Guidelines for the general election to the 30th Dáil

A. Appointment of an election agent

1.1  Each candidate must appoint an election agent.  The legislation provides that this appointment shall be made before any election expenses are incurred.  If election expenses are incurred before an election agent is appointed, the candidate must give the election agent details of any such expenses.

1.2  The candidate must notify the Returning Officer for the constituency, in writing, of the name of the election agent and the address of the office of the agent.  There is no provision on the nomination papers for the candidate to give details of his/her election agent.  The candidate must, however, provide such details separately to the Returning Officer.  This must be done not later than the last day for receiving nominations at the election.  The Standards Commission has issued a form to Returning Officers which a candidate may use to give details of his/her election agent.  The Returning Officer will inform the Standards Commission of the names and addresses of the election agents appointed.  It is very important that candidates ensure that the person notified to the Returning Officer is the person they intend having as their election agent.  The Standards Commission can only accept an Election Expenses Statement from the person notified to it by the Returning Officer as the candidate's election agent.

1.3  Candidates should give careful consideration to the appointment of an election agent.  The agent should be comfortable with the handling of money and keeping of accounts.  He/she must maintain proper records of all transactions relating to spending on the candidate's election campaign and retain receipts, invoices or vouchers for inspection, and for public display, by the Standards Commission.

1.4  A candidate may act as his/her own election agent.  If a candidate does not notify the Returning Officer of the appointment of an election agent within the specified period, he/she will be deemed to be acting as his/her own election agent.  A candidate who acts as his/her own election agent will also be required to comply with the provisions of the legislation applying to election agents (see Chapter 2).

1.5  The same person may act as election agent for more than one candidate.  In such circumstances the election agent is separately responsible for each candidate.  Great care must be taken to ensure that separate records and accounts are kept for each candidate and that it is possible to apportion expenses between the different candidates where this is necessary.

1.6  Apart from the national agent of the candidate's political party, the candidate's election agent is the only person who can incur expenses or make payments in connection with the candidate's election campaign.  The election agent can authorise other people, including the candidate, to incur expenses or make payments in connection with the candidate's campaign.  A person who is authorised in this way is entitled only to incur expenses or make payments within the specific financial limit laid down by the election agent.  The election agent must subsequently account for such expenses or payments.

1.7  A candidate may, at any time, revoke the appointment of an election agent (including his/her own appointment as election agent).  Where the appointment of an election agent has been revoked, the candidate must notify the Returning Officer in writing of the name and address of the new election agent (including the candidate's own details if he/she intends to act as his/her own election agent).

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