer must, as in the case of nominations for Dáil election rule on the validity of a nomination paper within one hour of its presentation.
Replacement Candidates Casual vacancies in the Parliament are filled from lists of replacement candidates presented at the election. The replacement list presented by a registered political party may contain up to 4 names more than the number of candidates presented by the party in the constituency: the replacement list of a nonparty candidate may contain up to3 names. A replacement candidate who is a national of a Member State other than Ireland and the United Kingdom must make a statutory declaration and provide the necessary attestation from their home Member State. The entry on the ballot paper in relation to each candidate contains a reference to the associated replacement list. The lists of replacement candidates are published by the returning officer and copies are displayed in each polling station. A casual vacancy is filled by the person whose name stands highest in the relevant list or replacement candidates.
The Count The count is conducted in the same way as for Dáil elections. When the count is completed, the returning officer declares the results of the election and returns the names of the elected members to the Chief returning officer for notification to the European Parliament.
Casual Vacancies Casual vacancies arising in Ireland’s representation in the European Parliament are filled from the replacement candidates list presented by the party or non-party candidate which won the seat at the previous election. The vacancy is filled by the person standing highest on the relevant list who is both eligible and willing to become an MEP. If no replacement candidates list was presented in respect of the MEP who won the seat at the election of it is not possible to fill the vacancy from the relevant list, Dáil Éireann may select a person to fill the vacancy from any replacement candidates list presented for that constituency at the election.
Local Authorities Structure and membership of local authorities There are 114 local authorities in Ireland (Republic) with 1,627 elected members as follows: County Councils are responsible for local government. City Councils are responsible for local government in the cities of Dublin, Cork, Galway, Limerick and Waterford. Borough Councils have certain local government functions in the larger towns. Town Councils have limited functions in 75 towns throughout the country. Local authorities are responsibly for a wide variety of important public services at local level such as: roads, water, parks, libraries, housing, community sport and development, fire services, public lighting, sewage disposal, cleansing, planning zoning etc.
Eligibility for Election Every person who is a citizen of Ireland or ordinarily resident in the State and has reached the age of 18 years and is not subject to any of a series of disqualifications similar to those in place for election to Dáil Éireann. A recent additional group now disqualified from seeking election to a local authority are members of Dáil and Seanad. Members of local authority are called Councillors.
Where are local elections held? Local elections are generally held every five years in the month of June. The actual polling day, which is the same in all areas, is fixed by order of the Minister for the Environment, Community and local Government.
How is the election organised? The responsibility for conducting the election to each local authority rests with the local authority returning officer. The cost of running the election is met by the local authority. The 38 larger local authorities are divided into two or more local electoral areas and an election is held in respect of each local electoral are for the number of council members assigned to that area. In total, elections are held in respect of 268 areas.
Local Electoral Law The law governing local elections can be found at www.environ.ie
Referenda In Ireland There are two types of referendum – a referendum to amend the Constitution and a referendum on a proposal other than a proposal to amend the Constitution
Constitutional Referendum The Constitution of Ireland (Bunreacht na hÉireann) can only be amended with the approval of the people at a referendum. There have been twenty three Constitutional amendments to date in foot of referenda held over a number of decades, the date of which was in 1972. Nine proposals to amend the Constitution were rejected at referendum.
Procedure at a Constitutional Referendum Under Article 46 of the Constitution, a proposal to amend the Constitution must be introduced in the Dáil as a Bill. When a bill has been passed by both House of the Oireachtas, it must be submitted to the people for approval at a referendum. If a majority of the votes cast at the referendum are in favour of the proposal. The Bill is signed by the President and the Constitution is amended accordingly.
The Poll When the Houses of the Oireachtas have passed a bill containing a proposal to amend the Constitution, the Minister for Environment, Community and Local Government appoints a referendum returning officer who is responsible for the overall conduct of the referendum including the count and the declaration of the result. The country is divided into the same constituencies as for a Dáil election and the Dáil returning officer for a constituency is the local returning officer for the constituency at a referendum. The local returning officer is responsible for the polling arrangements in each constituency. Polling day is appointed by order of the Minister for Environment, Community and Local Government and must be between thirty and ninety days after the making of the order. This order also fixes the period for voting. A polling information card is sent to each elector informing the elector of his/her number on the register of electors and the polling station at which he or she may vote. The polling information card also contains a formal statement prescribed by the Oireachtas regarding the subject matter of the referendum. The explanatory statement is displayed at each polling station. The law requires that the Bill containing a proposal to amend the Constitution must be made available at post offices for free inspection and for purchase at nominal price. At each polling station the pool is taken by a presiding officer, assisted by a poll clerk, Personation agents, appointed by members of the Oireachtas and by bodies approved by the Referendum Commission (see below), attend at a polling station to assist in the prevention of electoral offences.
Information on proposed amendment The law provides for the establishment of an independent Referendum Commission to prepare and disseminate information on the subject matter of a referendum. The Minister for Environment, Community and Local Government may establish such a Commission not earlier than the date on which a Constitution Amendment Bill is initiated in Dáil Éireann (in case of an “ordinary referendum”, not later than the date of the order appointing polling day). A commission comprises a chairperson who must be a former Supreme Court judge or a serving or former High Court judge nominated by the Chief Justice; the Comptroller and Auditor General; the Ombudsman; and the Clerks of the Dáil and the Seanad. The role of a referendum commission is to explain to subject matter of the referendum to the electorate. It does this by preparing a statement or statements on the main issues and it may include any other information which it may include any other information which it considers appropriate. Since 2011, the commission’s role also includes promoting public awareness of the referendum and encouraging the electorate to vote.
Voting Voting is by secret ballot. The form of ballot paper is prescribed by law and contains brief instructions on how to vote. The ballot paper show the title of the bill proposing to amend the constitution and may also include a heeding indicative of the proposal. On polling day, the elector applies for the ballot paper by stating his or her name and address. The elector may be required to produce evidence of identity and fail to do so, will not be permitted to vote. Where the presiding officer is satisfied as the elector’s identity, a ballot paper is stamped with an official mark and handed to the elector. The elector votes in secret in a voting compartment. The voter indicates whether or not he/she approves of the marking an “X” in either the “yes” box or the “no” box on the ballot paper. The voter folds the ballot paper to conceal how it has been marked and places it in a sealed ballot box. A person may only vote once at a referendum. The presiding officer may order the arrest of any person suspected of committing an electoral offence.
The Count The votes are counted in the individual Dáil constituencies at a designated count centre. Each ballot box is opened and the number of ballot papers checked against a return furnished by the presiding office. The votes for and against the proposal are counted and the result is reported by the local returning officer to the referendum returning officer. The counting is observed by persons appointed for this purpose by members of the Oireachtas and by bodies approved by the Referendum Commission.
Referendum Result Based on the local returning officers reports from each constituency, the referendum returning officer draws up a provisional referendum certificate stating the overall result of the voting and indicating whether or not the proposal has been approved. The provisional certificate is published in the Iris Oifigiúil. Within 7 days after the formal publication, any elector may apply to the High Court for leave to present a petition question the provisional certificate. If no petition is presented, the certificate becomes final and, if it shows that that majority of the votes cast in favour of the proposal, the relevant Bill is signed by the President and the Constitution is amended accordingly.
Ordinary Referendum
The process followed is the same as with the count for Dáil Éirenn. When the count is completed, the returning officer declares and gives public notice of the results of the election and returns the names of the elected members to the local authority concerned. If a candidate has been elected as a member in more than one electoral area, they must, within three days of the public notice of the results, declare in writing which area they wish to represent. Consequently vacancies are treated as casual vacancies.
Articles 27 and 47 of the Constitution also provide for a referendum on a proposal other than a proposal to amend the Constitution (referred to in law as “ordinary referendum”). An ordinary referendum my take place when the President, on receipt of a joint petition from a majority of members of the Seanad and not less than one third of the members of the Dail and following consultation with the Council of State, decides that a Bill contains a proposal of such national importance that of the people thereon ought to be ascertained before the measure becomes law. Where the President decides that a Bill which is the subject of a petition contains a proposal of such national importance that the will of the people on it ought to be ascertained he/she must decline to sign the bill unless it is approved by the people at a referendum within 18 months of the President’s decision, or it is approved by a resolution of the Dáil within that 18 month period after holding of a general election
Chairman/Mayor
Law relating to Referendum
The Count
Local authorities annually elect a Chairman, Cathaoirleach or Mayor (lord mayor in the case of Dublin and Cork city councils) from among their members. The Chairman presides at all meetings of the council.
The law relating to the referendum can be found at www.envrion.ie
The Register of Electors In order to be able to vote at an election or referendum, a person’s name must be entered on the register for electors for the locality in which the elector ordinarily resides. County and city councils are required by law to prepare and publish a register of electors every year. The register of electors comes into force on the 14th February and is used at each election and referendum held in the succeeding 12 months. Since 2004, registration authorities are requires to publish two versions of the register – the full register and the edited register. The full register lists everyone who is entitled to vote and can only be used for an electoral or other statutory purpose. The edited register contains the names and address of persons whose details can be used for a purpose other than statutory purpose, e.g, for direct marketing use by a commercial or other organisation. When voters register using the registration from A(RFA) they can indicate by ticking a box if they don’t want their name to appear on the edited register.
Conditions for registration The conditions are: Age: A person must be at least 18 years of age on the day the register comes into force (15th Feb). every resident aged 18 upwards is entitled to be on the register. Citizenship: while ever adult is entitled to be registered, the registration authority needs to know a person’s citizenship because it is citizenship that determines the elections at which a person may vote. The qualifying date for citizenship is the 1st September preceding the coming into force of the register. The right to vote is as follows: • Irish citizens my vote at ever election and referendum. • British citizens may vote at Dáil, European and local elections. • Other EU citizens may vote at European and Local elections. • Non-EU citizens may vote at local elections only. Residence: a person must be ordinarily resident at the address in question on 1st September preceding the coming into force of the register. A person may be registered at one address only.
Democracy in Ireland
Preparation of Register The draft register is published on the 1st November and, as part of the annual public information campaign, is made available for examination at post offices, public libraries, Garda stations and local authority offices up to the 25th November and the public are invited to check the draft during this period to make sure they are correctly registered. Any errors or omissions in the draft should be brought immediately to the attention of the registration authority. Claims for the addition or deletion are ruled on but the county registrar who is a legally qualified court officer. The ruling is made in public and any person may attend and give evidence. Interested persons are notified of the county registrar’s decision.
How the system of Government Works
Postal Voters List Registration authorities prepare a postal voters list as part of the register of electors. Applications for inclusion in the list must be received by 25th November at the latest. The following categories of persons are of persons are registered as postal voters: • Whole-time members of the Defences Forces • Irish Diplomats posted abroad and their spouses The following categories of persons may apply for registration as postal voters: • Members of the Garda Síochána • Persons living at home who are unable to go to a polling station to because of a physical illness or physical disability • Persons whose occupations are likely to prevent them from voting at their from voting at their local station on election day, including full-time students registered at home who are living elsewhere while attending an educational institution in the state. An elector registered as a postal voter my vote by post only and may not vote at a polling station.
I have prepared this document to inform you of how the democratic process in Ireland works. I hope you find it useful and that you can refer to it when you need it. Please contact me if you need more information on any topic of if you have any other concerns.
Special Voters List As part of the register of electors, registration authorities also prepare a list of special voters comprising electors with a physical illness or physical disability living in hospitals, nursing homes or similar institutions who wish to vote at these elections, in order to qualify, an elector’s physical illness or physical disability must be likely to continue of r the duration of the register and prevent him/her from going to a polling station to vote. Applications to be entered on the special voters list must be made by the 25th November and in the case of first application must be accompanied by a medical certificate. Electors on the special voters list vote at the hospital, nursing home ect where they are residing by marking a ballot paper delivered to them by a special presiding officer accompanied by a Garda.
Supplement to the Register of Electors If a person is not included in the register of electors currently in force but considers that he/she qualifies for registration, the person may apply for entry in the supplement to the register which is published prior to polling day at each election and referendum. In order to qualify, a person must meet the requirements in relation to residence and age. To be eligible for inclusion in the supplement, a person must be at least 18 years on or before polling day, be ordinarily resident at the address at which he/she wishes to be registered and not be already registered at any other address. An application for entry on the supplement must be witnessed by a member of the Garda Siochana or, if the person is cannot attend the Garda Station, by an official of their county council provided they state the reason why they were unable to attend a Garda Station. Application for entry in the supplement must be received by registration authority at least 15 working before polling day in order to be considered for that election or referendum, an application can be made at any time once the elector is eligible for entry on the supplement are entitled to vote elections/referenda held during the currency of the register.
Change of Address Since 2020, a person who is on the register of electors and moves residence from one constituency to another constituency or within the same constituency (but different local electoral area) can apply for entry to the supplement at their new address provided they authorised the registration authority to delete their name from the register in respect of their previous address. The application must be signed and stamped at a Garda Station. You can now check if you are of the register by going to www.checktheregister.ie
john
O’Mahony TD
Contact John O’Mahony TD Constituency Office, D’Alton Street, Claremorris, Mayo. Tel: 094 9373560 Fax: 094 9373379 Dáil Office: 01 6183706 Text: 086 326 8041 Email: john.omahony@oir.ie www.johnomahony.ie http://facebook.com/john.omahonytd https://twitter.com/JohnOMahonyTD
All information in this document is correct at time of printing April 2012
0612
Constituency Office, D’Alton Street, Claremorris, Mayo. Tel: 094 9373560 Fax: 094 9373379 Dáil Office: 01 6183706 Text: 086 326 8041 Email: john.omahony@oir.ie www.johnomahony.ie http://facebook.com/john.omahonytd https://twitter.com/JohnOMahonyTD
The President The president is directly elected by the people. To be a candidate a citizen must be over 35 years of age and must be nominated either by not less than 20 members if the Dáil or Seanad Éireann, or not less than 4 administrative counties . Former or retiring Presidents may become candidates on their own nomination. The term of office is 7 years and a President may not serve more than 2 terms. The President represents the Irish people when undertaking official engagements at home and abroad.
Powers and functions The President, who does not have an executive or policy role, exercise most powers and functions on the advice of the Government. There are some specific instances where the President had an absolute discretion, such as in referring a Bill to the Supreme Court for a judgement on its constitutionality or in advice of a Taoiseach who ceased to retain the support of a majority of TD’s. Additional functions can be conferred on the President by law. The President appoints the Taoiseach on the nomination of Dáil Éireann; and the other members of the Government on the nomination of the Taoiseach after Dáil approval. Other office holders appointed by the President, on the advice of the Government, include judges, the Attorney General, the Comptroller and Auditor General, and commissioned officers of the Defence Forces. The President summons and dissolves Dáil Éireann on the advice of the Taoiseach. The President has an absolute discretion to refer a Bill to the Supreme Court for a judgment on its constitutionality (but not a money Bill, certified as such by the Chairman of Dáil Éireann, or a Bill to amend the Constitution). Before making a referral the President must first consult the Council of State but is not bound by their advice. The constitutionality of any Bill signed following a referral may not be subsequently challenged in the courts, so this power is used sparingly. The President, after consultation with the Council of State, may address the Houses of the Oireachtas on any matter of national or public importance. The text of any such address must be approved by the Government. The supreme command of the Defence Forces is vested in the President. The exercise of the supreme command is, however, regulated by law in accordance with Article 13 of the Constitution. The Defence Forces operate under the direction of the Government through the Minister for Defence. The relevant law is Section 17 of the Defence Act, 1954, which reads as follows: Military Command 17.(1) Under the direction of the President and subject to the provisions of this Act, the military command of, all executive and administrative powers in relation to, the Defence Forces, including the power of delegate demand and authority, shall be exercisable by the Government and, subject to such exceptions and limitations as the Government may from time to time determine, through and by the Minister. A special (Presidential) Commission acts whenever the President is absent or unable to discharge her responsibilities. This is made up of the Chief Justice, the Ceann Comhairle and the Cathaoirleach of Seanad Éireann. The current President of Ireland is Michael D Higgins for further information see www.president.ie
The Oireachtas & Government Ireland is a parliamentary democracy. The National Parliament (Oireachtas) consists of the President and two Houses: Dáil Éireann (the House of Representatives) and Seanad Éireann (the Senate) whose powers and functions derive from the Constitution (Bunreacht na hÉireann) enacted by the people on 1st July 1937 and which came into effect on 20th December 1937. Each House of the Oireachtas has power under its Standing Orders (i.e. rules of procedure) to form committees for specific purposes. There are four types of committees: Standing, Select, Joint and Special. A standing Committee is one which is set up, usually on a long-term basis, by the Standing Orders; for example the Public Accounts Committee which has existed since the foundation of the State. A Select committee is a Committee appointed from time to time but made up of only member of one House. A Joint committee is a Committee which has both members of the Dáil and Seanad. A Special Committee is set up for the sole purpose of considering a specific Bill. The two Houses of the Oireachtas, the Dáil and Seanad make laws. A law is known as a Bill when it is introduced and becomes an Act (of the Oireachtas) when passed by the two Houses and signed by the President. The Dáil elects the Taoiseach and approves the appointment of other Ministers nominated by him. It raises taxes and, With the Seanad, often through joint Committees of both Houses, holds the Government accountable for its stewardship. The Dáil must approve international agreements and only the Dáil can approve an act of war.
Role of the Taoiseach The Taoiseach (the head of government) is appointed by the President in the nomination of Dáil Éireann. The Taoiseach must resign on losing a vote of confidence in the Dáil. The Taoiseach, the Tánaiste, and the Minister for Finance must be members of Dáil Éireann. The other members of the Government must be members of either Dáil Éireann or Seanad Éireann but no more than two may be members of the Seanad. The Taoiseach nominates the other members of the Government for the approval of the Dáil and assigns the particular Departments to the Ministers on their appointment by the President. The Taoiseach also nominates the Attorney General for appointment by the President. The Taoiseach has the power to advise the President to accept the resignation of Ministers. The Government appoint Ministers of State to assist the Cabinet (Government) in carrying out the business of Government. In addition, the Taoiseach nominates eleven persons to serve in Seanad Éireann. The Taoiseach answers questions in the Dáil where broad policy is concerned, or where issues specific to his Department are concerned. The Taoiseach, as head of the Government, is the central co-ordinator of the work of the Ministers and their Department of State. The Taoiseach also advises and guides the other members of the Government on issues requiring the successful working of the Government as a collective authority responsible to Dáil Éireann. The Taoiseach is required to keep the President informed on domestic and international policy. The Taoiseach also had certain statutory responsibilities for the reform of the law, for official statistics and for the administration of public services which are not the responsibility of any other member of the Government. Some policy areas are brought under the responsibility of the Department of the Taoiseach. The current holder on the Office of Taoiseach is Enda Kenny TD 2011-to date. For further information on previous office holders see www.taoiseach.gov.ie.
Dáil Éireann Structure of the Dáil The Dáil is comprised of 166 members representing 43 constituencies. The Constitution requires the total membership of the Dáil to be set so the national average population per member will be between 20,000 and 30,000. The Constitution also requires that the ratio of population to member must, as far as is practicable, be equal in each constituency. The constituencies must be revised at least once every twelve years. In practise, constituencies are revised following the publication of the results of each census of population: a census in normally taken every fifth year. An independent Commission draws up a revised scheme of constituencies which is given effect by an Act of the Oireachtas. The maximum life of the Dáil is 7 years but, as provided for under the Constitution, a shorter period of 5 years had been set by law. The Dáil may be dissolved by the President on the advice of the Taoiseach at any time.
Timing of Dáil Elections A Dáil election (general election) must be held within 30 days after the dissolution of the Dáil. The clerk of the Dáil issues a writ to the returning officer in each constituency instruction him or her to hold an election for the prescribed number of members. The returning officer is the county registrar or, in Dublin and Cork, county sheriff. The Ceann Comhairle is automatically returned without an election unless he or she indicated that do not wish to continue as a member. The Minister for the Environment appoints the polling day which must be between the 18th and 25th day (excluding Good Friday, Sundays and Public Holidays) after the issue of the writ. The Minister also appoints the polling period which must consist of at least 12 hours between 7.00 am and 10.00 pm.
The Electoral System Voting at a Dáil election is by secret ballot using the PR-STV system (proportional representation by means of the single transferable vote). PR-STV allows electors to indicate their first and subsequent choices for the candidates on the ballot paper.
Who Can Be Elected? Every citizen of Ireland over 21 years of age who is not disqualified under the Constitution or by law is eligible to be elected to the Dáil. A member of the Dáil is referred to as a Teachta Dála (TD). Persons undergoing a prison sentence in excess of six months, undischarged bankrupts and person of unsound mind are disqualified from membership of the Dáil. Certain occupations disbar a person from membership of the Dáil, for example, members of the judiciary, senior official of the institutions of the European Union, civil servants, whole time members of the defence Forces and Gardaí.
Nomination of Candidates Candidates may nominate themselves or be nominates by a Dáil elector (a person who is entitles to vote) for the constituency. The latest date for nominating a person as a candidate is 12 noon on the seventh day after the issue of the writ. A candidate may have his/her photograph included on the ballot paper by providing a photograph in the specified format with their nomination. A candidate may also include party affiliation and a party emblem. If a candidate has no party affiliation the candidate may describe him/herself as ‘non-party’ or leave the appropriate space blank. Candidates at a Dáil election, not in possession of a certificate of political affiliation, must have their nomination papers assented to by 30 Dáil electors registered in the constituency. The 30 electors must assent to the nomination form at the principal offices of the local authority in the constituency concerned and they must produce specified photographic identification in doing so. The returning officer must rule on the validity of a nomination paper within one hour of its presentation. The returning officer is required to object to the name of a candidate if it is no the name by which the candidate is commonly known, is misleading and likely to cause confusion, is unnecessarily long or contains a political reference. The returning officer is also required to object to the description of a candidate that is, in his/ her opinion, incorrect, or insufficient to identify the candidate or unnecessarily long. The candidate or the returning officer may amend the particulars shown on the nomination paper. The returning officer may rule a nomination paper invalid only if it is not properly made out or signed.
The Poll Polling places are appointed by county or city councils. The returning officer provides polling stations at each polling place. Schools or public buildings are normally used. The returning officer is responsible for the organisation of the poll, printing of ballot papers and counting of votes in each constituency. The returning officer must send a polling information card to each voter informing the voter of his/her number on the register of electors and the polling station at which he or she may vote. It is an offence to interfere with a polling card or to use a polling card at a polling station which is not addressed to the person presenting it. The returning officer also makes the necessary arrangements for voting by post and by special voters. At each polling station the poll is taken by a presiding officer assisted by a poll clerk. Each candidate may be represented at a polling station by a personation agent who assists in the prevention of electoral offences.
Voting Arrangements Generally, electors vote in person at their local polling station. On polling day, the elector applies for the ballot paper by stating his or her name and address. The elector may be required to produce evidence of identity and fail to do so, will not be permitted to vote. Where the presiding officer is satisfied as the elector’s identity, a ballot paper is stamped with an official mark and handed to the elector. The elector votes in secret in a voting compartment. The names of the candidates appear in alphabetical order on the ballot paper, together with their photograph, political affiliation and party emblem, if any. The voter indicates the order of his/her choice by writing 1 opposite the name of his/her first choice, 2 opposite his/her second choice and so on. In this way the voter instructs the returning officer to transfer the vote to the second choice candidate if the first choice is either elected with a surplus or eliminated. If the same situation applies to the second choice, the vote may be transferred to the third choice and so on. The voter folds the ballot paper to conceal how it has been marked and places it in a sealed ballot box. A person may only vote once at the election. Persons with a visual impairment, a physical disability or literacy difficulties may be assisted by the presiding officer or by a companion. The presiding officer may order the arrest of any person suspected of committing an electoral offence.
The Count
Counting Arrangements All ballot boxes are taken to a central counting place for each constituency. Agents of the candidates are permitted to attend at the counting place to oversee the counting process. Before the counting of votes begins, the envelopes containing the postal and special voters’ ballot papers are opened in the presence of the agents of the candidates and the ballot papers are associated with the other ballot papers are associated with the other ballot papers for the constituency. The count commences at 9 am on the day after polling day. Each ballot box is opened and the number of ballot papers checked against a return furnished by each presiding officer. They are then thoroughly mixed and sorted according to the first preferences recorded for each candidate, invalid papers being rejected.
Quota The quota is the maximum number of votes necessary to guarantee the election of a candidate. It is ascertained by dividing the total number of valid ballot papers by one more than the number of seats to be filled and adding on to the result. Thus, if there were 40,000 valid papers and 4 seats to be filled, the quota would be 8,001, i.e. 40,000/5 (i.e. 4+1) +1. It will be seen that in this example only four candidates (the number to be elected) could possibly reach the quota. (8001*4=32,004; 40,000-32,004 leaves only 7,996)
Elimination of Candidate If no candidate has a surplus or the surplus is insufficient to elect one of the remaining candidates is eliminated and his or her papers are transferred to remaining candidates according to the next preference indicated on them. If a ballot paper is to be transferred and the second preference shown on it is for a candidate already elected or eliminated, the vote passes to the third choice and so on.
How the Single Transferable vote works in our form of proportional representation When votes are counted if any person has more votes than he/she needs to the elected (i.e. exceed the quota) the surplus of votes is distributed to the other candidates in accordance with the decision of each elector. For example, the quota is 8,000 and candidate gets 11,000 votes. All of the votes are examined ad if, say, candidate B is shown to be the second preference of 30% of A’s voters, Candidate B receives from candidate A 30% of his/her surplus i.e. (11,000-8.000) 3,000*30% =900 votes. Each candidate who
received a second preference gets his/her share of the surplus in the same way. While a seat or seats remain to be filled and no elected candidate has a surplus to distribute (or has such a tiny surplus it would not affect the outcome) the candidate with the lowest number of votes is then eliminated from the contest. All of the votes of an eliminated candidate are distributed in accordance with the wishes of the voters.
Completion of Counting This process continues until all the seats have been filled. If the number of seats left to be filled is equal to the number of candidates still in the running, those remaining candidates are declared elected without having reached the quota.
Recount A returning officer may recount all or any of the papers at any stage of a count. A candidate of the election agent of a candidate is entitled to ask for a recount of the papers dealt with at a particular count or to ask for one complete recount of all the parcels of ballot papers. When recounting, the order of the papers must not be disturbed. If a significant error is discovered, the papers must be counted afresh from the point at which the error occurred.
Results When the count is completed, the returning officer declares the results of the election, endorses the names of the elected members on the writ issued to him or her by the Clerk by the Dáil who notifies elected members of the date the Dáil will meet. At this first meeting of the Dáil following an election all of the writs (results) for each constituency are read out by the Clerk as the first business of the new Dáil.
The ‘Tallyman’ The Tally man (male or female) is a representative of a Party or candidate, usually a volunteer supporter, who stands outside a rail at the election count centre but can observe each voting paper as it is taken from the polling booth box and straightened out before the voting papers are counted. By observing and recording the first preference vote on a significant sample of these they can predict the outcome of the election from each box of votes, usually with great accuracy, from early on in the count. By getting samples from each of the boxes candidates and parties can see where their strengths and weaknesses lie in each constituency.
Bye-Elections Casual vacancies in the membership of the Dáil are filled by bye-elections. On the instruction of the Dáil, the Clerk issues a writ to the returning officer for the constituency concerned directing the holding of a bye-election to fill the vacancy. The procedure at a bye-election is the same as at a general election.
Election Expenditure The amount of expenditure that may be incurred by candidates and political parties at Dáil election is also regulated by law. The control of expenditure operates through a system of agents. The national agent o each political party and the election agent of each candidate is required to furnish to the Standards in Public Office Commission, within 56 days of polling day, a statement in writing of all expenses incurred in connection with the election. A copy of each statement to the Standards in Public Office Commission is laid before each House of the Oireachtas.
Reimbursement of Election Expenses Elections expenses up to a current maximum of €8,700 are reimbursed from the Exchequer to: a candidate who is elected at either a general election or a bye-election, an unsuccessful candidate at a general election who is not elected but the greater number of votes credited to him/her exceeds a quarter of the quota of votes necessary for election, an unsuccessful candidate at a bye-election who is not elected but the greatest number of votes credited to him/her a quarter of what would have been the quota had the election been a general election.
Electoral Law The law relation to the election of members to the Dáil can be viewed at www.environ.ie.
SEANAD ÉIREANN Structure of the Seanad The Seanad is comprised or 60 members. 11 members are nominated by the Taoiseach. 6 members are elected by University graduates and 43 are elected from panels of candidates representing specified vocational interests. The Seanad is one of the Houses of the Oireachtas and makes laws jointly with the Dáil. Bills, except a Money Bill or a Bill to amend the Constitution which must commence their lives in the Dáil, can be first introduced in either House. The Seanad, often through joint Committees with the Dáil, holds the Government accountable for its stewardship.
Who can become a Senator? Every citizen of Ireland over 21 years of age who is not disqualified by the Constitution or by law is eligible to be elected to the Seanad. A member of the Seanad is referred to as Seanadóir or Seanator. You cannot be a member of both the Dáil and Seanad.
Time of Election A general election to the Seanad must take place not later than 90 days after the dissolution of the Dáil. The dates for the various stages of the election are appointed by order of the Minister for the Environment, Community and Local Government.
Method of Election The elections are held on the system of proportional representation by means of the single transferable vote, by secret postal ballot.
Election of 43 Panel Members Five panels are formed of candidates having knowledge and practical experience of the following interests and services respectively: (i) cultural and educational panel-national language and culture, literature, art, education, law and medicine, (ii) agricultural panel – agricultural and allied interests and fisheries (iii) labour panel – labour, whether organised or unorganised (iv) industrial and commercial panel – industry and commerce, including banking, finance, accountancy, engineering and architecture (v) administrative panel – public administration and social services, including voluntary social activities.
Register of Nominating Bodies The Clerk of the Seanad maintains a register o bodies entitles to nominate candidates to the panels of candidates. To be eligible for registration as a nominating body, an organisation must be concerned mainly with and be representative of the interests and services of one or other of the panels. A body cannot be registered respect of more than on panel. Organisations which are mainly profit-making concerns are not eligible for registration. The register is revised annually.
Nomination of Candidates There are two sub panels for each panel: the Nominating Bodies sub-panel and the Oireachtas sub-panel. Each nominating body registered in respect of a panel may nominate a fixed number of candidates for that panel. There candidates comprise the nominating bodies sub0panel of the different panels. Any four
members of the newly elected Dáil or outgoing Seanad may nominate one candidate for any panel but each member may join in only one nomination. These candidates form the Oireachtas sub-panel. A specified minimum number of members must be elected for each sub-panel
Number of Elected Members The number of members to be elected from each panel is as follows – cultural and education 5 members, agricultural 11 members, labour 11 members, industrial and commercial 9 members and administrative 7 members. 43 members in total. The panels have two sub-panels and a given number of senators (as specified by law) must come from each sub-panel, as outlined above.
The Poll The returning officer issues to each voter a list of the candidates nominated for each panel, indicating the bodies or persons who made the nominations. On the day appointed by order of the Minister for Environment, Community and Local Government, the returning officer sends by registered post to each voter five ballot papers (one for each panel) showing the names of the candidates in alphabetical order, their addresses and descriptions, photographs, if any and the sub-panel for which each in nominated. The political affiliation, if any, of the candidate is not shown on the ballot paper. The voter, after completing a declaration of identity in the presence of an authorised person, marks on each paper the order of their choice of candidates and returns the ballot papers by registered post to the retuning officer.
The Count There is a separate count for each panel. The ballot papers are sorted in accordance with the first preference shown on them. To facilitate counting each vote is given the value of 1,000. The appropriate value of his or her first preference votes is credited to each candidate. The quota is the maximum number of votes necessary to guarantee the election candidate. It is ascertained by dividing the total value of the valid votes by one more than the number of seats to be filled and adding one to the result. If, for example, the total value of the votes cast in relation to a panel id 900,000 and there are 5 seats to be filled, the quota will be 150,001 that is 9000,000/(5+1)=150,000+1. It will be seen that, in this example, only five candidates (the number to be elected) could possibly reach the quota. In respect of each of the five panels, if the value of a candidate’s votes equals or exceeds the quota, he/she is deemed elected unless his/her election would make impossible the election of the minimum number of members from each sub-panel. If a candidate receives more than a quota, the surplus is distributed is distributed to the remaining candidates in accordance with the next effective preference shown on the elected candidate’s ballot papers. Where the maximum number of candidates on that sub-panel are distributed in accordance with the next effective preference shown the ballot papers concerned. If no candidate has a surplus, the lowest candidate is excluded and his or her votes distributed at the value at which he or she received them. A candidate cannot, however, be excluded if his or her exclusion would make impossible the election of the maximum number of members from each sub-panel. As with the Dáil Election Count, the concept of the distribution of a surplus is easier to follow when one observes an actual count in operation.
Election of 6 University Members The constituencies for the election of university members to the Seanad are the National University of Ireland and the University of Dublin. The graduates of each elect 3 members. The other universities and institutions of higher education are not represented in the Seanad at present – thought an amendment to the Constitution now allows the Oireachtas to make a law changing this. Candidates must be nominated by two registered electors for the university. Eight other registered electors for the university must assent to the nomination. There is no requirement that a candidate must be a graduate of the university concerned or be connected with it in any way. Within 7days after the dissolution of the Dáil the Minister for the Environment, Community and Local Government is required to appoint the relevant dates for the conduct of a general election of university members to the Seanad. The election is conducted by a returning officer who is an officer of the university concerned. Voting is by post and the election is held in accordance with the principals of proportional representation, each elector having a single transferable vote. When issuing ballot papers, the returning officer also issues a form of declaration of identity which must be completed by the elector in the presence of a witness and returned with the ballot paper. The count is conducted in the same manner as a count at an election of members to the Dáil. When a casual vacancy occurs through the death, disqualification or resignation of a university member, the vacancy is filled by bye-election. The procedure is the same as that at a general election of university members.
Disclosure of Donations Similar regulations apply in relation to the acceptance and disclosure of donations for political purposes as the case for Dáil Éireann
European Parliament Jim Higgins MEP is one of 12 Irish MEP’S and was elected to represent Ireland West. Contact Jim: jim.higgins@europarl.europa.eu The European Parliament is elected to promote the interests of the almost 500 million citizens of the European Union. It has legislative, budgetary and supervisory powers through which it plays a vital part in the EU budget. The Parliament has 754 members representing 27 member States. Through specialist committees the Parliament fulfils its role. It ratifies the appointment of the European Commission and can remove the Commission from office. The parliament originally consisted of delegates nominated by the national parliaments of the Member States but since Jim Higgins MEP 1979, Members of the European Parliament (MEPs) have been elected directly. Ireland had 13 MEPs reducing to 12 for the 2009 election, and Northern Ireland has a further 3. The Plenary sessions of Parliament are held in Strasbourg, France, though what are called mini sessions can be held in Brussels. The Committees of Parliament meet in Brussels where MEPs spend about three-quarters of their parliamentary attendance time.
Election of Irish Members to the European Parliament The Republic’s members of the European Parliament are elected by secret ballot in four constituencies (Dublin 3 members, East 3 members, North West 3 members and South 3 members) under the single transferable vote system of proportional representation. Direct elections to the European Parliament are held every five years: the first direct elections were held in 1979. The elections take place in each Member State within a four-day period in the month of June fixed by the Council of the European Union.