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The RegisTeR of elecToRsIn 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:• Irishcitizensmyvoteateverelectionandreferendum.• BritishcitizensmayvoteatDáil,Europeanandlocalelections.• OtherEUcitizensmayvoteatEuropeanandLocalelections.• Non-EUcitizensmayvoteatlocalelectionsonly.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.

Preparation of Register Thedraftregisterispublishedonthe1stNovemberand,aspartoftheannualpublicinformationcampaign,is made available for examination at post offices, public libraries, Garda stations and local authority offices uptothe25thNovemberandthepublicare invitedtocheckthedraftduringthisperiodtomakesurethey 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.

Postal Voters ListRegistration authorities prepare a postal voters list as part of the register of electors. Applications for inclusioninthelistmustbereceivedby25thNovemberatthelatest.The following categories of persons are of persons are registered as postal voters:• Whole-timemembersoftheDefencesForces• IrishDiplomatspostedabroadandtheirspousesThe following categories of persons may apply for registration as postal voters:• MembersoftheGardaSíochána• Personslivingathomewhoareunabletogotoapollingstationtobecauseofaphysical illnessor

physical disability• Personswhoseoccupationsarelikelytopreventthemfromvotingattheirfromvotingattheir local

stationonelectionday,includingfull-timestudentsregisteredathomewhoarelivingelsewherewhileattending 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.

Special Voters ListAs 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 stationtovote.Applicationstobeenteredonthespecialvoterslistmustbemadebythe25thNovemberand in the case of first application must be accompanied by a medical certificate.Electorsonthespecialvoterslistvoteatthehospital,nursinghomeectwheretheyareresidingbymarkinga 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 AddressSince 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

Who can become an MEP?Every Irish citizen and every resident EU citizen, over 21 years of age, who is not disqualified byCommunity of national law and is not standing as a candidate in another member State, is eligible to be electedinIrelandtotheEuropeanParliament,Personsundergoingaprisonsentenceinexcessofsixmonths,undischargedbankruptsandpersonsofunsound mind are disqualified from election. Certain occupations are incompatible with membership of theParliament,forexample,MinistersandMinistersofState,MembersoftheHousesoftheOireachtas,membersof the judiciary,members&officialsof variousEU institutions, civil servants,whole timemembersoftheDefenceForcesandGardaí.Irish citizens living in another Member State are entitled to contest the European elections in thatcountry. However, a person is not entitled to seek election to the Parliament in more than oneconstituency or country.

Who conducts the Election?TherearefourEuropeanreturningofficerswhoareresponsibleforconductingtheelectionineachofthefourconstituencies.AEuropeanlocalreturningofficerhastheresponsibilityoftakingthepollineachcountyandcity.TheEuropeanreturningofficersareappointedbytheMinisterfortheEnvironment,CommunityandLocalGovernmentandmustbeacountyregistraroracityorcountysheriff.

Nomination of CandidatesEUcitizenslivinginIrelandcanstandforelectioninanyEuropeanConstituencyintheState.CandidatesataEuropeanelectioninIrelandmustbeatleast21yearsofage.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 formmustbeassentedtoby60electorswhoareregisteredasEuropeanelectorsintheconstituency.If the candidate is not an Irish orBritish citizen, thenominationpapermust be accompaniedby astatutorydeclarationandanattestationfromthecandidate’shomeMemberStatecertifyingthattheyhave not been deprived, through an individual criminal or civil law decision, of the right to stand as a candidateattheEuropeanelectioninthehomeState.Theinformationinthestatutorydeclarationissent to the persons home State to guard against dual candidacy.AcandidatemayincludepartyaffiliationinthenominationpaperasinthecaseofDáilelections.Thereturningofficermust,asinthecaseofnominationsforDáilelectionruleonthevalidityofanominationpaper within one hour of its presentation.

Replacement CandidatesCasualvacancies in theParliamentarefilled from listsof replacementcandidatespresentedat theelection. The replacement list presented by a registered political party may contain up to 4 names more thanthenumberofcandidatespresentedbythepartyintheconstituency:thereplacementlistofanon-partycandidatemaycontainupto3names.AreplacementcandidatewhoisanationalofaMemberStateotherthanIrelandandtheUnitedKingdommustmakeastatutorydeclarationandprovidethenecessaryattestationfromtheirhomeMemberState.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 CountThe count is conducted in the same way as for Dáil elections. When the count is completed, thereturning officer declares the results of the election and returns the names of the elected members to theChiefreturningofficerfornotificationtotheEuropeanParliament.

Casual VacanciesCasual vacancies arising in Ireland’s representation in the European Parliament are filled from thereplacementcandidateslistpresentedbythepartyornon-partycandidatewhichwontheseatattheprevious election. The vacancy is filled by the person standing highest on the relevant list who is both eligibleandwillingtobecomeanMEP.IfnoreplacementcandidateslistwaspresentedinrespectoftheMEPwhowontheseatattheelectionofitisnotpossibletofillthevacancyfromtherelevantlist,DáilÉireannmayselectapersontofillthevacancyfromanyreplacementcandidateslistpresentedforthat constituency at the election.

local auThoRiTiesStructure and membership of local authoritiesThere 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 andWaterford. Borough Councils havecertain local government functions in the larger towns. Town Councils have limited functions in 75 towns throughout the country.Localauthoritiesareresponsiblyforawidevarietyofimportantpublicservicesatlocallevelsuchas:roads, water, parks, libraries, housing, community sport and development, fire services, public lighting, sewage disposal, cleansing, planning zoning etc.

Eligibility for ElectionEverypersonwhoisacitizenofIrelandorordinarilyresidentintheStateandhasreachedtheageof18 years and is not subject to any of a series of disqualifications similar to those in place for election to DáilÉireann.ArecentadditionalgroupnowdisqualifiedfromseekingelectiontoalocalauthorityaremembersofDáilandSeanad.MembersoflocalauthorityarecalledCouncillors.

Where are local elections held?LocalelectionsaregenerallyheldeveryfiveyearsinthemonthofJune.Theactualpollingday,whichisthesameinallareas, isfixedbyorderof theMinisterfortheEnvironment,CommunityandlocalGovernment.

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.

The CountTheprocessfollowedisthesameaswiththecountforDáilÉirenn.Whenthecountiscompleted,thereturning 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.

Chairman/MayorLocalauthoritiesannuallyelectaChairman,CathaoirleachorMayor(lordmayorinthecaseofDublinand Cork city councils) from among their members. The Chairman presides at all meetings of the council.

Expenditure & DonationsThe 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. TherequirementsaresimilartothoseapplyingtoDáilcandidates.

Local Electoral LawThe law governing local elections can be found at www.environ.ie

RefeRenda in iRelandThere 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 TheConstitutionofIreland(BunreachtnahÉireann)canonlybeamendedwiththeapprovalofthepeopleat a referendum. There have been twenty three Constitutional amendments to date in foot of referenda heldoveranumberofdecades,thedateofwhichwasin1972.NineproposalstoamendtheConstitutionwere rejected at referendum.

Procedure at a Constitutional ReferendumUnderArticle46oftheConstitution,aproposaltoamendtheConstitutionmustbeintroducedintheDáilasaBill.WhenabillhasbeenpassedbybothHouseoftheOireachtas,itmustbesubmittedtothepeopleforapproval at a referendum. If a majority of the votes cast at the referendum are in favour of the proposal. TheBillissignedbythePresidentandtheConstitutionisamendedaccordingly.

The PollWhentheHousesoftheOireachtashavepassedabillcontainingaproposaltoamendtheConstitution,theMinisterforEnvironment,CommunityandLocalGovernmentappointsareferendumreturningofficerwhoisresponsible for the overall conduct of the referendum including the count and the declaration of the result. ThecountryisdividedintothesameconstituenciesasforaDáilelectionandtheDáilreturningofficerforaconstituency is the local returning officer for the constituency at a referendum. The local returning officer is responsible for the polling arrangements in each constituency.PollingdayisappointedbyorderoftheMinisterforEnvironment,CommunityandLocalGovernmentandmust 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.ThepollinginformationcardalsocontainsaformalstatementprescribedbytheOireachtasregardingthesubject matter of the referendum. The explanatory statement is displayed at each polling station. The lawrequiresthattheBillcontainingaproposaltoamendtheConstitutionmustbemadeavailableatpostoffices for free inspection and for purchase at nominal price. At each polling station the pool is taken by a presidingofficer,assistedbyapollclerk,Personationagents,appointedbymembersoftheOireachtasandby 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 disseminateinformationonthesubjectmatterofareferendum.TheMinisterforEnvironment,CommunityandLocalGovernmentmayestablishsuchaCommissionnotearlierthanthedateonwhichaConstitutionAmendmentBillisinitiatedinDáilÉireann(incaseofan“ordinaryreferendum”,notlaterthanthedateofthe order appointing polling day). A commission comprises a chairperson who must be a former Supreme CourtjudgeoraservingorformerHighCourtjudgenominatedbytheChiefJustice;theComptrollerandAuditorGeneral;theOmbudsman;andtheClerksoftheDáilandtheSeanad.Theroleofareferendumcommission 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.

VotingVoting 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 includeaheeding indicativeof theproposal. Onpollingday, theelectorapplies for theballotpaperbystating 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 whetherornothe/sheapprovesofthemarkingan“X”ineitherthe“yes”boxorthe“no”boxontheballotpaper. 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 CountThevotesarecountedintheindividualDáilconstituenciesatadesignatedcountcentre.Eachballotboxis 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 oftheOireachtasandbybodiesapprovedbytheReferendumCommission.

Referendum Result Basedonthelocalreturningofficersreportsfromeachconstituency,thereferendumreturningofficerdrawsup a provisional referendum certificate stating the overall result of the voting and indicating whether or not theproposalhasbeenapproved.TheprovisionalcertificateispublishedintheIrisOifigiúil.Within7daysaftertheformalpublication,anyelectormayapplytotheHighCourtforleavetopresentapetitionquestionthe provisional certificate. If no petition is presented, the certificate becomes final and, if it shows that thatmajorityofthevotescastinfavouroftheproposal,therelevantBillissignedbythePresidentandtheConstitution is amended accordingly.

Ordinary ReferendumArticles 27 and 47 of the Constitution also provide for a referendum on a proposal other than a proposal toamendtheConstitution(referredtoinlawas“ordinaryreferendum”).Anordinaryreferendummytakeplacewhen thePresident,on receiptofa jointpetition fromamajorityofmembersof theSeanadandnot lessthanonethirdof themembersof theDailandfollowingconsultationwiththeCouncilofState,decidesthataBillcontainsaproposalofsuchnationalimportancethatofthepeoplethereonoughttobeascertained before the measure becomes law. Where the President decides that a Bill which is the subject of a petition contains a proposal of suchnational importance that the will of the people on it ought to be ascertained he/she must decline to sign thebillunlessitisapprovedbythepeopleatareferendumwithin18monthsofthePresident’sdecision,oritisapprovedbyaresolutionoftheDáilwithinthat18monthperiodafterholdingofageneralelection

Law relating to Referendum The law relating to the referendum can be found at www.envrion.ie

contact John o’Mahony TdConstituency Office,

D’Alton Street, Claremorris, Mayo.Tel: 094 9373560 Fax: 094 9373379

Dáil Office: 01 6183706Text: 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

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.

how the system of government Works

democracy in ireland

Johno’Mahony Td

Constituency Office, D’Alton Street, Claremorris, Mayo.

Tel: 094 9373560 Fax: 094 9373379Dáil Office: 01 6183706

Text: 086 326 8041Email: john.omahony@oir.ie

www.johnomahony.ie http://facebook.com/john.omahonytd https://twitter.com/JohnOMahonyTD

Timing of Dáil ElectionsADáilelection(generalelection)mustbeheldwithin30daysafterthedissolutionoftheDáil.TheclerkoftheDáilissuesawrittothereturningofficerineachconstituencyinstructionhimorhertoholdanelectionfor the prescribed number of members. The returning officer is the county registrar or, in Dublin andCork, 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.TheMinisterfortheEnvironmentappointsthepollingdaywhichmustbebetweenthe18thand25thday(excludingGoodFriday,SundaysandPublicHolidays)aftertheissueofthewrit.TheMinisteralsoappointsthe polling period which must consist of at least 12 hours between 7.00 am and 10.00 pm.

The Electoral SystemVotingataDáilelectionisbysecretballotusingthePR-STVsystem(proportionalrepresentationbymeansofthesingletransferablevote).PR-STVallowselectorstoindicatetheirfirstandsubsequentchoicesforthe candidates on the ballot paper.

Who Can Be Elected?Everycitizenof Irelandover21yearsofagewho isnotdisqualifiedunder theConstitutionorby law iseligible tobeelected to theDáil. Amemberof theDáil is referred toasaTeachtaDála (TD). Personsundergoing a prison sentence in excess of six months, undischarged bankrupts and person of unsound mindaredisqualifiedfrommembershipoftheDáil.CertainoccupationsdisbarapersonfrommembershipoftheDáil,forexample,membersofthejudiciary,seniorofficialoftheinstitutionsoftheEuropeanUnion,civilservants,wholetimemembersofthedefenceForcesandGardaí.

Nomination of CandidatesCandidatesmaynominatethemselvesorbenominatesbyaDáilelector(apersonwhoisentitlestovote)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’orleavetheappropriatespaceblank.Candidates at a Dáil election, not in possession of a certificate of political affiliation, must have theirnominationpapersassentedtoby30Dáilelectorsregisteredintheconstituency.The30electorsmustassent 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 Pollingplacesareappointedbycountyorcitycouncils.Thereturningofficerprovidespollingstationsateach 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.Ateachpollingstationthepollistakenbyapresidingofficerassistedbyapollclerk.Eachcandidatemayberepresented at a polling station by a personation agent who assists in the prevention of electoral offences.

Voting ArrangementsGenerally,electorsvoteinpersonattheirlocalpollingstation.Onpollingday,theelectorappliesfortheballot 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.Apersonmayonlyvoteonceat theelection. Personswithavisual impairment,aphysicaldisabilityorliteracy 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 CountCounting ArrangementsAll ballot boxes are taken to a central counting place for each constituency. Agents of the candidates are permittedtoattendatthecountingplacetooverseethecountingprocess.Beforethecountingofvotesbegins, 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 pollingday.Eachballotboxisopenedandthenumberofballotpaperscheckedagainstareturnfurnishedby each presiding officer. They are then thoroughly mixed and sorted according to the first preferences recorded for each candidate, invalid papers being rejected.

QuotaThe 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 numbertobeelected)couldpossiblyreachthequota.(8001*4=32,004;40,000-32,004leavesonly7,996)

Elimination of CandidateIf 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 representationWhen 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 adif,say,candidateBisshowntobethesecondpreferenceof30%ofA’svoters,CandidateBreceivesfromcandidateA30%ofhis/hersurplusi.e.(11,000-8.000)3,000*30%=900votes.Eachcandidatewho

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 CountingThis 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.

RecountA 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.

ResultsWhen the count is completed, the returning officer declares the results of the election, endorses the names of theelectedmemberson thewrit issued tohimorherby theClerkby theDáilwhonotifieselectedmembersofthedatetheDáilwillmeet.AtthisfirstmeetingoftheDáilfollowinganelectionallofthewrits(results)foreachconstituencyarereadoutbytheClerkasthefirstbusinessofthenewDáil.

The ‘Tallyman’TheTallyman(maleorfemale)isarepresentativeofaPartyorcandidate,usuallyavolunteersupporter,who stands outside a rail at the election count centre but can observe each voting paper as it is taken fromthepollingboothboxandstraightenedoutbeforethevotingpapersarecounted.Byobservingandrecording the first preference vote on a significant sample of these they can predict the outcome of the electionfromeachboxofvotes,usuallywithgreataccuracy,fromearlyoninthecount.Bygettingsamplesfrom each of the boxes candidates and parties can see where their strengths and weaknesses lie in each constituency.

Bye-ElectionsCasualvacanciesinthemembershipoftheDáilarefilledbybye-elections.OntheinstructionoftheDáil,the Clerk issues a writ to the returning officer for the constituency concerned directing the holding of a bye-electiontofillthevacancy.Theprocedureatabye-electionisthesameasatageneralelection.

Election ExpenditureTheamountofexpenditurethatmaybeincurredbycandidatesandpoliticalpartiesatDáilelectionisalsoregulated 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 PublicOfficeCommission,within56daysofpollingday,astatementinwritingofallexpensesincurredinconnectionwiththeelection.AcopyofeachstatementtotheStandardsinPublicOfficeCommissionislaidbeforeeachHouseoftheOireachtas.

Reimbursement of Election ExpensesElectionsexpensesuptoacurrentmaximumof€8,700arereimbursedfromtheExchequerto:acandidatewho is elected at either a general election or a bye-election, an unsuccessful candidate at a generalelection who is not elected but the greater number of votes credited to him/her exceeds a quarter of the quotaofvotesnecessaryforelection,anunsuccessfulcandidateatabye-electionwhoisnotelectedbutthe 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 LawThelawrelationtotheelectionofmemberstotheDáilcanbeviewedatwww.environ.ie.

seanad ÉiReannStructure of the SeanadThe Seanad is comprised or 60 members. 11 members are nominated by the Taoiseach. 6 members areelectedbyUniversitygraduatesand43areelectedfrompanelsofcandidatesrepresentingspecifiedvocationalinterests.TheSeanadisoneoftheHousesoftheOireachtasandmakeslawsjointlywiththeDáil.Bills,exceptaMoneyBilloraBilltoamendtheConstitutionwhichmustcommencetheirlivesintheDáil,canbefirstintroducedineitherHouse.TheSeanad,oftenthroughjointCommitteeswiththeDáil,holds the Government accountable for its stewardship.

Who can become a Senator?EverycitizenofIrelandover21yearsofagewhoisnotdisqualifiedbytheConstitutionorbylawiseligibleto be elected to the Seanad. A member of the Seanad is referred to as Seanadóir or Seanator. You cannot beamemberofboththeDáilandSeanad.

Time of ElectionAgeneralelectiontotheSeanadmusttakeplacenotlaterthan90daysafterthedissolutionoftheDáil.ThedatesforthevariousstagesoftheelectionareappointedbyorderoftheMinisterfortheEnvironment,CommunityandLocalGovernment.

Method of ElectionThe elections are held on the system of proportional representation by means of the single transferable vote, by secret postal ballot.

Election of 43 Panel MembersFive panels are formed of candidates having knowledge and practical experience of the following interests andservicesrespectively:(i)culturalandeducationalpanel-nationallanguageandculture,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 BodiesThe 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 registeredrespectofmorethanonpanel.Organisationswhicharemainlyprofit-makingconcernsarenoteligible for registration. The register is revised annually.

Nomination of CandidatesTherearetwosubpanelsforeachpanel:theNominatingBodiessub-panelandtheOireachtassub-panel.Eachnominatingbodyregisteredinrespectofapanelmaynominateafixednumberofcandidatesforthat panel. There candidates comprise the nominating bodies sub0panel of the different panels. Any four

The PResidenTThe president is directly elected by the people. To be a candidate a citizen must be over 35 years of ageandmustbenominatedeitherbynotlessthan20membersiftheDáilorSeanadÉireann,ornotlessthan4administrativecounties.FormerorretiringPresidentsmaybecomecandidatesontheirown nomination.The term of office is 7 years and a President may not serve more than 2 terms. The Presidentrepresents the Irish people when undertaking official engagements at home and abroad.

Powers and functionsThePresident,whodoesnothaveanexecutiveorpolicyrole,exercisemostpowersandfunctionsontheadviceoftheGovernment.TherearesomespecificinstanceswherethePresidenthadanabsolutediscretion,suchasinreferringaBilltotheSupremeCourtforajudgementonitsconstitutionalityorinadviceofaTaoiseachwhoceasedtoretainthesupportofamajorityofTD’s.AdditionalfunctionscanbeconferredonthePresidentbylaw.ThePresidentappointstheTaoiseachonthenominationofDáilÉireann;andtheothermembersoftheGovernmentonthenominationoftheTaoiseachafterDáilapproval.OtherofficeholdersappointedbythePresident,ontheadviceoftheGovernment,includejudges,theAttorneyGeneral,theComptrollerandAuditorGeneral,andcommissionedofficersoftheDefenceForces.ThePresidentsummonsanddissolvesDáilÉireannontheadviceoftheTaoiseach.ThePresidenthasanabsolutediscretion to referaBill to theSupremeCourt fora judgmenton itsconstitutionality(butnotamoneyBill,certifiedassuchbytheChairmanofDáilÉireann,oraBill toamendtheConstitution).BeforemakingareferralthePresidentmustfirstconsulttheCouncilofStatebutisnotboundbytheiradvice.TheconstitutionalityofanyBillsignedfollowingareferralmaynotbesubsequently challenged in the courts, so this power is used sparingly.ThePresident,afterconsultationwiththeCouncilofState,mayaddresstheHousesoftheOireachtason any matter of national or public importance. The text of any such address must be approved by the Government.ThesupremecommandoftheDefenceForcesisvestedinthePresident.Theexerciseofthe supreme command is, however, regulated by law in accordance with Article 13 of the Constitution. TheDefenceForcesoperateunderthedirectionoftheGovernmentthroughtheMinisterforDefence.TherelevantlawisSection17oftheDefenceAct,1954,whichreadsasfollows:MilitaryCommand17.(1)UnderthedirectionofthePresidentandsubjecttotheprovisionsofthisAct,themilitarycommandof,allexecutiveandadministrativepowersinrelationto,theDefenceForces,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, throughandbytheMinister.Aspecial(Presidential)CommissionactswheneverthePresidentisabsentorunabletodischargeherresponsibilities.ThisismadeupoftheChiefJustice,theCeannComhairleandtheCathaoirleachofSeanadÉireann.ThecurrentPresidentofIrelandisMichaelDHigginsforfurtherinformationseewww.president.ie

The oiReachTas & goveRnMenTIrelandisaparliamentarydemocracy.TheNationalParliament(Oireachtas)consistsofthePresidentandtwoHouses:DáilÉireann(theHouseofRepresentatives)andSeanadÉireann(theSenate)whosepowersandfunctionsderivefromtheConstitution(BunreachtnahÉireann)enactedbythepeopleon1stJuly1937andwhichcameintoeffecton20thDecember1937.EachHouseof theOireachtashaspowerunder itsStandingOrders(i.e.rulesofprocedure) toformcommittees for specificpurposes. Thereare four typesof committees:Standing,Select, JointandSpecial.AstandingCommitteeisonewhichissetup,usuallyonalong-termbasis,bytheStandingOrders;forexamplethePublicAccountsCommitteewhichhasexistedsincethefoundationoftheState.A Select committee is a Committee appointed from time to time but made up of only member of one House.AJointcommitteeisaCommitteewhichhasbothmembersoftheDáilandSeanad.ASpecialCommitteeissetupforthesolepurposeofconsideringaspecificBill.ThetwoHousesoftheOireachtas,theDáilandSeanadmakelaws.AlawisknownasaBillwhenitisintroducedandbecomesanAct(oftheOireachtas)whenpassedbythetwoHousesandsignedbythePresident.TheDáil elects theTaoiseachandapproves the appointment of otherMinisters nominatedbyhim.It raises taxes and, With the Seanad, often through joint Committees of both Houses, holds theGovernmentaccountableforitsstewardship.TheDáilmustapproveinternationalagreementsandonlytheDáilcanapproveanactofwar.

Role of the TaoiseachTheTaoiseach(theheadofgovernment)isappointedbythePresidentinthenominationofDáilÉireann.TheTaoiseachmustresignonlosingavoteofconfidenceintheDáil.TheTaoiseach, theTánaiste, and the Minister for Finance must be members of Dáil Éireann. TheothermembersoftheGovernmentmustbemembersofeitherDáilÉireannorSeanadÉireannbutnomore than two may be members of the Seanad. The Taoiseach nominates the other members of the GovernmentfortheapprovaloftheDáilandassignstheparticularDepartmentstotheMinistersontheirappointmentby thePresident. TheTaoiseachalsonominates theAttorneyGeneral forappointmentbythePresident. TheTaoiseachhasthepowertoadvisethePresidenttoaccepttheresignationofMinisters.TheGovernmentappointMinistersofStatetoassisttheCabinet(Government)incarryingout the business of Government. In addition, the Taoiseach nominates eleven persons to serve in SeanadÉireann.The Taoiseach answers questions in the Dáil where broad policy is concerned, or where issuesspecifictohisDepartmentareconcerned.TheTaoiseach,asheadoftheGovernment,isthecentralco-ordinatoroftheworkoftheMinistersandtheirDepartmentofState.TheTaoiseachalsoadvisesand guides the other members of the Government on issues requiring the successful working of the GovernmentasacollectiveauthorityresponsibletoDáilÉireann.TheTaoiseachisrequiredtokeepthePresidentinformedondomesticandinternationalpolicy.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.SomepolicyareasarebroughtundertheresponsibilityoftheDepartmentoftheTaoiseach.ThecurrentholderontheOfficeofTaoiseachisEndaKennyTD2011-todate.Forfurtherinformationonpreviousoffice holders see www.taoiseach.gov.ie.

dáil ÉiReannStructure of the Dáil TheDáiliscomprisedof166membersrepresenting43constituencies.TheConstitutionrequiresthetotalmembershipoftheDáiltobesetsothenationalaveragepopulationpermemberwillbebetween20,000 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 uparevisedschemeofconstituencieswhichisgiveneffectbyanActoftheOireachtas.ThemaximumlifeoftheDáilis7yearsbut,asprovidedforundertheConstitution,ashorterperiodof5yearshadbeensetbylaw.TheDáilmaybedissolvedbythePresidentontheadviceoftheTaoiseachat any time.

membersofthenewlyelectedDáiloroutgoingSeanadmaynominateonecandidateforanypanelbuteachmembermayjoininonlyonenomination.ThesecandidatesformtheOireachtassub-panel.Aspecifiedminimumnumberofmembersmustbeelectedforeachsub-panel

Number of Elected MembersThe 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 administrative7members.43membersintotal.Thepanelshavetwosub-panelsandagivennumberofsenators(asspecifiedbylaw)mustcomefromeachsub-panel,asoutlinedabove.

The PollThe returning officer issues to each voter a list of the candidates nominated for each panel, indicating thebodiesorpersonswhomadethenominations.OnthedayappointedbyorderoftheMinisterforEnvironment,CommunityandLocalGovernment,thereturningofficersendsbyregisteredposttoeachvoter five ballot papers (one for each panel) showing the names of the candidates in alphabetical order, theiraddressesanddescriptions,photographs,ifanyandthesub-panelforwhicheachinnominated.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 CountThere 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 numberofmembersfromeachsub-panel.Ifacandidatereceivesmorethanaquota,thesurplusisdistributed 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-panelaredistributed inaccordancewith thenexteffectivepreferenceshowntheballotpapersconcerned. 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 eachsub-panel.AswiththeDáilElectionCount,theconceptofthedistributionofasurplusiseasiertofollow when one observes an actual count in operation.

Election of 6 University MembersTheconstituenciesfortheelectionofuniversitymemberstotheSeanadaretheNationalUniversityofIrelandandtheUniversityofDublin.Thegraduatesofeachelect3members.Theotheruniversitiesandinstitutions of higher education are not represented in the Seanad at present – thought an amendment totheConstitutionnowallowstheOireachtastomakealawchangingthis.Candidatesmustbenominatedby tworegisteredelectors for theuniversity. Eightother registeredelectors 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.Within7daysafterthedissolutionoftheDáiltheMinisterfortheEnvironment,CommunityandLocalGovernment 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 samemannerasacountatanelectionofmemberstotheDáil.When a casual vacancy occurs through the death, disqualification or resignation of a university member,thevacancyisfilledbybye-election.Theprocedureisthesameasthatatageneralelectionof university members.

Disclosure of DonationsSimilar regulations apply in relation to the acceptance and disclosure of donations for political purposes asthecaseforDáilÉireann

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 theinterestsofthealmost500millioncitizensoftheEuropeanUnion.Ithaslegislative,budgetaryandsupervisorypowersthroughwhich itplaysavitalpart in theEUbudget. TheParliament has 754 members representing 27 memberStates. Through specialist committees the Parliamentfulfilsitsrole. ItratifiestheappointmentoftheEuropeanCommission and can remove the Commission from office.The parliament originally consisted of delegates nominated bythenationalparliamentsoftheMemberStatesbutsince1979, Members of the European Parliament (MEPs) havebeenelecteddirectly.Irelandhad13MEPsreducingto12

forthe2009election,andNorthernIrelandhasafurther3.ThePlenarysessionsofParliamentareheldinStrasbourg,France,thoughwhatarecalledminisessionscanbeheldinBrussels.TheCommitteesof Parliament meet in Brussels where MEPs spend about three-quarters of their parliamentaryattendance time.

Election of Irish Members to the European ParliamentTheRepublic’smembersoftheEuropeanParliamentareelectedbysecretballotinfourconstituencies(Dublin3members,East3members,NorthWest3membersandSouth3members)underthesingletransferable vote system of proportional representation. DirectelectionstotheEuropeanParliamentareheldeveryfiveyears:thefirstdirectelectionswereheldin1979.TheelectionstakeplaceineachMemberStatewithinafour-dayperiodinthemonthofJunefixedbytheCounciloftheEuropeanUnion.

Jim Higgins MEP