Home > 2.1.3 Jurisdictions > IRELAND - Presidential Elections Act
 
 
 
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Article 24
 

(1) Where at the ruling on nominations a person purported to be nominated as a candidate at the election concerned or the authorised representative of such a person objects, on grounds which shall be stated there and then, to

(a) the ruling by the presidential returning officer on the validity of any nomination, or

(b) the eligibility for election to the office of President of any person declared to stand nominated as a candidate at the presidential election concerned,

and states that it is intended to appeal to the High Court against the ruling or declaration, the presidential returning officer shall adjourn the ruling on nominations until such time after the appeal is finally determined or withdrawn as the presidential returning officer may fix or, if such an appeal is not instituted within the period of 2 days from the date of the adjournment, until the expiration of that period.

(2) A person purported to be nominated as a candidate at an election may, subject to compliance with subsection (1), appeal to the High Court against a ruling or declaration specified in subsection (1) at the election.

(3) The High Court shall dismiss an appeal under subsection (2) unless a written statement of the objection concerned and of the grounds on which it is based together with security in the sum of £1,000 for any costs which may become payable by the appellant is lodged at the Central Office of the High Court not later than 24 hours (disregarding any excluded day) after the adjournment of the ruling on nominations concerned.

(4) The High Court shall give such priority as is reasonably possible to the hearing and determination of an appeal under subsection (2).

(5) An appeal shall lie to the Supreme Court on a point of law from a decision of the High Court on an appeal under subsection (2).

(6) The decision of the High Court on an appeal under subsection (2) shall be complied with by the presidential returning officer and, where it rules that a person purported to be nominated as a candidate at the election concerned is not eligible for election to the office of President or was not duly nominated as such candidate, the presidential returning officer shall, on the resumption of the ruling on nominations, rule the nomination of such candidate to be invalid.

(7) Where arising from a decision of the High Court no person stands duly nominated as a candidate at an election, section 28 shall apply.

(8) A ruling or a declaration referred to in subsection (1) may be questioned only in accordance with this section.