By-Elections in Ireland
Information
If a TD (member of Parliament) in Ireland dies or resigns, his or her seat in Parliament will be filled by a by-election unless it is only a short time until the next general election.
When a TD dies or resigns, the Dáil (one of the houses of Parliament in Ireland) passes a resolution directing that a writ be issued to the returning officer of the TD's constituency to hold an election to fill the vacancy. Until 2011 there was no time limit for the passing of the resolution by the Dáil. The Electoral (Amendment) Act 2011 provides that if the Dáil does not move to have the writ issued within 6 months the Ceann Comhairle must direct the Clerk of the Dáil to issue the writ.
Tradition dictates that when a TD dies, the former member's own party will move the writ but not until at least a month has passed.
The procedure for the nomination of candidates, voting and the conduct of the count in Dáil by-elections is the same as for a general election. The difference is that only one seat is being filled in a by-election.
Rules
A person who is currently a member of Dáil Eireann cannot be a candidate in a Dáil by-election.
By-election posters and signs
The law in Ireland forbids the erection of posters/signs on poles or other structures in public places unless you have the written permission of the owner of the pole or other structure in advance of putting up the posters/signs. There are no rules in place regarding how far in advance of a by-election that posters and signs can be erected. However, local authorities have the power to introduce bye-laws if they so choose to set down when promotional material can be erected. Local authorities also have the power to remove these items should they disintegrate or cause a litter nuisance.
Following a by-election, a party/candidatemust remove posters within a seven day period. After that date, an on-the-spot fine of €150 is issued by your local authority in respect of each remaining poster. Your local authority will remove the poster as the fine is issued. If a party/candidate has been issued with a fine and refuses to pay, they can be prosecuted in the District Court by your local authority to enforce payment. The maximum penalty in the District Court following conviction for non-payment of the fine is €3,000.
Language
Related Documents
- General Elections in Ireland
A general election must be held in Ireland within a certain time after the Dáil (a house of the Irish parliament) is dissolved. How the date for the general election is decided and how polling day is designated. - Replacement Candidates for the European Parliament
If a Member of the European Parliament (MEP) resigns or dies, their vacancy is filled from a replacement list of eligible candidates. - Local Elections in Ireland
Local elections in Ireland take place every 5 years and allow your community elect representatives to local government.
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