21/01/05 - Report re presidential election 2004

1. Introduction

Part VI of the Electoral Act, 1997, as amended ("the Act"), provides for the limitation and disclosure of donations and election expenses at a presidential election and the furnishing of certain statutory returns by the election agents of candidates.

Article 12.4.50 of the Constitution provides that "Where only one candidate is nominated for the office of President it shall not be necessary to proceed to a ballot for his election." Section 20 of the Presidential Elections Act, 1993 also contemplates a situation where only one candidate is nominated at a presidential election in providing that "if only one person is so declared as aforesaid, declare the person to be elected ....". Accordingly, the terms of the Constitution and the provisions of statute law support the position that a presidential election has taken place whether or not there has been a poll.

Pursuant to section 6 of the Presidential Elections Act, 1993, the Minister for the Environment, Heritage and Local Government made an order on 13 September 2004 appointing 22 October 2004 as the day on which "the poll (if any) at the election shall be taken." Only one candidate, Mrs. Mary McAleese, was nominated at the election. A poll did not, therefore, take place.

This report concerns the statutory returns furnished in respect of Mrs. McAleese's candidacy at the 2004 presidential election.

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