S.I. No. 162/1978:

EUROPEAN ASSEMBLY ELECTIONS (FORMS) REGULATIONS, 1978.

EUROPEAN ASSEMBLY ELECTIONS (FORMS) REGULATIONS, 1978.

The Minister for the environment in exercise of the powers conferred on him by section 19 of the European Assembly Elections Act, 1977 , (No. 30 of 1977) hereby makes the following Regulations:

1. These Regulations may be cited as the European Assembly Elections (Forms) Regulations, 1978.

2. In these Regulations a reference to the First Schedule is a reference to the First Schedule to the European Assembly Elections Act, 1977 .

3. Each of the forms in the Schedule hereto shall be the prescribed form for the purpose for which such form is expressed to be applicable.

SCHEDULE

A.E.1

(First Schedule Rule 2)

NOTICE OF EUROPEAN ASSEMBLY ELECTION

Constituency of............................................................ ............................................................ ......................................

I hereby give notice that an election of representatives to the Assembly of the European Communities is to be held in the above-mentioned constituency. If the election is contested, a poll will be taken on the ...... day of ............ 19.. between the hours of ..... a.m. and ..... p.m.

A person may nominate himself as a candidate or may, with his consent, be nominated by another person (being a person registered as an Assembly elector in the constituency).

Nomination papers may be obtained from the address below during office hours. £1,000 must be deposited with me in respect of a candidate before the expiration of the time for receiving nominations.

If a candidate wishes to be entered on the ballot papers as representing a registered political party, a Certificate of Political Affiliation must be produced to me with the completed nomination paper.

Completed nomination papers may be delivered to me in person by candidates or their proposers at any time when I am at my office between 10 a.m. on the ...... day of ......... 19... and 12 noon on the ...... day of ...... 19... which is the latest time for receiving nominations. I will attend to receive nomination papers at the address below on the day before the last day for receiving nominations and on such last day as follows:

10 a.m. to 12 noon and 2 p.m. to 5 p.m.

on the ..... day of ........... 19.. and

10 a.m. to 12 noon on the ...... day of ........... 19..

A.E.2

(First Schedule Rule 4)

NOMINATION PAPER

(Front of Form)

No ........................ (to be inserted by returning officer)

1. I nominate the person named under as candidate for election to the Assembly of the European Communities for the constituency of ........................................

2. I have read the notes on the back of this form and I hereby declare that I believe the person named as candidate to be eligible for election.

3. I hereby declare that the person named as candidate does not stand validly nominated as a candidate in respect of any other constituency.

5. My number and polling district letter on the Register of Electors for the County/County Borough of .................. are ...............

(To be completed only if the nomination is made by a person other than the candidate)

I rule that this nomination paper is valid (or -- is invalid because ............................................................ ...

............................................................ ............................................................ ............................................................ .....)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

To be handed or sent to the candidate

I have ruled that the nomination paper No. ....... of (insert name of candidate) ............................................................ ............................is valid (or -- is invalid because ............................................................ ............................................................ .....................................................)

NOMINATION PAPER (Continued)

(Back of Form)

These notes are for guidance only and do not purport to be a definitive statement of the law which is contained in sections 7 to 10 of and rules 4 to 10 of the First Schedule to the European Assembly Elections Act, 1977 .

Nomination.

1. A candidate may be nominated for one constituency only. A candidate may nominate himself or may, with his consent, be nominated by another person (being a person registered as an Assembly elector in the constituency).

Deposit.

2. A nomination will be deemed to have been withdrawn if a deposit of £1,000 is not lodged with the returning officer before 12 noon on the latest date for receiving nominations. The deposit may be made by means of legal tender or, with the consent of the returning officer, in any other manner. The deposit is returnable if --

( a ) a candidate withdraws his candidature before 12 noon on the day after the latest date for receiving nominations,

( b ) dies before the poll is closed,

( c ) has not, before the expiration of the time for the receipt of nominations, been validly nominated,

( d ) is elected,

( e ) is not elected but the greatest number of votes credited to him at any stage of the counting of the votes exceeds one-third of the quota.

The deposit will be returned to the person making it and the name of the person making the deposit should be entered at 4 overleaf.

Certificate of Political Affiliation.

3. A candidate may include in the nomination paper the name of the registered political party of which he is a candidate or the name of such party together with the name of any political group noted on the Register of Political Parties in relation to that party, provided a completed certificate of political affiliation is produced to the returning officer with the nomination paper. The name of the party or of the party and the political group should be entered in the appropriate columns overleaf. If a candidate does not represent a registered political party the column relating to a registered political party may be left blank or the words "Non-Party" may be entered.

Delivery of Nomination Paper.

4. The completed nomination paper should be delivered personally to the returning officer by the candidate or his proposer within the period fixed for the receipt of nominations.

Ruling on Nomination Paper.

5. The returning officer will rule on the validity of the nomination paper within one hour of its delivery to him. He may rule that it is invalid only if he considers that it is not properly made out or signed. He is required to object to a description of a candidate which is, in his opinion, incorrect, insufficient to identify the candidate or unnecessarily long. The candidate and his proposer, if any, and one other person designated by the candidate (or his proposer) and no other person, unless permitted by the returning officer, may attend the ruling.

Qualifications, Disqualifications, and Incapacities.

6. Citizens who have reached the age of 21 years and are not disqualified or incapacitated for election to Dáil Eireann are eligible for election to the Assembly.

Persons disqualified or incapacitated for election are,

(1) under the Constitution: a person holding the office of President, Judge or Comptroller and Auditor General;

(2) under section 51 of the Electoral Act, 1923: a member of the Defence Forces or any police force in the State on full pay, a civil servant unless permitted by his terms of employment to be a member, a person undergoing imprisonment with hard labour for a period exceeding six months or penal servitude for any term imposed by a Court in the State, a person of unsound mind, an undischarged bankrupt under an adjudication by a Court in the State.

Penalties.

7. A person is liable to imprisonment or fine under the European Assembly Elections Act, 1977 for--

(1) nominating a candidate or withdrawing a candidature without the candidate's consent,

(2) producing to the returning officer a nomination paper or certificate of political affiliation knowing the same to have been forged,

(3) making a false declaration that a candidate is eligible for election or does not stand validly nominated in respect of any other constituency.

A.E.3

(First Schedule Rule 4)

DEIMHNIÚ COMHALTAIS PHOLAITÍOCHTA

CERTIFICATE OF POLITICAL AFFILIATION

(Front of Form)

Feic na Treoracha ar chúl na Foirme seo

See Instructions on back of this Form.

(Back of Form)

TREORACHA

Féadfar an leagan Gaeilge nó an leagan Béarla d'úsáid. ní mór ainm. seoladh agus slí bheatha an iarrthóra sa deimhniú seo a bheith go díreach mar a bheidh siad ar an bpáipéar ainmniúcháin.

Ní mór an deimhniú a bheith sinithe ag an oifigeach nó na hoifigigh don pháirtí a bhfuil a anim nó a n-ainmneacha i gClár na bPáirtithe Polaitíochta mar oifigeach nó oifigigh atá údaraithe chun deimhnithe a shíniú ag fíordheimhniú iarrthóireacht iarrthóirí don pháirtí.

INSTRUCTIONS

The Irish or the English version of the certificate may be used. The name, address and occupation of the candidate in this certificate shall be the same as they will be in the nomination paper.

The certificate shall be signed by the officer or officers of the party whose name or names appear in the Register of Political Parties as being authorised to sign certificates authenticating the candidature of candidates of the party.

A.E. 4

(First Schedule Rule 22)

FORM OF BALLOT PAPER

(Front of Paper)

Toghchán do Thionól na hEorpa

European Assembly Election

(Back of Paper)

A.E.5

(First Schedule Rule 26)

RECEIPT FOR BALLOT PAPER

European Assembly Election

I acknowledge receipt of a ballot paper which I have put into the enclosed Ballot Paper Envelope.

SEE INSTRUCTIONS ON THE BACK OF THIS FORM

(Back of Form)

INSTRUCTIONS

When you have voted:

1. Put the ballot paper into the small envelope (marked "Ballot Paper Envelope") and close it.

2. Put the ballot paper envelope TOGETHER WITH THE COMPLETED RECEIPT into the large envelope addressed to the Returning Officer. Close it.

3. Post it at once or your vote may be too late to be counted. THE BALLOT PAPER MUST BE POSTED AND CANNOT BE HANDED TO THE RETURNING OFFICER.

A.E.6

(First Schedule Rule 28)

POLLING CARD

(Back of Card)

COIMEÁD AN CARTA SEO GO CÚRAMACH MAR THREOIR AN LÁ VOTAICHTA

Ní thugann an cárta seo údarás vótála d'éinne a bhfuil vótáil toirmiscthe air agus ní chruthaíonn sé céannacht an duine a mbeidh sé ar seilbh aige.

This card does not authorise any person to vote who is prohibited from voting nor does it establish the identity of the person in whose possession it may be.

KEEP THIS CARD CAREFULLY FOR REFERENCE ON POLLING DAY.

A.E. 7

(First Schedule Rule 36)

AUTHORISATION TO VOTE AT ALTERNATIVE POLLING STATION

European Assembly Election

whose number on the register of electors is ............................................................ ...... is prevented by his/her employment by me at an election for the above constituency from voting at the polling station allocated to him/her and I hereby authorise him/her to vote at .................................... polling station.

A.E.8

(First Schedule Rule 46)

BALLOT PAPER ACCOUNT

European Assembly Election

A.E. 9

(First Schedule Rule 58)

STATEMENT IN RELATION TO REJECTED BALLOT PAPERS

European Assembly Election

A.E. 10

(First Schedule Rule 68)

RETURN OF PERSONS ELECTED TO THE ASSEMBLY OF THE EUROPEAN COMMUNITIES

To:

The Chief Returning Officer.

I hereby certify that the names and descriptions of the persons elected in the above constituency to be representatives in the Assembly of the European Communities are as follows:

A.E. 11

(Section 13 and First Schedule Rule 70)

RETURN BY CHIEF RETURNING OFFICER OF PERSONS ELECTED TO THE ASSEMBLY OF THE EUROPEAN COMMUNITIES

To:

The Assembly of the European Communities

I have the honour to inform you that an election of representatives to the Assembly of the European Communities was held on the ............... day of .......................................... 19...... in Ireland pursuant to the Council Decision of the twentieth day of September 1976 and the Act annexed thereto.

The following persons were elected:

GIVEN under the Official Seal of the Minister for the

Environment this 15th day of June 1978.

SYLVESTER BARRETT,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations prescribe the forms to be used at elections of representatives to the Assembly of the European Communities.