COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 10, 2018

HEADED ITEM NO 11

HEADED ITEM: C. Performance and Change Management Directorate

PRESIDENTIAL NOMINATION

REPORT:

Presidential Election Order 2018

The Presidential Election Order was issued by the Minister for Housing, Planning and Local Government Eoghan Murphy on 29^th August 2018. Polling day is officially set for Friday 26th of October 2018 with voting taking place between 7 am and 10 pm on that date. The closing date for receipt of nomination papers by the Presidential Election Returning Officer is 12 noon on Wednesday 26^th of September 2018.

The issue of the Presidential Election Order means that County Councils can now, if they so resolve, set about formally nominating candidates as legitimate candidates. The resolution of the Council must be given effect by means of a nomination paper [as prescribed in the Presidential Elections (forms) (Amendment) Regulations 2018 – S.I. 329/2018] sealed with the seal of the council and delivered in person to the Presidential Returning Officer no later than 12 noon on 26^th of September 2018. Nomination papers from Councils can be delivered by the candidate purported to be nominated or by a representative of the Council making the nomination.

Key issues for consideration in a nomination process:

As the nomination of candidates for the Office of President by county, city and city and county councils is a reserved function, regulated by law under section 16 of the Presidential Elections Act 1993, the following key issues should be noted:

• Councils may, by resolution, resolve to nominate one candidate
• Councils may also resolve not to nominate a candidate
• Not less than 3 clear days’ notice of the intention to propose the resolution must be given in writing to every person, who, at the time when the notice is given, is a member of the Council
• Councils intending to get involved in the nomination process should liaise with any other Councils who are proposing to nominate the same candidate to ensure that the details (names, address and occupation) in relation to the candidate on the nomination papers are identical.

Having regard to the closing date for nominations the Council may wish to consider their formal options to meet the statutory timeframe. A draft proposal was considered by the members of the Corporate Policy Group on 3rd September 2018 and it was recommended that, prior to proceeding any further, the full membership of the Council should be consulted as to whether the Council wish to proceed with the nomination process or alternately resolve not to nominate a candidate.

It is therefore proposed that the Members will by resolution at the September Council Meeting, decide whether they wish to proceed with the nomination process. Depending on the outcome of the decision of the Council the following will take place:

(a) If rejected the process will cease and South Dublin County Council will not begin the nomination process

or

(b) If the decision is to proceed then the following is the proposed process: 

• Convene a separate session outside of Council Meeting Day to offer potential candidates an opportunity to address the Council and to facilitate adequate time for Q & A. 8 candidates have contacted the Council as of 4th September 2018. A proposed date to hold a separate meeting is Monday 17^th September 2018 at 3.30pm. This would allow adequate time for potential candidates to be notified after agreement of the Council on the process at the Council meeting.
• Candidates will be offered up to 15 minutes to present, followed by collective Q & A session at which members can raise questions, some unique to each candidate, some generic to all.
• Note: If wished the session could be considered to be informal and not part of any statutory Council Meeting and therefore not open to the public / media. 
• A special meeting of the Council will be required in order to formally resolve to nominate a candidate, and it is proposed that the Special Council meeting be held either immediately after the presentation meeting on Monday 17^th of September, or on Thursday 20^th of September (after the OP & F meeting).
• The process to consider for selecting a candidate is a Roll Call vote.

In the event of the Council agreeing to nominate a candidate the Council must adopt a formal resolution under S 16 of the Presidential Elections Act 1993