Donegal County Council performs both a representational and an operational role because the Irish system of Local Government encompasses both democratic representation and public administration.
The representational role is performed directly by the elected members of the Council. Donegal County Council has 29 elected members from six electoral areas. Members of the County Council are elected according to the system of proportional representation for a period of five years. The Cathaoirleach is elected from the membership of the Council, at the Councils AGM.
When do local elections take place?
Local elections are held every five years in the month of June. The actual polling day is fixed by order of the Minister for the Environment and Local Government. However, polling on islands may take place in advance of polling day. The last local election took place on 11 June 2004.
Who can stand for election?
Every person who is a citizen of Ireland or ordinarily resident in the State and has reached the age of 18 years and is not subject to any of the following disqualifications is eligible for election or co-option to membership of a local authority.
Disqualifications:
- A member of the Commission of the European Communities or is a representative in the European Parliament, or A Judge, Advocate General or Registrar of the Court of Justice of the European Union, or A member of the Court of Auditors of the European Union, or
- A member of Dáil Éireann or Seanad Éireann
- A person appointed under the Constitution as a Judge or as the Comptroller and Auditor General, or
- A member of the Garda Síochána or a wholetime member of the Defence Forces, or
- A civil servant who is not by terms of employment expressly permitted to be a member of a local authority, or
- A person employed by a local authority and is not the holder of a class, description or grade of employment designated by order under section 161(1)(b) of the Local Government Act, 2001 or deemed to have been made under that section, or
- Undergoing a sentence of imprisonment for any term exceeding six months, imposed by a court of competent jurisdiction in the State, or
- Fails to pay any portion of any sum charged or surcharged, by an auditor of the accounts of any local authority, upon or against that person, or
- Fails to comply with a final judgement, order or decree of a court of competent jurisdiction, for payment of money due to a local authority, or
- Is convicted of, or has had a conviction confirmed on appeal for, an offence relating to fraudulent or dishonest dealings affecting a local authority or corrupt practice or acting when disqualified.
How are candidates nominated for a local election?
A person can nominate him/herself or may, with the candidates consent, be nominated by a local government elector registered in the area concerned. The period for nominating candidates occurs 4 weeks before polling day.
A nomination from a candidate of a registered political party must have a certificate of political affiliation attached. If no certificate is attached the paper must be assented to by 15 electors registered in the electoral area concerned. To assent to the nomination the assenters must attend at the local authority office and a local authority official will examine the assenters photographic identification and check that they are on the Register of Electors. The assenters must sign the nomination paper in the presence of a local authority official.
The Returning Officer must rule on the validity of the nomination paper within one hour of its presentation.
Who can vote at a local election?
Generally, every person over the age of 18 years is entitled to be registered as a local government elector for the electoral area where the person ordinarily resides. Citizenship is not a requirement for voting at a local election. If you live in an urban area administered by a Town Council you are entitled to vote in elections for both the County Council and the Town Council.
In order to be able to vote at an election your name must be entered on the Register of Electors for the locality in which you ordinarily reside.
A new Register is prepared every year and remains in force from 15th February in any year to the 14th of the following February.
To be eligible for inclusion in the Register of Electors you must be 18 years of age or over on 15th February in the year in which the Register comes into force and must be ordinarily resident at the address at which you wish to be registered on 1st September in the year preceding the year in which the Register comes into force.
A Draft version of the Register is prepared in November each year and circulated to Garda Stations, Post Offices, and Libraries to enable any person to check if they are included.
Application forms for inclusion in the Register of Electors or for corrections to the Register are available in Garda Stations, Post Offices and Libraries throughout the County or directly from Donegal County Council and the closing date for receipt of completed applications is 25th November each year.
In the period preceding an election, a Supplement to the Register is printed to include eligible persons who are not included in the Live Register.
Application forms for inclusion in Supplement to the Register are available from the above offices.
What arrangements can be made for voters with disabilities?
There are special arrangements to assist electors with certain disabilities to exercise their voting rights, as follows:
- Voting at alternative polling station if your local station is inaccessible
- Assistance in voting at the polling station by a companion or the presiding officer
- Postal voting by electors living at home
- Voting at hospitals, nursing homes etc. by electors living there.
Department of Environment and Local Government has produced information leaflets for voters with disabilities and these can be accessed from Donegal County Council at 074 91 72222.
How are the votes counted?
The count usually starts on the day after polling day. In the presence of candidates agents the ballot boxes are opened and verified.
The quota used in Irish elections is the “Droop Quota”, so called because it was first propounded by HR Droop in 1869. It is the smallest number of votes that suffices to elect enough candidates to fill all the seats being contested while being just big enough to prevent any more being elected.
It is expressed in the following formula:
Quota = (No. of Valid Votes + 1) / (No. of Seats + 1)
Any candidate who receives a number of votes equal to or greater than the quota is deemed to be elected. It a candidate receives more that the quota, the surplus votes are transferred proportionately to the remaining candidates.
Counting continues until all the seats have been filled. If the position is reached where the number of seats left to be filled is equal to the number of candidates still in the running these candidates are declared elected without having obtained the quota.
When the count is completed the Returning Officer declares and gives public notice of the results of the election and returns the names of the elected members to the local authority concerned.
Can the outcome of a local election by questioned?
Any person aged 18 years or over may question the outcome of a local election by way of petition in the Circuit Court within 28 days of the declaration of the result of the election. The result of a local election may be questioned by way of a petition on the grounds of:
- want of qualification by a candidate, or
- obstruction of or interference with or other hindrance of the conduct of the election, or
- other irregularity which, if established, is likely to have affected the result of the election.
At the trial of a petition, the Circuit Court must determine the correct result of the election and, for this purpose, may order the votes to be counted afresh. The Court may declare the whole or part of the election void and this may, in certain circumstances, necessitate the taking of the election again. The decision of the Circuit Court is final and not appealable, except on a question of law to the Supreme Court.