(1) (a) There shall be an office the holder of which shall be known as the ‘Registrar of Political Parties’ and is in this Act referred to as the ‘Registrar’. The Registrar shall, subject to the provisions of this Part, prepare and maintain a Register of Political Parties (in this Part referred to as ‘the Register’).
(b) The person who for the time being holds the office of Clerk of the Dáil shall be the Registrar. If and so long as the office of Clerk of the Dáil is vacant or the holder of that office is unable through illness, absence or other cause to fulfil the duties of the office, the Clerk-Assistant of the Dáil shall act as the Registrar for the purposes of this Part and references in this Part to the Registrar shall be construed accordingly.
(c) If and so long as the office of Clerk of the Dáil and the office of Clerk-Assistant of the Dáil are vacant or the holders of those offices are unable through illness, absence or other cause to fulfil their duties, the Chairman of the Dáil may appoint a member of the Joint Staff of the Houses of the Oireachtas to act as the Registrar for the purposes of this Part and references in this Part to the Registrar shall be construed accordingly.
(2) (a) A political party may apply to the Registrar to be registered in the Register as a party organised in the State or in a part thereof specified in the application to contest all or any of the following elections -
(i) a Dáil election,
(ii) a European election,
(iii) a local election[, or a direct election],
(iv) Údarás na Gaeltachta.
(b) An application for registration under this subsection shall be in writing in such form as shall be specified by the Registrar and shall contain such particulars as shall be specified in the form.
(3) A political party may apply for the registration in the Register of one emblem to be used by candidates of the party on ballot papers. An application under this subsection shall be in writing in such form as shall be specified by the Registrar and in accordance with directions specified on the form.
(4) Subject to subsection (5), the Registrar shall register a political party which applies for registration provided the application complies with the requirements of this Part and that -
(a) the party is organised in the State or in a part thereof specified in the application as a party organised to contest all or any of the elections referred to in subsection (2)(a), and
(b) (i) (I) the party has not less than 300 recorded members or, in the case of a party applying for registration as a party organised to contest elections in part of the State or local elections [or direct elections] or Údarás na Gaeltachta elections only, 100 recorded members, each of whom (in any of the foregoing cases) has reached the age of 18 years,
and
(II) at least fifty percent of the recorded members are registered in the register of electors, or
(ii) the party has at least one member who, at the time the application for registration is made, is a member of the Dáil or is a representative in the European Parliament (whether by reason of his having been elected as such a representative in the State or having been nominated as a replacement candidate under the European Parliament Elections Act, 1997) and who certifies in writing to the Registrar that he is a member of the party, or
(iii) in the case of a party which applies for registration as a party organised to contest a local election [or direct election] only, it has at least 3 members who are, at the time the application for registration is made, members of a local authority and each of whom certifies in writing to the Registrar that he is a member of the party,
(c) the organisation and direction of the party are governed by a constitution, a memorandum of association or other such document or other written rules which have been adopted by the party and which provide for -
(i) an annual or other periodic meeting or conference of the party; and
(ii) the conduct of the business of the party by an executive committee or similar body elected by the party.
(5) A political party shall not be registered in the Register if its name –
(a) is identical with the name or an abbreviation or acronym of the name of any party for the time being registered in the Register or, so nearly resembles such name, abbreviation or acronym as to be likely to mislead, confuse or deceive, or
(b) comprises more than 6 words, or
(c) in the case of a party operating in relation to a particular part of the State, does not include such reference to that part as to distinguish the party as so operating.
(6) The registrar shall not grant a request for registration in relation to an emblem if the emblem –
(a) would be likely to be confused by voters with an emblem which is already registered for another party,
(b) is obscene or offensive,
(c) is of such a character that its publication would be likely to amount to the commission of an offence, or
(d) includes a word or expression which, if it were, or were part of, the party concerned’s name, would, by virtue of subsection (5), prevent the party from being registered in the Register.
(7) The following particulars shall be entered in the Register in respect of a political party registered therein -
(a) the name of the party, including any abbreviation or acronym,
(b) the emblem, if an application for its registration under subsection (3) has been granted,
(c) the address of the party's headquarters,
(d) the name or names of the officer or officers of the party authorised to sign certificates authenticating the candidatures of candidates of the party at elections,
(e) the type or types of election for which the party is registered as being organised to contest, reference to that fact and to the part of the State concerned,
(g) The name of any political group in accordance with subsection (8), and,
(h) the name and address of each accounting unit of the political party and the name and address of the responsible person or persons of the accounting unit.
(8) Where a party which is registered in the Register as a party organised to contest a European election, or which applies for such registration in the Register, informs the Registrar that a member of the party, being a representative in the European Parliament (whether by reason of his having been elected as such a representative in the State or having been nominated as a replacement candidate under the European Parliament Elections Act, 1997), is a member of a political group formed in accordance with the rules of procedure of the European Parliament, the Registrar shall, if that member certifies in writing to the Registrar that he is a member of that party and that group, note on the Register, in relation to the party, the name of that group.
(9) As soon as the Registrar has considered an application for registration under subsection (2) or (3), he shall notify the applicant of the decision on the application (stating reasons in the case of refusal and the provisions of this Act enabling an appeal against the decision) and shall cause notice thereof to be published in the Iris Oifigiúil.
(10) In this section and section 25A ‘accounting unit’ and ‘responsible person’ have the same meaning as they have in section 22 of the Electoral Act 1997.
