Dáil Éireann Debate, Wednesday - 18 September 2024
400. Deputy Mick Barry asked the Minister for Housing, Local Government and Heritage if he will consider revising local election regulations in relation to the ability of an individual being able to be a candidate in multiple local electoral areas given the potential abuses that can occur with the practice; and if he will make a statement on the matter. [36626/24]
View answer401. Deputy Mick Barry asked the Minister for Housing, Local Government and Heritage if he will consider revising local election regulations and legislation in relation to filling vacancies on local authorities caused by a candidate achieving enough votes to be elected in multiple local electoral areas, in order to give clarity to local authorities and not to encourage this practice, given the potential abuses that can occur; and if he will make a statement on the matter. [36627/24]
View answerI propose to take Questions Nos. 400 and 401 together.
Article 124 of the Local Elections Regulations 1995 provides that where a person is elected for more than one local electoral area they shall either declare, within three days of the return of persons elected to the local authority being made, which area they choose to represent. If their declaration is not made within a specified time period, they shall be deemed to have chosen to represent the area in which they received the greatest number of first preference votes. The person will then be deemed not elected for the other local electoral areas. The consequential vacancy or vacancies in the membership of the local authority shall be regarded as casual vacancies and shall be filled accordingly.
Section 19 of the Local Government Act 2001 (as amended) provides for the filling of casual vacancies in local authorities by co-option.
Whilst electoral law is kept under ongoing review, I have no plans at present to amend these provisions.
