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Section 8 states:
Where, before the reports of a Constituency Commission have been presented to the Chairman of the Dáil under section 9 , the person appointed to be chairperson of the Commission—
- (a) through ill-health or other reasonable cause becomes unable to act as such chairperson, the Chief Justice shall assign another judge of the Supreme Court or, following consultation with the President of the High Court, another judge of the High Court to be a member and the chairperson of the Commission;
- (b) ceases to hold office as a judge of the Supreme Court or of the High Court, the person shall continue as such chairperson until the reports of the Commission have been presented unless the Chief Justice assigns another judge of either court to be a member and the chairperson of the Commission.
(2) Where the holder of an office referred to in paragraphs (b) to (e) of section 7 , through ill-health or other reasonable cause, is unable to act as a member of a Constituency Commission or any such office is vacant, the Minister may appoint, in the case of—
- (a) the Ombudsman, the Director of the Office of the Ombudsman,
- (b) the Secretary of the Department of the Environment, another officer of the Minister, who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956 ,
- (c) the Clerk of the Dáil, the Clerk Assistant of the Dáil, and
- (d) the Clerk of the Seanad, the Clerk Assistant of the Seanad, to be a member of the Commission and the person so appointed shall remain a member of the Commission until the reports of the Commission are presented to the Chairman of the Dáil under section 9…
Section 28, subsection 5, paragraph (a) states:
If, before the relevant statement of election expenses has been furnished to the Public Offices Commission in accordance with section 36 , the appointment of a national agent or an election agent is revoked, or a person appointed as such national agent or election agent dies, resigns or is otherwise unable to act, another national agent or election agent, as the case may be, shall be appointed forthwith by the political party or candidate concerned.
Section 38, subsection 2 states:
Where it is shown to the court that the failure, error, omission or false or misleading statement arose—
- (a) due to the illness of a party to the proceedings,
- (b) where a party to the proceedings is a political party, due to the death, illness, absence or misconduct of the national agent of such political party or of any employee of such agent,
- (c) where a party to the proceedings is a candidate, due to the death, illness, absence or misconduct of his or her election agent or of any employee of such agent,
- (d) where a party to the proceedings is the national agent of a political party or the election agent of a candidate, due to the death, illness, absence or misconduct of any person who had previously been such agent, or of any employee of the party to the proceedings,
- (e) where a party to the proceedings is a person referred to in section 31 (7), due to the death, illness, absence or misconduct of any employee of such person, or
- (f) due to inadvertence or other reasonable cause not involving negligence on the part of such party to the proceedings, or the contravention, knowingly, by such party of the provisions of this Part, and was not due to any lack of bona fides on the part of such party to the proceedings and where the proceedings are based wholly or partly on the grounds of misconduct on the part of any person, such misconduct was without the approval or knowledge of such party to the proceedings and such party took all reasonable action to prevent such misconduct, the court may, on application to it by such party, on being satisfied that it is appropriate so to do, make such order granting relief for the failure, error, omission or false or misleading statement the subject of the proceedings as it considers reasonable.
Section 50, subsection 4, paragraph (a) states:
If, before the presidential election donation statement and the statement of election expenses have been furnished to the Public Offices Commission in accordance with sections 48 and 56 , respectively, the appointment of a presidential election agent is revoked or the person appointed as such agent dies, resigns or is otherwise unable to act, the candidate shall forthwith appoint another presidential election agent and shall notify in writing the name of the person so appointed and the address of the person's office to the presidential returning officer.
Section 58, subsection 2 states:
Where it is shown to the court that the failure, error, omission or false or misleading statement arose:
- (a) due to the illness of a party to the proceedings,
- (b) where a party to the proceedings is a candidate at the presidential election, due to the death, illness, absence or misconduct of his or her election agent or of any employee of such agent,
- (c) where a party to the proceedings is the election agent of a candidate at the presidential election, due to the death, illness, absence or misconduct of any person who had previously been such agent, or of any employee of the agent,
- (d) where a party to the proceedings is a person referred to in section 52 (6), due to the death, illness, absence or misconduct of any employee of the person, or
- (e) due to inadvertence or other reasonable cause not involving negligence on the part of such party to the proceedings, or the contravention, knowingly, by such party of the provisions of this Part, and was not due to any lack of bona fides on the part of such party to the proceedings and where the proceedings are based wholly or partly on the grounds of misconduct on the part of any person, such misconduct was without the approval or knowledge of such party to the proceedings and such party took all reasonable action to prevent such misconduct, the court may on application to it by such party, on being satisfied that it is appropriate so to do, make such order granting relief for the failure, error, omission or false or misleading statement the subject of the proceedings, as it considers reasonable.
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Article 46, subsection 3 states:
The special voter shall complete the declaration of identity and shall sign it or, if the voter is unable to write, place his or her mark thereon and the said signature, or as the case may be mark, shall be witnessed by the special presiding officer.
Article 60 states:
No person shall be admitted to a polling station other than—…
(f) companions of electors whose sight is so impaired or who are otherwise so physically incapacitated that they are unable to vote without assistance, while such companions are assisting such electors…
Article 62 states:
Where, not less than 7 days before the polling day at an election, an elector, whose name is not on the postal voters list or the special voters list, satisfies the returning officer that the elector is unable, by reason of that elector's physical illness or physical disability, to vote at the polling station at which the elector would otherwise be entitled to vote, and the returning officer is of opinion that it would be more convenient for the elector because of that physical illness or physical disability to vote at another polling station in the same local electoral area, the elector may, if so authorised in writing by the returning officer vote at such polling station in the same local electoral area as may be specified in the authorisation.
Article 65 states:
(1) Where an elector applying for a ballot paper satisfies the presiding officer that the elector's sight is so impaired or that the elector is otherwise so physically incapacitated or is unable to read or write to such an extent that he or she is unable to vote without assistance, this article shall apply.
(2) For the purposes of sub-article (1) the presiding officer may, and if required by any personation agent present in the polling station shall, administer to the elector before delivery of the ballot paper an oath…
(3) Where this article applies in the case of an elector who satisfies the presiding officer that the elector's sight is so impaired or that the elector is otherwise so physically incapacitated that he or she is unable to vote without assistance, the elector may request that the ballot paper shall be marked by a companion and, subject to sub-article (4), the companion may go with the elector into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper in the ballot box…
(5) Where this article applies and—
- (a) the elector is unable to read or write, or
- (b) the elector does not request that the ballot paper shall be marked by a companion, or
- (c) the elector having so requested, the marking of the ballot paper by the companion would be in contravention of sub-article (4), the presiding officer shall, in the presence of the elector and the personation agents and no other person, mark a ballot paper as instructed by the elector and shall then fold it and place it in the ballot box.
(6) A request made by an elector within two hours before the hour fixed by the Minister for the close of the poll to have the ballot paper marked for the elector under this article otherwise than by a companion may be refused by the presiding officer if, in the presiding officer's opinion, having regard to the number of electors then coming in to vote or likely to come in to vote before the close of the poll, acceding to such request would interfere with the proper discharge of the presiding officer's duties or would unduly obstruct the voting of other electors.
(7) Where a ballot paper is to be marked pursuant to sub-article (5) the presiding officer may assist the elector by reading out in full from the ballot paper the particulars stated in respect of each candidate, but the presiding officer shall not act on any written instruction…
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Section 8 states:
Where, before the reports of a Constituency Commission have been presented to the Chairman of the Dáil under section 9 , the person appointed to be chairperson of the Commission—
- (a) through ill-health or other reasonable cause becomes unable to act as such chairperson, the Chief Justice shall assign another judge of the Supreme Court or, following consultation with the President of the High Court, another judge of the High Court to be a member and the chairperson of the Commission;
- (b) ceases to hold office as a judge of the Supreme Court or of the High Court, the person shall continue as such chairperson until the reports of the Commission have been presented unless the Chief Justice assigns another judge of either court to be a member and the chairperson of the Commission.
(2) Where the holder of an office referred to in paragraphs (b) to (e) of section 7 , through ill-health or other reasonable cause, is unable to act as a member of a Constituency Commission or any such office is vacant, the Minister may appoint, in the case of—
- (a) the Ombudsman, the Director of the Office of the Ombudsman,
- (b) the Secretary of the Department of the Environment, another officer of the Minister, who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956 ,
- (c) the Clerk of the Dáil, the Clerk Assistant of the Dáil, and
- (d) the Clerk of the Seanad, the Clerk Assistant of the Seanad, to be a member of the Commission and the person so appointed shall remain a member of the Commission until the reports of the Commission are presented to the Chairman of the Dáil under section 9…
Section 28, subsection 5, paragraph (a) states:
If, before the relevant statement of election expenses has been furnished to the Public Offices Commission in accordance with section 36 , the appointment of a national agent or an election agent is revoked, or a person appointed as such national agent or election agent dies, resigns or is otherwise unable to act, another national agent or election agent, as the case may be, shall be appointed forthwith by the political party or candidate concerned.
Section 38, subsection 2 states:
Where it is shown to the court that the failure, error, omission or false or misleading statement arose—
- (a) due to the illness of a party to the proceedings,
- (b) where a party to the proceedings is a political party, due to the death, illness, absence or misconduct of the national agent of such political party or of any employee of such agent,
- (c) where a party to the proceedings is a candidate, due to the death, illness, absence or misconduct of his or her election agent or of any employee of such agent,
- (d) where a party to the proceedings is the national agent of a political party or the election agent of a candidate, due to the death, illness, absence or misconduct of any person who had previously been such agent, or of any employee of the party to the proceedings,
- (e) where a party to the proceedings is a person referred to in section 31 (7), due to the death, illness, absence or misconduct of any employee of such person, or
- (f) due to inadvertence or other reasonable cause not involving negligence on the part of such party to the proceedings, or the contravention, knowingly, by such party of the provisions of this Part, and was not due to any lack of bona fides on the part of such party to the proceedings and where the proceedings are based wholly or partly on the grounds of misconduct on the part of any person, such misconduct was without the approval or knowledge of such party to the proceedings and such party took all reasonable action to prevent such misconduct, the court may, on application to it by such party, on being satisfied that it is appropriate so to do, make such order granting relief for the failure, error, omission or false or misleading statement the subject of the proceedings as it considers reasonable.
Section 50, subsection 4, paragraph (a) states:
If, before the presidential election donation statement and the statement of election expenses have been furnished to the Public Offices Commission in accordance with sections 48 and 56 , respectively, the appointment of a presidential election agent is revoked or the person appointed as such agent dies, resigns or is otherwise unable to act, the candidate shall forthwith appoint another presidential election agent and shall notify in writing the name of the person so appointed and the address of the person's office to the presidential returning officer.
Section 58, subsection 2 states:
Where it is shown to the court that the failure, error, omission or false or misleading statement arose:
- (a) due to the illness of a party to the proceedings,
- (b) where a party to the proceedings is a candidate at the presidential election, due to the death, illness, absence or misconduct of his or her election agent or of any employee of such agent,
- (c) where a party to the proceedings is the election agent of a candidate at the presidential election, due to the death, illness, absence or misconduct of any person who had previously been such agent, or of any employee of the agent,
- (d) where a party to the proceedings is a person referred to in section 52 (6), due to the death, illness, absence or misconduct of any employee of the person, or
- (e) due to inadvertence or other reasonable cause not involving negligence on the part of such party to the proceedings, or the contravention, knowingly, by such party of the provisions of this Part, and was not due to any lack of bona fides on the part of such party to the proceedings and where the proceedings are based wholly or partly on the grounds of misconduct on the part of any person, such misconduct was without the approval or knowledge of such party to the proceedings and such party took all reasonable action to prevent such misconduct, the court may on application to it by such party, on being satisfied that it is appropriate so to do, make such order granting relief for the failure, error, omission or false or misleading statement the subject of the proceedings, as it considers reasonable.
