Conduct of Elections

Table of Contents

ELECTORAL ACT 1992 (as enacted)

Polling Districts and Polling Places

Interpretation (Part IV).

27.—In this Part “local authority” means the council of a county or the corporation of a county borough.

Polling districts and polling places.

28.—(1) Each local authority shall, as soon as may be after the commencement of this Part, and thereafter at least once in every ten years, following consultation with the returning officer for Dáil elections in respect of the county or county borough and in accordance with regulations made by the Minister, make a scheme dividing the county or county borough into polling districts for the purposes of Dáil elections, European elections and local elections and appointing a polling place for each polling district.

(2) A scheme under this section made by the local authority shall come into operation—

(a) if, but only if, it is confirmed by the Minister under the next subsection, and

(b) on the day specified in that behalf by the Minister.

(3) As soon as may be after they have made a scheme under this section, the local authority shall submit the scheme to the Minister for confirmation and the Minister shall—

(a) confirm the scheme with or without modification, or

(b) instruct that it be resubmitted to him in a modified form for confirmation, or

(4) A scheme under this section shall continue in operation until the next such scheme in respect of the county or county borough comes into operation and shall then expire.

(5) A polling place appointed by a scheme under this section shall be an area and may be within or outside the county, county borough, constituency or local electoral area in which the polling district is situate, but shall be such as to give the electors allocated to it reasonable facilities for voting.

(6) Subject to subsection (7), the making of a scheme under this section shall be, in the case of the council of a county, a reserved function for the purposes of the County Management Acts, 1940 to 1991, and, in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.

(7) The Minister may require a local authority to make a scheme under this section within such period (not being less than one month) as the Minister may direct and if the local authority refuse or fail to make such a scheme within the period directed by the Minister, the Minister may himself make a scheme in respect of such county or county borough.

(8) Until the first scheme under this section comes into operation in relation to a county or county borough, the polling districts and polling places existing in relation to the county or county borough immediately before the commencement of this section shall continue. After the coming into operation of the first scheme, any reference to a polling district or polling place in any Act, order or regulation shall, where appropriate, be construed in relation to such county or county borough as a reference to a polling district or polling place under a scheme in force under this section.

(9) Regulations made under section 22 of the Electoral Act, 1963 and in force immediately before the commencement of this Act shall, notwithstanding the repeal of the said section 22, remain in force until regulations are made under subsection (1) and shall be deemed to be regulations made under this section.

(10) An election shall not be questioned on the grounds of any non-compliance with the provisions contained in this section or any informality in regard to polling districts, places or stations.

Temporary arrangements with respect to certain polling districts.

29.—(1) Where, following a revision of constituencies a polling district existing immediately prior to such revision is not wholly situate within a new Dáil constituency, the appropriate officer, after consultation with the returning officer for such Dáil constituency shall, with respect to the part of the polling district situate in the constituency—

(a) join it or parts of it with any adjoining polling district or districts, or

(b) constitute it as a polling district and appoint a polling place for it.

(2) An arrangement made pursuant to subsection (1) shall be subject to confirmation by the Minister (who may confirm the arrangement with or without modification) and shall have effect until (and only until) the first scheme under section 28 in relation to the county or county borough in which the polling district is situate comes into operation after the making of the arrangement and shall not have effect in relation to any bye-election occurring before the dissolution of the Dáil which next occurs after the said revision of constituencies.

(3) In this section “the appropriate officer” means—

(a) in relation to a polling district situate in a county borough, the manager for the purposes of the Acts relating to the management of the county borough (including a person duly appointed either as deputy for such manager or to act in the place of such manager during his absence or incapacity or during a vacancy in his office),

(b) in relation to any other polling district, the secretary of the council of the county in which the polling district is situate (including a person duly appointed either as deputy for such secretary or to act in the place of such secretary during his absence or incapacity or during a vacancy in his office), or a person assigned to perform the duties of county secretary under this section.

PART V

Returning Officers

Returning officers and assistant, deputy and acting returning officers.

30.—(1) In this section “appropriate officer” means—

(a) in relation to the county of Cork, the county of Dublin, the county borough of Cork or the county borough of Dublin, the sheriff, or

(b) in relation to any other county or county borough, the county registrar.

(2) (a) The returning officer for a constituency shall be—

(i) in case the constituency is situate wholly within one county or county borough, the appropriate officer in relation to that county or county borough,

(ii) in any other case, such appropriate officer, in relation to any county or county borough in which any part of the constituency is situate, as the Minister may from time to time appoint to be returning officer.

(b) (i) Where a constituency is not situate wholly within one county or county borough, the returning officer may, in respect of any part of the constituency situate in acounty or county borough in relation to which he is not the appropriate officer, appoint the appropriate officer in relation to that county or county borough to be assistant returning officer for that part of the constituency.

(ii) The returning officer shall exercise the power referred to in subparagraph (i) where the appropriate officer concerned requests him to do so.

(3) Where the same person is returning officer for two or more constituencies, in each of which there is at the same time a contested election, he shall—

(a) in case those constituencies are two and not more, appoint, in respect of one of them, a deputy returning officer to open the ballot boxes and count the votes,

(b) in any other case, appoint, in respect of each of the constituencies (except one), a deputy returning officer to open the ballot boxes and count the votes,

and he may include in any such appointment, if he so thinks proper, an appointment to receive nominations.

(4) The duties of a deputy returning officer appointed under subsection (3) shall include the determination and declaration of the result of the poll and the giving of public notice under section 127 and, if the appointment includes an appointment to receive nominations, shall also include the ruling on nominations and compliance with section 52 .

(5) An appointment under subsection (3) may be revoked by the returning officer and, where the appointment is so revoked or the deputy returning officer dies, resigns or becomes incapable of acting during a Dáil election, another deputy returning officer shall be appointed pursuant to and in accordance with the said subsection (3) to replace him.

(6) Where a vacancy occurs in the office of county registrar or sheriff and the holder was a returning officer, the Minister, if he so thinks proper, may appoint a person to act as returning officer during the period of the vacancy.

(7) Where the returning officer is prevented by illness or other reasonable cause from performing all or any of his duties, the Minister shall appoint a person to act as returning officer for the performance of those duties during the period of the prevention.

(8) An assistant returning officer shall perform, in the part of the constituency for which he was appointed, such of the duties of the returning officer for the constituency as that officer is not required by law to perform in person but, if any doubt arises as to duties of an assistant returning officer, the doubt shall be determined by the Minister.

(9) Any reference in this section to a county shall be construed as a reference to an administrative county.

(10) References in this Act to returning officers shall, where appropriate, include references to assistant, deputy and acting returning officers.

(11) An appointment which was in operation immediately before the commencement of this section under subsection (1) of section 11 of the Electoral Act, 1963 , shall be deemed to be an appointment under subsection (2) of this section.

General duty of returning officer.

31.—It shall be the general duty of the returning officer for each constituency to do all such acts and things as may be necessary for effectually conducting a Dáil election in his constituency in accordance with this Act, to ascertain and declare the results of the election and to furnish to the Clerk of the Dáil a return of the persons elected for the constituency.

Payment of returning officers’ expenses.

32.—(1) The Minister for Finance shall prepare a scale of maximum charges for returning officers and every returning officer shall be paid by the said Minister out of the Central Fund or the growing produce thereof his reasonable charges, in respect of his services and expenses in relation to every Dáil election in respect of which he is the returning officer, not exceeding the maximum charges specified in the scale prepared under this section and applying for the time being.

(2) For the purpose of the payment of such charges, an account of them shall be submitted by the returning officer to the Minister for Finance and the Minister for Finance may issue to returning officers directions as to the time when and the manner and form in which the accounts shall be submitted to him.

(3) The Minister for Finance may, if he thinks fit, before payment of a returning officer’s charges under this section apply to a judge of the Circuit Court having jurisdiction in any part of the constituency concerned for the taxation of the account submitted by the returning officer and such judge shall tax the account and determine the amount payable thereunder.

(4) On the request of a returning officer for an advance on account of his charges the Minister for Finance may, if he thinks fit and on such terms as he thinks fit, make such an advance.

(5) The taxation under this section of the account of a returning officer shall, if the judge aforesaid so decides on the application of the officer, include the determination of any claim made against the officer in respect of any matter charged for in the account.

PART VII

Method of Election

The electoral system.

37.—(1) A Dáil election shall be conducted in accordance with this Act and, in case a Dáil election is contested, the poll shall be taken according to the principle of proportional representation, each elector having one transferable vote.

(2) In this section “transferable vote” means a vote which is—

(a) capable of being given so as to indicate the voter’s preference for the candidates in order, and

(b) capable of being transferred to the next choice when the vote is not required to give a prior choice the necessary quota of votes, or when, owing to the deficiency in the number of the votes given for a prior choice, that choice is excluded from the list of candidates.

Manner of voting.

38.—(1) Subject to subsections (2) and (3), a person who is entitled to vote at a Dáil election shall be entitled to vote in person only and at the polling station allotted to him or, in case he is authorised under section 99 or 100 by a returning officer, at the polling station specified in the authorisation.

(2) Every Dáil elector whose name is, at the time of a Dáil election, in the postal voters list for a constituency shall be entitled to vote in that constituency at the poll at such election by sending his ballot paper by post to the returning officer for that constituency and shall not be entitled to vote in any other manner.

(3) Every Dáil elector whose name is, at the time of a Dáil election, in the special voters list for a constituency shall be entitled to vote in that constituency at the poll at such election in accordance with section 82 and shall not be entitled to vote in any other manner.

PART VIII

The Writ at a Dáil Election

Issue and return of writs.

39.—(1) Where the Dáil is dissolved, the Clerk of the Dáil shall, immediately upon the issue of the Proclamation dissolving the Dáil, issue a writ to each returning officer for a constituency directing him to cause an election to be held of the full number of members of the Dáil to serve in the Dáil for that constituency.

(2) Where a vacancy occurs in the membership of the Dáil by a person ceasing to be a member otherwise than in consequence of a dissolution, the Chairman of the Dáil (or, where he is unable through illness, absence or other cause to fulfil his duties or where there is a vacancy in the office of Chairman, the Deputy Chairman of the Dáil) shall, as soon as he is directed by the Dáil so to do, direct the Clerk of the Dáil to issue a writ to the returning officer for the constituency in the representation of which the vacancy has occurred directing the returning officer to cause an election to be held of a member of the Dáil to fill the vacancy mentioned in the writ.

(3) If at any time there are two or more vacancies in the representation of any constituency in the Dáil and the Clerk of the Dáil is directed on the same day to issue writs for the election of members to fill all or more than one of the vacancies, the Clerk of the Dáil shall issue only one writ to the returning officer for the constituency and shall by the writ direct him to hold one election to fill all the vacancies mentioned in the writ in the representation of the constituency, and the returning officer shall accordingly hold one election only for the election of members of the Dáil to fill all the vacancies mentioned in the writ.

(4) (a) The return of a member or members to serve in the Dáil shall be made by a certificate of his name or their names endorsed on the writ for the constituency concerned under the hand of the returning officer.

(b) The returning officer shall as soon as possible after the ascertainment of the result of the election deliver the return to the Clerk of the Dáil and may for that purpose, if he so thinks fit, dispatch it by registered post.

(c) A return so dispatched shall be transmitted to the Clerk of the D áil free of charge by the earliest practicable post.

(5) Where an outgoing Chairman of the Dáil within the meaning of section 36 is deemed by virtue of that section to be elected at a general election as a member of the Dáil—

(a) the writ issued to the returning officer for the constituency for which he is so deemed to be elected shall be so worded that it directs the returning officer to cause an election to be held of one less than the full number of members of the Dáil for the constituency;

(b) at the time of issuing the writ or as soon as may be thereafter, the Clerk of the Dáil shall send to the returning officer and shall publish in the Iris Oifigiúil a certificate certifying that the outgoing Chairman of the Dáil did not announce to the Dáil before the dissolution thereof that he did not desire to become a member of the Dáil at the general election consequent on the dissolution;

(c) the returning officer shall, in the public notice given by him under section 127 , include the name of the outgoing Chairman of the Dáil among the names of the candidates elected for the constituency.

(6) (a) A writ issued under this section shall be in the relevant form specified in the Fourth Schedule .

(b) Where a writ is dispatched by registered post to the returning officer, it shall be transmitted free of charge by the earliest practicable post.

(7) If and so long as the office of Clerk of the Dáil is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, the Clerk-Assistant of the Dáil shall carry out the duties under this section of the Clerk of the Dáil.

Effect of dissolution of Dáil on certain writs.

40.—Where a dissolution of the Dáil takes place after a writ has been issued pursuant to section 39 (2) or (3) directing a returning officer to cause an election to be held and before the return has been made, the writ shall become and be annulled by the dissolution and no further steps shall be taken in respect of the bye-election and the writ shall be returned to the Clerk of the Dáil and any ballot papers used at the bye-election shall be destroyed by the returning officer, but the annulment shall neither prejudice nor affect the right of the returning officer to be paid under this Act his reasonable charges in respect of duties performed in relation to the election before the dissolution.

PART XV

Polling on Islands

Advance polling on islands.

85.—(1) This section applies where a poll is to be taken at a Dáil election in a constituency and the returning officer is of opinion that, in the case of a polling station situate on an island, it may be impracticable owing to stress of weather or transport difficulties, either—

(a) to take the poll on the polling day appointed by the Minister, or

(b) if the poll were taken on that day, to deliver the ballot boxes to the place for the counting of the votes at or before the hour of 9 a.m. on the day next after the polling day.

(2) Where this section applies, the returning officer shall give public notice in the polling district stating that he will take the poll at the polling station on the island on a specified day, being a day earlier than the polling day appointed by the Minister and later than the sixth day before the said polling day, and the following provisions shall, notwithstanding anything contained in this Act, have effect:

(a) the returning officer shall take the poll at the polling station on the island on the day specified in the notice or, where he is of opinion that, owing to stress of weather, the poll cannot be taken on that day, on the first day after that day on which, in his opinion, transport between the island and the mainland is reasonably safe,

(b) where owing to transport difficulties the poll cannot begin at the hour fixed by the Minister for the commencement of the poll, it shall begin as soon as possible after that hour,

(c) where, after the polling has continued for not less than four hours, the presiding officer is of opinion that, if the poll were further continued, the ballot boxes could not reach the place for the counting of the votes at or before the hour of 9 a.m. on the day next after the polling day appointed by the Minister, he may then close the poll.

(3) No alteration shall be made in the form or contents of the notice of poll under section 87 by reason of an alteration under this section of the day and hours of the poll.

Polling on islands; further provisions.

86.—Where a poll, other than a poll taken on a day specified under section 85 , is to be taken in a constituency, notwithstanding anything contained in this Act, the following provisions shall have effect in relation to a polling station on an island—

(a) where, owing to stress of weather or transport difficulties, the poll cannot begin at the hour fixed by the Minister for the commencement of the poll, it shall begin as soon as possible after that hour,

(b) where, after the poll has continued for not less than four hours, the presiding officer is of opinion that if the poll were further continued the ballot boxes could not reach the place for the counting of the votes at or before the hour of 9 a.m. on the day next after the polling day appointed by the Minister, he may then close the poll.

PART XVI

Arrangements for the Poll

Notice of the poll.

87.—Where a Dáil election is adjourned for the purpose of taking a poll, the returning officer shall, as soon as practicable after the adjournment, publish a notice (in this Act referred to as “the notice of poll”) stating—

(a) the day on which and the hours during which the poll will be taken,

(b) the names and descriptions of the candidates standing nominated at the election as entered in their nomination papers and of the proposers, if any, and

Ballot papers.

88.—(1) The ballot of a voter at a Dáil election shall consist of a paper (in this Act referred to as a “ballot paper”) in the form specified in the Fourth Schedule .

(2) Ballot papers shall be prepared in accordance with the following directions—

(a) a ballot paper shall contain the names and descriptions of the candidates standing nominated at the election, as shown in their respective nomination papers. The names shall be arranged alphabetically in the order of the surnames or, if there are 2 or more candidates bearing the same surname, in the alphabetical order of their other names or, if their surnames and other names are the same, in such order as shall be determined by lot by the returning officer,

(b) the surname of each candidate and the name of his political party if any, or, if appropriate, the expression “Non-Party” shall be printed in large capitals, his name shall be printed in small capitals and his address and occupation, if any, as appearing in his nomination paper shall be printed in ordinary characters,

(c) the list of candidates shall be arranged either in one continuous column or in 2 or more columns in such manner (without departing from the alphabetical order) as, in the opinion of the returning officer, is best for marking and counting, but subject to the restriction that the spaces on the ballot paper within which the candidates’ names and descriptions appear shall be the same for each of the candidates,

(d) the ballot papers shall be numbered consecutively on the back and the back of the counterfoil attached to each ballot paper shall bear the same number. The numbers on the ballot papers shall be printed in the smallest characters compatible with legibility and shall be printed on or about the centre of the paper,

(e) the top right hand column on the ballot paper shall bear such markings as to ensure that nothing may be written therein,

(f) apart from anything permitted by the form specified in the Fourth Schedule , nothing shall appear on the ballot paper except in accordance with these directions.

The official mark.

89.—(1) A ballot paper shall at the time of issue be marked with an official mark (in this Act referred to as “the official mark”), which shall be either embossed or perforated so as to be visible on both sides of the paper and the returning officer shall provide a sufficient number of marking instruments for this purpose.

(2) The returning officer shall ensure that the official mark is kept secret before the taking of the poll and that an interval of not less than seven years shall intervene between each use of the same official mark at a Dáil election in the constituency.

Ballot boxes.

90.—Every ballot box shall be so constructed that it can be securely locked and that while it is so locked ballot papers can be inserted therein but cannot be extracted and that the box and the aperture for the insertion of ballot papers can be sealed.

Use of local elections ballot boxes etc.

91.—Any ballot boxes, fittings for polling stations and compartments provided for local elections in any local electoral area wholly or partly contained in a Dáil constituency or for European elections in a European constituency in which a Dáil constituency is wholly or partly contained may be used for any Dáil election in such Dáil constituency; and it shall be the duty of the returning officer at any Dáil election in such constituency to make use so far as practicable of the ballot boxes, fittings and compartments aforesaid, and upon taxation of his accounts regard shall be had to the provisions of this section, and any damage, other than reasonable wear and tear, caused to any such ballot boxes, fittings and compartments by such user at a Dáil election shall be paid as part of the expenses of the election.

Polling information cards.

92.—(1) Where a poll is to be taken at a Dáil election in a constituency, the returning officer shall send to every elector whose name is on the register of Dáil electors for the constituency and is not on the postal voters list or the special voters list a card (in this section referred to as a “polling information card”) in such form as may be directed by the Minister informing him of his number (including polling district letter) on the register of Dáil electors and of the place at which he will be entitled to vote, and containing a statement in relation to the specified documents referred to in section 111 .

(2) A polling information card shall be addressed to the elector at the address in respect of which he is registered in the register of Dáil electors and shall be delivered at that address not later than the third day before the polling day.

(3) Where a polling information card is dispatched by post it shall be transmitted without prepayment of charges therefor by the earliest practicable post.

(4) No action or other proceedings shall lie against a returning officer in respect of any failure to send, non-delivery of or error or mis-statement in a polling information card.

Use of schools and public premises.

93.—(1) The returning officer may for the purpose of taking the poll and counting the votes at a Dáil election use, free of charge, any school or any room in a school and any premises (other than a dwelling house) owned or occupied by a local authority.

(2) The returning officer shall make good any damage to, and may defray any expenses incurred by the person having control over such school, room or premises by reason of its being used by him at a Dáil election.

(3) The use of any unoccupied premises or any part thereof for the purpose of taking the poll and counting the votes at a Dáil election shall not make the premises liable to be rated or render any person liable to pay any rate for the premises.

(4) A person having charge of a school adjoining or adjacent to or forming part of a church or a convent or other religious establishment may, within twenty-four hours after receiving notice from the returning officer of an intention to use such school or any part thereof at a Dáil election, object to such use by sending a statement of such objection to the returning officer. Any objection made under this subsection may, on the application of the returning officer, be overruled by the Minister if he thinks it right so to do, but unless and until such objection is so over-ruled, no part of the school referred to in such objection may be used under this section.

(5) In this section “school” means any school receiving a grant out of moneys provided by the Oireachtas and includes a national school and a secondary, vocational or other post-primary school.

Polling stations.

94.—(1) At every polling place the returning officer shall provide a sufficient number of polling stations, conveniently distributed for the accommodation of the Dáil electors entitled to vote there. Where, by reason of any difficulty, a polling station or a sufficient number of polling stations cannot be provided at the appointed polling place, the returning officer may provide a polling station or polling stations at any other convenient place.

(2) The returning officer shall allot the Dáil electors to the polling stations in such manner as, in his opinion, will be most convenient for them.

(3) The returning officer shall give public notice of the location of polling stations in each polling place and the description of Dáil electors allotted to vote at each such place.

(4) The returning officer shall make adequate provision for the heating, lighting and cleaning of each polling station.

(5) The returning officer shall provide at each polling station—

(a) such number of compartments in which the voters can mark their ballot papers screened from observation, as he considers necessary,

(b) such furniture as he considers necessary,

(d) such number of ballot papers as he considers necessary,

(e) instruments for placing the official mark on ballot papers,

(f) copies of the register or such part thereof as contains the names of the Dáil electors allotted to vote at the station,

(g) such materials as he considers necessary to enable voters to mark their ballot papers,

(h) such other documents, forms, stationery and other materials as he considers necessary.

(6) The returning officer shall keep a record of the numbers on the ballot papers provided by him at each polling station.

Presiding officers and poll clerks.

95.—(1) The returning officer shall appoint a presiding officer to preside at each polling station and may also appoint a poll clerk or clerks to assist each presiding officer. Any such appointment may be revoked at any time by the returning officer and where the appointment revoked is the appointment of a presiding officer the returning officer shall forthwith appoint a fresh presiding officer to preside at the relevant polling station.

(2) The returning officer shall, on request, permit a person in respect of whom he is satisfied that that person has a bona fide interest in the Dáil election as either a candidate or a prospective candidate, or the agent of such a person, to inspect the list of persons to whom he has offered, or proposes to offer, appointments as presiding officers or poll clerks.

(3) A presiding officer shall keep order at his station, regulate the number of Dáil electors to be admitted at a time and shall exclude all other persons except those authorised by section 98 to be present in the station.

(4) The presiding officer may do, by a clerk appointed to assist him, any act which he is required or authorised to do by this Act, except ordering the arrest, exclusion or ejection from the polling station of any person.

(5) The returning officer or a person appointed by him under subsection (6) may perform all or any of the functions of a presiding officer and while so doing shall be subject to the provisions of this Act in like manner as if he had been appointed a presiding officer.

(6) The returning officer may appoint a person to act as his representative in a polling place to carry out such duties as the returning officer may assign to him.

PART XVII

The Poll

Times of poll.

96.—(1) A poll at a Dáil election—

(a) shall be taken on such day as shall be appointed by the Minister by order, being a day which (disregarding any excluded day) is not earlier than the seventeenth day or later than the twenty-fifth day next following the day on which the writ or writs for the election is or are issued,

(b) shall continue for such period, not being less than twelve hours, between the hours of 8 a.m. and 10.30 p.m. as may be fixed by the Minister by order, subject to the restriction that, in the case of a general election, he shall fix the same period for all constituencies.

(2) An order under this section shall be published in the Iris Oifigiúil as soon as may be after it is made.

Opening of the poll.

97.—Immediately before the commencement of the poll the presiding officer at each polling station shall show each ballot box in his charge to such persons as are present in the station, so that they may see that it is empty, and shall then lock the box and seal it in such manner as to prevent its being opened without breaking the seal and shall place it in his view for the receipt of ballot papers, and keep it so locked, sealed and in view during the poll.

Admission to polling station.

98.—No person shall be admitted to a polling station other than—

(a) the returning officer and any representative of his,

(b) the presiding officer and poll clerk for the station,

(d) the personation agents duly appointed in writing for the station by or on behalf of the candidates,

(e) Dáil electors admitted for the purpose of voting at the polling station,

(f) companions of Dáil electors whose sight is so impaired or who are otherwise so physically incapacitated that they are unable to vote without assistance, while such companions are assisting such electors,

(g) members of the Garda Síochána on duty,

(h) messengers sent by or on behalf of the returning officer, and

(i) other persons authorised by the returning officer to be present in the station.

Voting by persons in the employment of returning officers.

99.—Where a Dáil elector for a constituency is employed by a returning officer for any purpose in connection with a Dáil election and the circumstances of that elector’s employment are, in the opinion of the returning officer, such as to prevent him from voting at the polling station at which that Dáil elector would otherwise be entitled to vote, the returning officer may authorise such Dáil elector, by an authorisation given in such form as may be directed by the Minister, to vote at any other polling station in the constituency.

Authorisation of physically ill or physically disabled elector to vote at another polling station.

100.—Where, not less than 7 days before polling day at a Dáil election, a Dáil elector, whose name is not on the postal voters list or the special voters list, satisfies the returning officer that he is unable, by reason of physical illness or physical disability suffered by him, to vote at the polling station at which he would otherwise be entitled to vote, the returning officer may, if he is of opinion that it would be more convenient for the elector because of his physical illness or physical disability to vote at another polling station situate in the same constituency, in writing authorise the elector to vote at such polling station as may be specified in the authorisation instead of the polling station at which the elector would otherwise be entitled to vote.

Procedure for voting.

101.—(1) Subject to the provisions of sections 38 , 64 , 79 , 99 , 100 , 103 , 104 , 105 and 111 , the presiding officer shall deliver a ballot paper to a Dáil elector who applies therefor and declares his name and address.

(2) Immediately before a ballot paper is delivered to a Dáil elector—

(a) the number (including polling district letter) and name of the elector as stated in the register shall be called out,

(b) the ballot paper shall be marked with the official mark,

(c) a mark shall be placed in the register against the number of the elector to denote that a ballot paper has been issued to that elector but without showing the number of the ballot paper so issued.

(3) A Dáil elector on receiving the ballot paper shall (subject to the provisions of section 103 ) go alone into one of the compartments in the polling station and there shall secretly record his vote on the ballot paper and fold the paper so that his vote is concealed. He shall then return to the presiding officer’s table, show the back of the folded paper to the presiding officer so as to disclose the official mark and then put the folded paper into the ballot box. He shall vote without undue delay and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

Spoilt ballot papers.

102.—A voter who has inadvertently spoiled his ballot paper shall, on returning it to the presiding officer and satisfying him as to the inadvertence, be given another ballot paper. The presiding officer shall immediately mark “spoilt” on the spoilt ballot paper and on the counterfoil thereof. He shall retain the spoilt ballot paper and counterfoil and deal with them in accordance with section 110 .

Voting by blind, incapacitated and illiterate electors.

103.—(1) Where a Dáil elector applying for a ballot paper satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated or that he is unable to read or write to such an extent that he is unable to vote without assistance, this section shall apply.

(2) For the purposes of subsection (1) the presiding officer may, and if required by any personation agent present in the polling station shall, administer to the Dáil elector before delivery of the ballot paper an oath or (in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief) an affirmation in the following form:

“I swear by Almighty God (or — do solemnly, sincerely and truly declare and affirm — as the case may be) that my sight is so impaired (or — that I am so physically incapacitated or — that I am unable to read or write to such an extent — as the case may be) that I am unable to vote without assistance”

and if the Dáil elector refuses to take the oath or make the affirmation, this section shall not apply.

(3) Where this section applies in the case of a Dáil elector who satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance, the elector may request that his ballot paper shall be marked for him by a companion and, subject to subsection (4), the companion may go with the elector into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper in the ballot box.

(4) The presiding officer may, and if required by any personation agent present in the polling station shall, put to the companion before delivery of the ballot paper, the following questions or any one or more of them:

(i) Have you attained the age of sixteen years?

(ii) Have you marked as a companion more than one ballot paper at this election?

(iii) Are you a candidate at this election?

(iv) Are you an agent of a candidate at this election?

and unless such of those questions as are put to the companion are answered, in the case of the first of those questions, in the affirmative and, in the case of any other of those questions, in the negative, the companion may not mark the ballot paper.

(5) Where this section applies and—

(a) the Dáil elector is unable to read or write, or

(b) the Dáil elector does not request that his ballot paper shall be marked for him by a companion, or

(c) the Dáil elector having so requested, the marking of his ballot paper by the companion would be in contravention of subsection (4),

the presiding officer shall, in the presence of the elector and the personation agents and no other person, mark a ballot paper as instructed by such elector and shall then fold it and place it in the ballot box.

(6) A request made by a Dáil elector within two hours before the hour fixed by the Minister for the close of the poll to have his ballot paper marked for him under this section otherwise than by acompanion may be refused by the presiding officer if, in his opinion, having regard to the number of Dáil electors then coming in to vote or likely to come in to vote before the close of the poll, his acceding to such request would interfere with the proper discharge of his duties or would unduly obstruct the voting of other Dáil electors.

(7) Where a ballot paper is to be marked pursuant to subsection (5) the presiding officer may assist the Dáil elector by reading out in full from the ballot paper the particulars stated in respect of each candidate, but he shall not act on any written instruction.

(8) Where, pursuant to this section, a person has marked as a companion two ballot papers at a Dáil election, he shall not, at that election, mark as a companion any other ballot paper.

(9) A person shall not mark as a companion a ballot paper at a Dáil election if he has not reached the age of 16 years or if he is a candidate or agent of a candidate at that election.

Alleged personation.

104.—(1) Where, at a Dáil election, a ballot paper has been issued to a person representing himself to be a particular Dáil elector named on the register of Dáil electors and another person representing himself to be that Dáil elector applies for a ballot paper and duly produces a specified document having been so required by the presiding officer under section 111 and answers such of the questions as may be put to him or takes the oath or makes the affirmation under the said section, subject to section 111 , that other person shall be entitled to receive a ballot paper and mark and place it in the ballot box in like manner as any other Dáil elector.

(2) The presiding officer shall make out a statement showing the total number of ballot papers issued pursuant to this section and the name and number (including polling district letter) on the register of Dáil electors of each of the persons to whom such papers were issued.

Arrest of person committing personation.

105.—(1) Where a presiding officer has reasonable cause to believe that any person who applies for or has applied for a ballot paper is committing or has committed personation he may, before such person has left the polling station, direct a member of the Garda Síochána to arrest the person on the charge of having committed personation and the member of the Garda Síochána shall comply with such direction.

(2) If at the time a person applies for a ballot paper at a Dáil election, or after he has applied for a ballot paper and before he has left the polling station, a personation agent declares to the presiding officer that he believes and undertakes in writing to prove that the applicant has committed personation, the presiding officer may direct a member of the Garda Síochána to arrest the applicant on the charge of having committed personation and the member of the Garda Síochána shall comply with such direction.

(3) Any member of the Garda Síochána may, without any warrant, arrest any person who, he has reasonable cause to believe, is committing, or has committed, personation.

(4) Any arrest authorised by this section may be made at any place whether in a polling station or out of such a station.

(5) No action or other proceeding shall lie against a presiding officer in respect of the arrest on his direction, without malice, of any person on a charge of having committed personation.

Maintenance of order in polling station.

106.—(1) If any person misconducts himself at a polling station or fails to obey the lawful orders of the presiding officer for that station, he may immediately, by order of the said presiding officer, be removed from the polling station by any member of the Garda Síochána or by any other person authorised in writing by the presiding officer to remove him. A person so removed shall not re-enter the polling station without the permission of the presiding officer.

(2) The presiding officer shall as far as practicable ensure that all material which advocates the candidature of a particular person or persons or of members of a political party is removed from the polling station.

(3) For the purpose of this section a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate.

Obstruction of the poll.

107.—(1) Where the poll at any polling station is obstructed by violence, the presiding officer for that station may adjourn the said poll until the next following day (disregarding any excluded day) and on such day the said poll shall be resumed at a time corresponding to the time fixed for the commencement of the poll and shall continue until a time corresponding to the time fixed for the close of the poll on the polling day. References in this Act to the close of the poll shall be construed accordingly in relation to the said polling station.

(2) In the event of such obstruction, only the poll at such polling stations as are actually affected by the obstruction may be adjourned and the poll at all other polling stations shall be continued without adjournment.

(3) Where a poll is adjourned under this section the presiding officer shall forthwith give notice of such adjournment to the returning officer who shall not open any of the ballot boxes used in the constituency until the adjourned poll has been completed.

(4) This section shall apply to any obstruction caused by persons being prevented by violence from going to any polling station and to obstruction caused in any other manner by violence.

Damage to polling stations.

108.—Subject to sections 56 , 62 , 63 , 85 , 86 , 107 and 109 , where, for any reason, including damage to a polling station, the poll at any polling station cannot be taken or continued in accordance with section 96 the following provisions shall have effect:

(a) the returning officer shall—

(i) forthwith give public notice to that effect,

(ii) inform the Minister, and

(iii) take all such steps and give all such directions as he thinks proper for the holding or completion of the poll at such polling station,

(b) a fresh poll shall be held or the poll shall be continued, as may be appropriate, at such polling station on a day (not being later than seven days after the polling day) appointed for the purpose by the returning officer,

(c) the provisions of this Act shall apply in respect of such fresh poll or the continued poll in like manner as they apply to the original poll, and

(d) the returning officer shall not open any of the ballot boxes used in the constituency until the fresh poll or the continued poll has been completed.

Destruction etc. of ballot boxes or ballot papers.

109.—If at a Dáil election any ballot boxes or ballot papers are, without lawful authority, taken out of the custody of the returning officer or of a presiding officer or are in any way tampered with or are destroyed or (in the case of ballot papers) are maliciously torn or defaced the following provisions shall have effect:

(a) the poll at every polling station at which any of the said ballot boxes or ballot papers were used shall be void,

(b) the returning officer shall forthwith inform the Minister of the polling having so become void,

(c) upon receipt of that information, the Minister shall forthwith take all such steps and give all such directions as he thinks proper for the taking of a fresh poll at every such polling station,

(d) a fresh poll shall be taken at every such polling station on a day appointed for this purpose by the Minister,

(e) the provisions of this Act shall apply in respect of such fresh poll in like manner as they apply to the original poll,

(f) the returning officer shall not open any of the ballot boxes used in the constituency until the fresh poll has been completed.

Duties of presiding officer at close of poll.

110.—(1) At the time fixed for the close of the poll the presiding officer shall take steps to ensure that no further Dáil electors are admitted to the polling station, but any elector on the premises at that time shall, subject to the provisions of this Act, be entitled to receive a ballot paper and to vote.

(2) As soon as practicable after the close of the poll, the presiding officer shall seal each ballot box in his charge so that no further ballot papers can be inserted therein and shall attach the key thereto and seal up in separate packets—

(a) the unused and spoilt ballot papers, placed together,

(b) the marked copies of the register of Dáil electors,

(d) a ballot paper account in such form as may be directed by the Minister made out by him and a statement prepared in accordance with section 104 (2),

(e) any authorisations given by the returning officer under section 99 or 100 authorising persons to vote at the polling station,and any undertakings by a personation agent to prove that a person has committed personation, and

(f) the marking instruments, unused stationery and other documents and materials relating to the Dáil election,

and shall deliver all such ballot boxes and packets to the returning officer.

(3) The returning officer shall make adequate arrangements for the safe custody of the ballot boxes delivered in pursuance of this section and of all documents connected with the poll.

Right to vote.

111.—(1) Subject to the subsequent provisions of this section, every person whose name is on the register of Dáil electors for the time being in force for a constituency, and no other person, shall be entitled to vote at the poll at a Dáil election in that constituency.

(2) For the purposes of this section—

(a) a person’s name shall be taken to be on a register of Dáil electors if the register includes a name which in the opinion of the returning officer or presiding officer was intended to be the person’s name;

(b) (i) the returning officer or the presiding officer may of his own volition, or if so required by a personation agent present in the polling station, request any person at the time of applying for a ballot paper, but not afterwards, to produce a specified document and, if the person fails to produce such a document, or if the returning officer or the presiding officer is not satisfied that the person is the person to whom the document relates, such person shall not be permitted to vote;

(ii) for the purposes of this paragraph “specified document” means such document as may be specified in regulations made by the Minister under this section;

(c) the returning officer or presiding officer may, and if so required by a personation agent present in the polling station shall, put to any person when he applies for a ballot paper, but not afterwards, the following questions, or any one or more of them:

(i) Are you the same person as the person whose name appears as AB on the register of Dáil electors now in force for the constituency of?

(ii) Have you already voted at this election?

(iii) Had you reached the age of eighteen years on (date of coming into force of the register)?

and unless such of those questions as are put to the person are answered, in the case of the first and third of those questions, in the affirmative and, in the case of the second of them, in the negative, the person shall not be permitted to vote;

(d) the returning officer or presiding officer may, and if so required by a personation agent present in the polling station shall, administer to any person when he applies for a ballot paper, but not afterwards, an oath or (in the case of any person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief) an affirmation in the following form:

“I swear by Almighty God (or — do solemnly, sincerely and truly declare and affirm — as the case may be) that I am the same person as the person whose name appears as AB on the register of Dáil electors now in force for the constitutency of……….and that I have not already voted at this election, and that I had attained the age of eighteen years on……….(date of coming into force of the register)”;

and if such person refuses to take the oath or make the affirmation he shall not be permitted to vote.

(3) Save as is provided by this section and section 103 , no request to a voter to produce a document shall be made, and no question, oath, affirmation or objection shall be put or permitted at the time of the poll at a Dáil election as to the right of any person to vote, and no objection thereto shall be made or received by any returning officer or presiding officer.

(4) Nothing in this section shall be construed as entitling any person to vote who is not entitled to do so, or as relieving him from any penalties to which he may be liable for voting.

PART XVIII

Arrangements for the Counting of the Votes

Place for the counting of the votes.

112.—The returning officer for a constituency shall appoint a place within or convenient to the constituency as the place at which he will count the votes and shall, at the place so appointed, provide suitable accommodation and all furniture and equipment necessary for counting the votes in accordance with Part XIX and shall make adequate arrangements for the safe custody of the ballot papers and other documents relating to the Dáil election concerned.

Attendance at the counting of the votes.

113.—(1) Not less than 4 days (disregarding any excluded day) before the polling day the returning officer shall give written notice to each candidate of the time and place at which he will proceed to count the votes and of the number of agents each candidate may appoint to be present at the counting of the votes.

(2) The returning officer, his assistants and clerks, members of the Garda Síochána on duty and the agents of the candidates duly appointed for the purpose under this Act may be present at the counting of the votes and no other person shall be present without the permission of the returning officer.

(3) The returning officer shall give the agents of the candidates all such reasonable facilities for overseeing the proceedings at the counting of the votes (including, in particular, facilities for satisfyingthemselves that the ballot papers have been correctly sorted) and all such information with respect thereto as he can give them consistent with the orderly conduct of the proceedings and the performance of his functions.

Preliminary proceedings.

114.—(1) At 9 a.m. on the day next following the polling day, and at the place appointed under section 112 , the returning officer for the constituency shall, in the presence of the agents of the candidates, open the ballot boxes and extract the ballot papers therefrom.

(2) The ballot papers extracted by the returning officer from each ballot box shall be counted and their total number shall be compared with the number shown in the appropriate ballot paper account. The returning officer shall prepare a statement showing the result of this comparison in respect of all the ballot boxes and he shall, on request allow the agent of any candidate to copy the statement.

(3) The returning officer shall then mix together the whole of the ballot papers and shall forthwith proceed to count the votes in accordance with Part XIX .

(4) The returning officer, while counting and recording the number of ballot papers, shall cause the said papers to be kept face upwards and shall take due precautions to prevent any person from seeing the numbers printed on the backs of the said papers.

Time for the counting of the votes.

115.—The returning officer shall, so far as practicable, proceed continuously with the counting of the votes, except during time for refreshment, and excluding (except so far as he and the candidates otherwise agree) the hours between 11 p.m. and 9 a.m.

Conduct of the counting of the votes.

116.—The returning officer shall cause the ballot papers to be scrutinised for the purpose of discovering any papers liable to be rejected as invalid and shall, in accordance with Part XIX , ascertain and record the number of votes given to each candidate.

Handling of ballot papers by candidates or agents.

117.—Candidates or their agents shall not handle ballot papers during the counting of the votes.

PART XIX

Rules for the Counting of the Votes

Interpretation ( Part XIX ).

118.—(1) In this Part—

“continuing candidate” means any candidate not deemed to be elected and not excluded;

“count” means—

(a) all the operations involved in the counting of the first preferences recorded for candidates;

(b) all the operations involved in the transfer of the surplus of a candidate deemed to be elected;

(d) all the operations involved in the transfer of the votes of two or more candidates together;

“deemed to be elected” means deemed to be elected for the purpose of the counting of the votes but without prejudice to the declaration of the result of the poll;

“determine by lot” means determine in accordance with the following directions, namely, the names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidate or candidates shall in cases of exclusion be excluded in the order in which their names are drawn, and, in cases of surpluses, the surpluses shall be transferred in the order in which the names are drawn, and, in cases of equality of fractions, the fraction relating to the candidate whose name is first drawn shall be deemed to be the largest;

“non-transferable paper” means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate; provided that a paper shall be deemed to have become a non-transferable paper whenever—

(a) the names of two or more candidates (whether continuing candidates or not) are marked with marks which, in the opinion of the returning officer, indicate the same order of preference and are next in order of preference; or

(b) the name of the candidate next in order of preference (whether a continuing candidate or not) is marked with a mark which, in the opinion of the returning officer, does not follow consecutively after some other mark on the ballot paper, or with two or more marks; or

“original vote” in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate;

“preference” shall be interpreted as follows—

(a) “first preference” means any mark which, in the opinion of the returning officer, clearly indicates a first preference;

“second preference” means any mark which, in the opinion of the returning officer, clearly indicates a second preference standing in succession to a first preference;

“third preference” means any mark which, in the opinion of the returning officer, clearly indicates a third preference standing in succession to a second preference and so on;

(b) “next available preference” means a preference which, in the opinion of the returning officer, is a second or subsequent preference recorded in consecutive order for a continuing candidate, the preferences next in order on the ballot paper for candidates already deemed to be elected or excluded being disregarded;

“surplus” means the number of votes by which the total number of the votes, original and transferred, credited to any candidate, exceeds the quota;

“transferable paper” means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate;

“transferred vote” in regard to any candidate, means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate.

(2) Any ballot paper—

(a) which does not bear the official mark; or

(b) on which the figure 1 standing alone, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is not placed at all or is not so placed as to indicate a first preference for some candidate; or

(c) on which the figure 1 standing alone indicating a first preference, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is set opposite the name of more than one candidate; or

(d) on which anything is written or marked which, in the opinion of the returning officer, is calculated to identify the elector;

shall be invalid and not counted, but the ballot paper shall not be invalid by reason only of carrying the words “one”, “two”, “three” (and so on) or any other mark which, in the opinion of the returning officer, clearly indicates a preference or preferences.

(3) The returning officer shall endorse “rejected” on any ballot paper which under this section is not to be counted. The returning officer shall prepare a statement in such form as may be directed by the Minister showing the number of ballot papers rejected by him under each of the paragraphs (a), (b), (c) and (d) of subsection (2) and shall, on request, allow any candidate or agent of a candidate to copy such statement.

(4) The returning officer may endorse on any ballot paper which he does not reject as invalid an indication of his decision on it without, however, interfering with any mark placed by the elector on the ballot paper.

First count.

119.—(1) After the ballot papers have been mixed in accordance with section 114 the returning officer shall, rejecting any that are invalid, arrange them in parcels according to the first preferences recorded for each candidate.

(2) The returning officer shall then count the number of papers in each parcel and credit each candidate with a number of votes equal to the number of valid papers on which a first preference has been recorded for such candidate and he shall ascertain the number of all valid papers.

The quota.

120.—(1) The returning officer shall then divide the number of all valid papers by a number exceeding by one the number of vacancies to be filled; the result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the election of a candidate and this number is referred to in this Act as “the quota”.

(2) Where at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be deemed to be elected.

Transfer of surplus.

121.—(1) Where at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with and subject to the provisions of this section to the continuing candidate or candidates indicated on the ballot papers in the parcel or sub-parcel of the candidate deemed to be elected according to the next available preferences recorded thereon.

(2) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original votes only, the returning officer shall examine all the papers in the parcel of that candidate and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon.

(3) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the sub-parcel last received by that candidate and shall arrange the transferable papers therein in further sub-parcels according to the next available preferences recorded thereon.

(4) In either of the cases referred to in subsections (2) and (3) the returning officer shall make a separate sub-parcel of the non-transferable papers and shall ascertain the number of papers in each sub-parcel of transferable papers and in the sub-parcel of non-transferable papers.

(5) Where—

(a) the surplus is equal to the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters’ next available preference,

(b) the surplus is greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall proceed as specified in paragraph (a) and shall in addition make a sub-parcel of a number of non-transferable papers equal to the difference between such total number and the surplus and set the papers therein aside as finally dealt with, such papers being, for the purposes of section 127 (1), described as non-transferable papers not effective,

and the non-transferable papers or the remaining non-transferable papers, as the case may be, also arranged as a sub-parcel shall be placed with the papers of the candidate deemed to be elected.

(6) Where the surplus is less than the total number of transferable papers the following provisions shall apply:

(a) the returning officer shall transfer from each sub-parcel oftransferable papers to the continuing candidate indicated thereon as the voters’ next available preference that number of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable papers,

(b) the number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers,

(c) a note shall be made of the fractions (which may be expressed in decimal form), if any, in each quotient ascertained in respect of each candidate in accordance with paragraph (b) and if, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order of their magnitude (beginning with the largest) as are necessary to make the total number of papers to be transferred equal to the surplus shall be reckoned as of the value of unity and the remaining fractions shall be disregarded,

(d) where two or more fractions are of equal magnitude, and it is not possible for the purposes of paragraph (c) to reckon all of the said fractions as of the value of unity, that fraction shall be deemed to be the largest which arises from the largest sub-parcel, and if such sub-parcels are equal in size, that fraction shall be deemed to be the largest which relates to the candidate credited with the largest number of original votes. Where the numbers of such original votes are equal, regard shall be had to the total number of votes credited to such candidates at the first count at which they were credited with an unequal number of votes, and the fraction relating to the candidate credited with the greatest number of votes at that count shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which fraction shall be deemed to be the largest.

(7) The papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked to indicate the number of the count at which the transfer took place.

(8) The returning officer need not necessarily transfer the surplus of a candidate deemed to be elected whenever that surplus, together with any other surplus not transferred, is less than both the difference between the quota and the number of votes credited to the highest continuing candidate and the difference between the numbers of the votes credited to the two lowest continuing candidates and either—

(a) the number of votes credited to the lowest candidate is greater than one quarter of the quota, or

(b) the sum of the number of votes credited to the lowest candidate together with that surplus and any other surplus not transferred is not greater than one quarter of the quota.

(9) Where at any time there are two or more surpluses which are to be transferred, the greater or greatest of such surpluses shall first be transferred and the remaining surplus or surpluses shall then,subject to subsection (8), be transferred in the order of their descending magnitude.

(10) Where two or more candidates have each an equal surplus arising from the same count regard shall be had to the number of original votes credited to each candidate and the surplus of the candidate credited with the largest number of original votes shall be first dealt with. Where the numbers of such original votes are equal regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes and the surplus of the candidate with the greatest number of votes at that count shall be first dealt with. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which surplus he will first deal with.

(11) Subject to subsections (8) and (9), where two or more candidates have a surplus arising from different counts, a surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count.

Exclusion of candidate.

122.—(1) If at any time no candidate has a surplus (or when under section 121 (8) an existing surplus is not transferred) and one or more vacancies remain unfilled, the returning officer shall—

(a) exclude the candidate credited with the lowest number of votes and examine all the papers of that candidate;

(b) arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates and transfer each sub-parcel to the candidate for whom the preference is recorded;

(c) make a separate sub-parcel of the non-transferable papers and set them aside as finally dealt with, such papers being, for the purposes of section 127 (1), described as non-transferable papers not effective.

(2) Where the total of the votes of the two or more lowest candidates together with any surplus not transferred is less than the number of votes credited to the next highest candidate, the returning officer shall in one operation exclude such two or more lowest candidates provided that—

(a) the number of votes credited to the second lowest candidate is greater than one quarter of the quota, or

(b) where the number of votes credited to any one of such two or more lowest candidates does not exceed one quarter of the quota, it is clear that the exclusion of the candidates separately in accordance with subsection (1) and the transfer of any untransferred surplus could not result in a number of votes exceeding one quarter of the quota being credited to any such candidate.

(3) If, when a candidate has to be excluded under this section, two or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the lowest number of original votes shall be excluded and where the numbers of the original votes are equal, regard shall be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes and the candidate with the lowest numberof votes at that count shall be excluded and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot which shall be excluded.

Transfer of votes.

123.—(1) Where a transfer of votes is made under section 121 or 122 , each sub-parcel of papers transferred shall be placed on top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers transferred to him.

(2) If after any transfer a candidate has a surplus, that surplus shall be dealt with in accordance with and subject to the provisions of section 121 before any other candidate is excluded.

Filling of last vacancies.

124.—(1) When the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected.

(2) When only one vacancy remains unfilled, and the votes of some one continuing candidate exceed the total of all the votes of the other continuing candidates together with any surplus not transferred, that candidate shall thereupon be deemed to be elected.

(3) When the last vacancies can be filled under this section no further transfer of votes shall be made unless any of the continuing candidates has not been credited with a number of votes exceeding one quarter of the quota and it is necessary for the purposes of section 48 (1) (e) to make such transfer in order to establish whether such a number of votes could be credited to him.

Recount.

125.—(1) Any candidate or the election agent of a candidate may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the papers dealt with during that count, and the returning officer shall re-examine and recount such papers accordingly without making any alterations in the arrangement of the papers in the various parcels, save where such alterations may be necessary in consequence of any error discovered in the recount. Nothing in this subsection shall make it obligatory on the returning officer to re-examine or recount the same parcel of papers more than once.

(2) The returning officer may at his discretion recount papers either once or more often in any case in which he is not satisfied as to the accuracy of any count. The power under this subsection of a returning officer to recount papers shall extend to papers dealt with at an earlier count than the immediately preceding one.

(3) (a) As respects each candidate, one request (and not more) may be made by him or his election agent for a complete re-examination and recount of all parcels of ballot papers and the returning officer shall re-examine and recount the parcels of ballot papers accordingly.

(b) In the re-examination and recount, the number or order of ballot papers in any parcel shall not be disturbed.

(c) Nothing in the provisions of this subsection shall make it obligatory on the returning officer to re-examine or recount the same parcel of papers more than once, but if an error is discovered which is, in the opinion of the returning officer, a significant error likely to affect the result of the election, the returning officer shall count all the papers afresh from the point at which the error occurred.

(d) Nothing in this subsection shall make it obligatory on the returning officer to comply with a request by a candidate or his election agent which, in the opinion of the returning officer, is frivolous or vexatious.

(e) A request under this subsection may be made only at the conclusion of a count.

(4) Where an error is discovered, the returning officer shall, where necessary, amend any results previously announced by him.

(5) Where a request made under subsection (3) is withdrawn by the candidate as respects whom it is made or by the election agent of the said candidate, it shall be open to the returning officer not to proceed, or proceed further with the re-examination and recount.

Declaration of result of the poll.

126.—On the completion of the counting of the votes the returning officer shall determine and declare the result of the poll and the candidates deemed to be elected shall thereupon stand elected.

Notice of result of election.

127.—(1) The returning officer shall give public notice in the form directed by the Minister of the names and descriptions of the candidates elected and, in the case of a contested election, of the total number of votes given for each candidate, whether elected or not, of any transfer of votes and of the total number of votes credited to each candidate at the end of the count at which such transfer took place.

(2) The returning officer shall send a copy of the notice referred to in subsection (1) to the Minister and to each person elected and shall send a copy of the statement referred to in section 114 (2) to the Minister.

Decision of returning officer.

128.—The decision of the returning officer, whether expressed or implied by his acts, on any question which arises in relation to the exclusion of any candidate under section 122 or to any ballot paper or transfer of votes shall be final, subject only to reversal on a petition questioning the Dáil election.

ELECTORAL (AMENDMENT) ACT 2004

AN ACT TO AMEND AND EXTEND THE ELECTORAL ACTS 1992 TO 2002, THE EUROPEAN PARLIAMENT ELECTIONS ACTS 1992 TO 2004, THE PRESIDENTIAL ELECTIONS ACTS 1992 TO 2001, THE LOCAL GOVERNMENT ACTS 1925 TO 2003, THE LOCAL ELECTIONS ACTS 1974 TO 2002 AND THE REFERENDUM ACTS 1992 TO 2001 AND TO PROVIDE FOR RELATED MATTERS.

[18th May, 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

Section 1
Short title, collective citations, construction and commencement.

1. —(1) This Act may be cited as the Electoral (Amendment) Act 2004.

(2) The Electoral Acts 1992 to 2002 and this Act may be cited together as the Electoral Acts 1992 to 2004 and shall be read together as one.

(3) The European Parliament Elections Acts 1992 to 2004 and this Act in so far as it relates to European Parliament elections shall be read together as one and this Act (in so far as it so relates) shall be included in the collective citation “European Parliament Elections Acts 1992 to 2004”.

(4) The Presidential Elections Acts 1992 to 2001 and this Act in so far as it relates to presidential elections may be cited together as the Presidential Elections Acts 1992 to 2004, and shall be read together as one.

(5) The Referendum Acts 1992 to 2001 and this Act in so far as it relates to referendums may be cited together as the Referendum Acts 1992 to 2004 and shall be read together as one.

(6) The Local Elections Acts 1974 to 2002, the Local Government (No. 2) Act 2003 and this Act in so far as it relates to local elections may be cited together as the Local Elections Acts 1974 to 2004 and shall be read together as one.

(7) Section 34 and the Local Government Acts 1925 to 2003 may be cited together as the Local Government Acts 1925 to 2004 and shall be read together as one.

(8) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(9) An order under subsection (8) shall be laid before each House of the Oireachtas as soon as may be after it is made.

Annotations

Editorial Notes

E1
Power pursuant to subs. (8) exercised (17.02.2005) by Electoral (Amendment) Act 2004 (Commencement) Order 2005 (S.I. No. 76 of 2005).

2. On the 17th day of February 2005, subsection (4) of section 5 of the Electoral (Amendment) Act 2004 shall come into operation.

E2
Power pursuant to subs. (8) exercised (19.05.2004) by Electoral (Amendment) Act 2004 (Commencement) Order 2004 (S.I. No. 215 of 2004).

2. On the 19th day of May 2004, Parts 1 and 3, sections 33, 34 and 35 of Part 4 and Schedule 5 of the Electoral (Amendment) Act 2004 shall come into operation.

Section 2
Offences relating to voting system equipment.

2. —(1) A person shall be guilty of an offence if—

(a) wilfully and without lawful authority, he or she takes, destroys, conceals, opens or otherwise interferes with any voting system equipment, or

(b) he or she maliciously destroys, tears or defaces any voting machine equipment.

(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding €3,500 or imprisonment for a term not exceeding 12 months or both.

Section 3
Repeal.

3. — Section 48 of the Electoral (Amendment) Act 2001 is repealed.

PART 2

Vote Recording and Electronic Vote Counting

Section 4
Interpretation.

4. —(1) In this Part—

“Act of 1992” means the Electoral Act 1992;

“Act of 1993” means the Presidential Elections Act 1993;

“Act of 1994” means the Referendum Act 1994;

“Act of 1997” means the European Parliament Elections Act 1997;

“Act of 2001” means the Electoral (Amendment) Act 2001;

“Regulations of 1995” means the Local Elections Regulations 1995 (S.I. No. 297 of 1995);

“cartridge or disc” means a device that is used in a voting machine to record each vote;

“election” means, as the context may require, a Presidential election, a European election or a local election;

“electronic” includes electrical, digital, magnetic, optical, electromagnetic and any other form of related technology;

“electronic voting system” means a voting system in which the votes are recorded and automatically counted and the results automatically tabulated by use of electronically operated apparatus;

“enactment” includes an instrument made under an enactment;

“relevant Act or Regulations” means, as appropriate, the Act of 1993, the Act of 1994, the Act of 1997 or the Regulations of 1995;

“returning officer” means, as the context may require, a returning officer for the election or referendum concerned including a local returning officer;

“voting machine” means an apparatus on which voters cast their votes, that records each vote, and that furnishes a total of the number of votes cast on the machine at an election or at a referendum;

“voting system” means a method of casting and counting votes that is designed to function wholly or partly by use of mechanical, electro-mechanical or electronic apparatus and includes the procedures for casting and counting votes and the programmes, operating manuals, printouts and other software necessary for the system’s operation;

“voting system equipment” means any kind of mechanical, electro-mechanical or electronic apparatus for use in a voting system.

(2) Where a section of the Act of 1992 is applied to a referendum by any provision of the Act of 1994, including any such section as modified and applied by Part 3 of the Act of 2001, each such section shall be deemed to be applied to the conduct of a referendum in a constituency in accordance with this Act.

(3) Where a section of the Act of 1992 is applied to a presidential election by any provision of the Act of 1993, including any such section as modified and applied by Part 3 of the Act of 2001, each such section shall be deemed to be applied to the conduct of a presidential election in a constituency in accordance with this Act.

Section 5
Use of voting machines and electronic vote counting.

5. —(1) Notwithstanding the provisions contained in Parts III and V of the Act of 1993, Parts II and III of the Act of 1994, Parts VI to XI of the Second Schedule to the Act of 1997 and Parts IX to XIII of the Regulations of 1995, voting and vote counting at an election or at a referendum may be undertaken on voting system equipment approved for such purpose under Part 3 of the Act of 2001.

(2) Save to the extent that provision corresponding to a provision of that Part is made elsewhere by this Act, Part 3 of the Act of 2001 shall apply to an election or referendum referred to in subsection (1) as if a reference in that Part to a Dáil election were a reference to such an election or referendum as appropriate and with other necessary modifications.

(3) The Minister may, if he or she is of opinion that the public interest so requires, by order designate—

(a) one or more or all constituencies,

(b) one or more or all local electoral areas,

as being a constituency or constituencies or a local electoral area or areas in which voting system equipment approved under section 36(1) of the Act of 2001 shall be used at an election or referendum.

(4) The Minister may by order amend or revoke an order under this section or section 36(2) of the Act of 2001 (including an order under this subsection made in relation to either of those sections).

(5) The Minister may, whenever he or she thinks proper so to do, issue to a returning officer such instructions in relation to voting and vote counting under this Part as he or she shall consider necessary or expedient in order to ensure smooth and efficient voting and vote counting and to secure uniformity of procedures under this Part.

(6) A returning officer shall not be required or authorised by an instruction given by the Minister under subsection (5) to do any act (whether of commission or omission) which is contrary to the Act of 1993, the Act of 1994, the Act of 1997 or the Regulations of 1995.

Annotations

Editorial Notes:

E3
Power pursuant to subs. (4) exercised (30.04.2007) by Electoral (Amendment) Act 2001 Part 3 Order 2002 (Revocation) Order 2007 (S.I. No. 192 of 2007).

E4
Power pursuant to subs. (4) exercised (17.02.2005) by Electoral (Amendment) Act 2001 – Part 3 Order 2002 (Revocation) Order 2005 (S.I. No. 75 of 2005).

Section 6
Application of certain provisions of relevant enactments.

6. —The provisions of—

(a) Parts I to III and VII of the Act of 1993,

(b) Parts I, II and IV of the Act of 1994,

(c) Parts I and II of the Act of 1997 and Parts I to IV, VI to X, XII and XIV to XVI of the Second Schedule to that Act, and

(d) Parts II, IV to VII, IX to XII and XIV to XVI of the Regulations of 1995,

shall, subject to the modifications specified in Schedule 1, 2, 3 or 4 to this Act, apply and have effect in relation to voting and vote counting under this Part at a relevant election or, as the case may be, a referendum.

Section 7
Modification of relevant enactments in their application for purposes of Act.

7. — Schedules 1 to 4 to this Act have effect for the purpose of modifying certain enactments in so far as those enactments apply for the purposes of this Act.

Section 8
Preparation of voting machines.

8. —(1) The returning officer at an election or referendum shall, after the content of a ballot paper is finalised, arrange for the printing and procuring of a sufficient quantity of such ballot papers for use on voting machines and to supply, where relevant, as soon as practicable to the local returning officers concerned such number of ballot papers for use on voting machines as those officers reasonably require.

(2) The returning officer or the local returning officer shall arrange to have installed on the voting machines for his or her constituency or local electoral area the ballot paper referred to in subsection (1), shall programme the details of the ballot paper in the cartridges or discs for recording votes to be cast on each such voting machine and have such a cartridge or disc installed in each voting machine.

(3) The returning officer or local returning officer shall ensure that, after installing a ballot paper and a cartridge or disc as aforesaid in the machine, each voting machine is operating satisfactorily.

(4) The returning officer or local returning officer shall cause the compartment of the machine which contains a cartridge or disc to be locked and sealed in such a manner as to prevent the compartment being interfered with without breaking the lock or seal except in accordance with section 11 .

Section 9
Opening of poll.

9. —(1) Immediately before the commencement of the poll at an election or referendum, the presiding officer at each polling station, after ensuring that the lock on the machine referred to in section 8 has not been interfered with, shall operate the voting machine in his or her charge to demonstrate to such persons as are present in the polling station that no votes are cast or recorded on the machine. The presiding officer shall cause a printed statement to be produced by the machine showing the names of candidates on the ballot paper at the election or the two questions on the ballot paper in the case of a referendum and that no votes are cast or recorded on the machine. The statement shall be signed by the presiding officer and witnessed by an agent or other person in the polling station. The presiding officer shall then place the voting machine in his or her view during the poll.

(2) If, for whatever reason, the voting machine concerned fails to produce the printed statement referred to in subsection (1), the information that would have been recorded in that statement, being information displayed on the voting machine’s display screen, together with any other information specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the presiding officer and witnessed by an agent or other person in the polling station.

Section 10
Procedure for voting.

10. —(1) Subject to the provisions in the relevant Act or Regulations concerning voting with the assistance of a companion or presiding officer, personation and the right to vote, the presiding officer shall permit an elector, who applies to vote and declares his or her name and address, to vote on a voting machine.

(2) Immediately before an elector is permitted to vote—

(a) the number (including polling district letter) and name of the elector as stated in the register shall be called out,

(b) a mark shall be placed in the register against the number of the elector to denote that the elector has been permitted to vote, and

(3) An elector on receiving permission to vote shall (subject to the provisions concerning voting with the assistance of a companion or presiding officer) go alone to one of the voting machines in the polling station or such one of them as he or she is directed to so go to by the presiding officer and there shall secretly record his or her preferences on the ballot paper displayed on the voting machine and shall then cast his or her vote by pressing the cast vote button on that machine. He or she shall vote without undue delay and shall leave the polling station as soon as he or she has voted.

(4) Where an elector has failed to cast, in accordance with subsection (3), his or her vote and has left the polling station and the presiding officer, accordingly, has reason to believe that the voting machine concerned is still open, the presiding officer shall verify, remotely (by means of the control unit), whether that is the case and, if the machine is open, shall de-activate it. Where an elector fails to leave a voting machine within a reasonable time, the provisions of section 106(1) of the Act of 1992, Rule 67 of the Second Schedule to the Act of 1997 or Article 68 of the Regulations of 1995, as appropriate, shall apply and, where, in such circumstances, the voting machine is still open, the presiding officer shall de-activate it.

(5) In a case to which subsection (4) applies, an elector shall not be entitled to re-apply to vote at the poll.

(6) The presiding officer shall keep a separate record and make out a separate statement in a form directed by the Minister of the number of electors permitted to vote on voting machines in the polling station and, as respects each such machine, the number of electors who voted on it and the number of instances arising under subsection (4) with respect to each such machine.

Section 11
Duties of presiding officer at close of poll.

11. —(1) At the time fixed for the close of the poll the presiding officer shall take steps to ensure that no further electors are admitted to the polling station, but any elector on the premises at that time shall, subject to the provisions of the relevant Act or Regulations and this Part, be entitled to vote.

(2) As soon as practicable after the close of the poll, the presiding officer, after ensuring that the lock referred to in section 8 on each voting machine in the polling station has not been interfered with, shall cause a statement showing a list of the candidates on the ballot paper at the election or two questions on the ballot paper in the case of a referendum and the total number of votes recorded on the machine at the polling station to be produced by the machine. The statement shall be signed by the presiding officer and witnessed by another person in the polling station. The presiding officer shall then open the lock and remove the cartridge or disc from each such voting machine so that no further votes can be entered therein.

(3) The presiding officer shall immediately send the said cartridge or disc together with the statements produced at the opening and close of the poll referred to in section 9(1) and subsection (2) to the returning officer or to the local returning officer together with a polling station reconciliation account, in such form as may be directed by the Minister, made out by him or her and shall seal up in separate packets—

(a) the marked copies of the register of electors used,

(b) a statement prepared in accordance with section 104(2) of the Act of 1992 as applied to the relevant election or referendum by the Schedules to this Act, Rule 65 of the Second Schedule to the Act of 1997 or Article 66 of the Regulations of 1995,

(c) any authorisations given by the returning officer or local returning officer authorising persons to vote at the polling station and any undertakings by a personation agent to prove that a person has committed personation, and

(d) unused stationery and other documents and materials relating to the election or referendum,

and shall deliver all such packets to the relevant returning officer or local returning officer.

(4) The returning officer or the local returning officer shall make adequate arrangements for the safe custody of the packages delivered in pursuance of this section and of all documents connected with the poll.

(5) If, for whatever reason, the voting machine concerned fails to produce the printed statement referred to in subsection (2), the information that would have been recorded in that statement, being information displayed on the voting machine’s display screen, together with any other information specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the presiding officer and witnessed by an agent or other person in the polling station.

Section 12
Counting of postal and special voter ballot papers under this Part.

12. —(1) The sealed ballot box containing postal and special voters ballot papers shall be opened, in the presence of agents and not less than 2 members of the returning officer or local returning officer’s staff, not earlier than one hour before the conclusion of voting on polling day.

(2) The ballot papers extracted by the returning officer or local returning officer from the said ballot box shall be counted and their total number compared with the number shown in the appropriate ballot paper account prepared under section 76 of the Act of 1992 (as modified and applied to the Act of 1993 or Act of 1994) or Rule 39 of the Second Schedule to the Act of 1997 or Article 41 of the Regulations of 1995 as applied to this Part by a Schedule to this Act.

(3) The returning officer or local returning officer, while counting and recording the number of ballot papers, shall cause the said papers to be kept face upwards and shall take due precautions to prevent any person from seeing the numbers printed on the backs of the said papers.

(4) Section 48 of the Act of 1993, section 34 of the Act of 1994, Rule 82(2) to (4) of the Second Schedule to the Act of 1997 and Article 80(2) to (5) of the Regulations of 1995, as appropriate, shall apply to ballot papers dealt with under this section.

(5) The returning officer or local returning officer shall reject any of the ballot papers that are invalid and before commencing the entry of ballot paper preferences, the returning officer or local returning officer shall operate the voting machine in his or her charge, which shall have a cartridge or disc installed in it in accordance with section 8 , to demonstrate to such persons as are present that no votes are cast or recorded on the voting machine. The returning officer or local returning officer shall cause a printed statement to be produced by the voting machine showing the names of the candidates on the ballot paper at the election or the two questions on the ballot paper in the case of a referendum and that no votes are cast or recorded on the machine. The returning officer or local returning officer shall then in the presence of agents and not less than 2 members of his or her staff enter the preferences shown on the postal and special voters ballot papers on the ballot paper displayed on the voting machine. After a vote preference or preferences has or have been entered on the said ballot paper from each postal or special voter ballot paper, the returning officer or local returning officer shall then press the cast vote button on the voting machine.

(6) On completion of the entry of the votes in the voting machine, the returning officer or local returning officer shall cause a printed statement to be produced by the machine showing the list of candidates on the ballot paper at the election or the questions on the ballot paper in the case of a referendum and the number of votes recorded.

(7) The statements produced under subsections (5) and (6) shall be signed by the returning officer or local returning officer or a person authorised by him or her and witnessed by an agent or if no agent is present by another person present.

(8) The returning officer or local returning officer shall extract the cartridge or disc from the voting machine and retain it, together with statements produced by the voting machine, in a sealed envelope until the counting of votes commences in accordance with section 13 .

(9) On completion of the activity referred to in subsection (8), the returning officer or local returning officer shall place in separate sealed packets—

(a) the postal and special voters ballot papers, and

(b) the ballot papers rejected under subsection (5),

and shall mark on each packet particulars of its contents, the date of the polling day at the election or referendum and the constituency or local electoral area to which it relates and such packets shall be retained and accounted for together with other election or referendum documents specified in the relevant Act or Regulations.

(10) If, for whatever reason, the voting machine concerned fails to produce the printed statement referred to in subsection (5) or (6), the information that would have been recorded in that statement, being information displayed on the voting machine’s display screen, together with any other information specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the returning officer or local returning officer and witnessed by an agent or if no agent is present by another person present.

Section 13
Preliminary proceedings and time for counting of votes.

13. —(1) Following the closing of the poll, the returning officer or local returning officer, at the place appointed under the relevant Act or Regulations, shall, unless circumstances arise that render it impracticable at that time to do so, proceed with the counting of the votes, in the presence of agents, as the cartridges or discs referred to in sections 11 and 12 are received at the count centre. If circumstances as aforesaid arise, the returning officer or local returning officer shall, upon those circumstances ceasing to exist, proceed with the counting of the votes in the manner aforesaid.

(2) Immediately on receipt of the cartridges or discs from the various polling stations, including the cartridge or disc containing the votes of postal and special voters, the returning officer or local returning officer in the presence of the agents shall insert each cartridge or disc in an apparatus provided in the constituency or local electoral area concerned for the purpose of counting the votes entered in the voting machines in the various polling stations in that constituency or local electoral area (in this Part referred to as a “constituency vote counting machine”).

(3) The returning officer or local returning officer shall compare the number of votes shown on the constituency vote counting machine in respect of each cartridge or disc from a voting machine with the number of votes recorded on the statements prepared pursuant to sections 11 and 12 in respect of each machine and shall prepare a statement showing the result of this comparison in respect of all the voting machines. The returning officer or local returning officer shall, on request, allow an agent to be present at that procedure and shall on request provide a copy of the second-mentioned statement to any agent.

(4) When the cartridges or discs are received from all the voting machines for the constituency or local electoral area and are dealt with in accordance with subsection (2), the returning officer or local returning officer shall cause the constituency vote counting machine to mix the votes recorded in all the cartridges or discs inserted on the said machine, to create a table of the mixed votes which shall be numbered in consecutive order, the number “1” being assigned to the vote placed highest in the table, the number “2” being assigned to the vote placed next highest in the table and so on, and to proceed to cause the said machine to count the votes in accordance with the provisions of the relevant Act or Regulations and this Act.

(5) Where more than one poll, including a referendum, is held on the same polling day, the provisions of section 165 of the Act of 1992 as modified by Part 3 of the Act of 2001 shall apply.

Section 14
Further application of certain provisions of relevant enactments.

14. —(1) Without prejudice to section 12(4), in the case of a European election, Part XI of the Second Schedule to the Act of 1997 (other than paragraphs (2) to (4) of Rule 82 and Rule 89) shall apply to the counting of votes under this Act. Any reference in the Act of 1997 to a ballot paper or papers shall be construed as a reference to a vote cast on a voting machine or, in the case of a reference to postal or special voters ballot papers, a vote entered in a voting machine.

(2) Any reference to the functions referred to in that Part XI, as applied to this Act, being performed by the returning officer or local returning officer shall be construed as a reference to the performance of those functions by electronic methods.

(3) Rule 83 of the Second Schedule to the Act of 1997, as so applied, shall have effect as if the reference in that Rule to Rule 79 were a reference to section 13 of this Act and the words “, rejecting any that are invalid,” were deleted.

(4) Without prejudice to section 12(4), in the case of a local election, Part XIII of the Regulations of 1995 (other than sub-articles (2) to (5) of Article 80 and Article 87) shall apply to the counting of votes under this Act. Any reference in that Part XIII to a ballot paper shall be construed as a reference to a vote cast on a voting machine or, in the case of a reference to postal or special voters ballot papers, a vote entered in a voting machine.

(5) Any reference to the functions referred to in that Part XIII, as applied to this Act, being performed by the returning officer shall be construed as a reference to the performance of those functions by electronic methods.

(6) Article 81 of the Regulations of 1995, as so applied, shall have effect as if the reference in that Article to Article 76 were a reference to section 13 of this Act and the words “, rejecting any that are invalid,” were deleted.

(7) Without prejudice to section 12(4), in the case of a referendum, Part III of the Act of 1994 (other than subsections (1) to (4) of section 34 and section 36) shall apply to the counting of votes under this Act. Any reference in that Part III to a ballot paper or papers shall be construed as a reference to a vote cast on a voting machine or, in the case of a reference to postal or special voters ballot papers, a vote entered in a voting machine.

(8) Any reference to the functions referred to in that Part III, as applied to this Act, being performed by the returning officer or local returning officer shall be construed as a reference to the performance of those functions by electronic methods.

(9) Section 35 of the Act of 1994, as so applied, shall have effect as if the words “ section 13 of the Electoral (Amendment) Act 2004 ” were substituted for the words “section 114 of the Act of 1992 (as applied by section 33)” and the words “, rejecting any that are invalid,” were deleted.

(10) Without prejudice to section 12(4), in the case of a presidential election, Part IV of the Act of 1993 (other than sections 48 and 52) shall apply to the counting of votes under this Act. Any reference in that Part IV to a ballot paper shall be construed as a reference to a vote cast on a voting machine or, in the case of postal or special voters ballot papers, a vote entered in a voting machine.

(11) Any reference to the functions referred to in that Part IV, as applied to this Act, being performed by the local returning officer or returning officer shall be construed as a reference to the performance of those functions by electronic methods.

(12) Section 54 of the Act of 1993, as so applied, shall have effect as if the words “ section 13 of the Electoral (Amendment) Act 2004 ” were substituted for the words “section 114 of the Act of 1992 (as applied by section 47)” and the words “, rejecting any that are invalid,” were deleted.

Section 15
Election petitions.

15. —Part V of the Act of 1993, Part IV of the Act of 1994, Part XV of the Second Schedule to the Act of 1997 or the Local Elections (Petitions and Disqualifications) Act 1974, as appropriate, shall apply to voting and vote counting under this Part as modified by section 16 and the relevant Schedule to this Act.

Section 16
Modification of Local Elections (Petitions and Disqualifications) Act 1974 in its application for purposes of Act.

16. — The Local Elections (Petitions and Disqualifications) Act 1974, in its application to voting and vote counting under this Act, shall have effect as if the following section were substituted for section 8:

“8.—(1) The court may, for the purposes of the trial of a petition, if it thinks fit, order—

(a) that all the votes cast at the election in a local electoral area shall be counted afresh, or

(b) that all the votes so cast or recorded in cartridges or discs in particular voting machines shall be so counted,

and where the court so orders, the provisions of this section shall have effect.

(2) For the purpose of enabling such an order to be carried out, the software used for counting votes cast on voting machines shall include a capability of providing a table of the preferences recorded for each vote cast at the poll at the election, including the vote number referred to in section 13 of the Electoral (Amendment) Act 2004 and a separate record of each vote cast at the election, showing the preferences recorded on it and the vote number referred to in that section 13 and where applicable, the number at each count at which the vote was either transferred to the next available preference recorded on it or became a non-transferable vote not effective.

(3) Votes to which an order under this section relates shall be counted afresh under the direction of the court in accordance with Part XIII of the Regulations of 1995 as modified by Schedule 2 to the Electoral (Amendment) Act 2004 but subject to subsections (4), (5) and (6) of this section and to such modifications (if any) as the court considers necessary.

(4) In counting the votes afresh pursuant to an order under this section, the count shall begin without disturbing the mix carried out by the constituency vote counting machine under section 13 of the Electoral (Amendment) Act 2004.

(5) Where votes are counted afresh pursuant to an order under this section and the court decides that votes shall be added to, or removed from, the vote table the software shall be capable of so adding or removing votes so that there shall be a minimum disturbance to the mix carried out by the constituency vote counting machine prior to the original count.

(6) The court shall have power to reverse any decision of the returning officer at the original count.

(7) The costs of giving effect to an order under this section shall be paid by the local authority concerned.”.

PART 3

Commission on Electronic Voting

Section 17
Commission on Electronic Voting.

17. —(1) The Commission constituted by the Government prior to the passing of this Act as the Commission on Electronic Voting and Counting and styled in the Irish language “An Coimisiún um Vótáil Leictreonach” and in the English language “Commission on Electronic Voting” shall continue in being and continue to be so known and styled (and in this Act is referred to as the “Commission”).

(2) A person who immediately before the passing of this Act is the chairperson or an ordinary member of the Commission shall continue in office as such chairperson or ordinary member subject to and in accordance with this Act.

Section 18
Independence of Commission.

18. —The Commission and its members shall be independent in the performance of their functions under this Part.

Section 19
Membership.

19. —The Commission shall consist of the following members:

(a) a judge of the High Court who shall be the chairperson of the Commission;

(b) the Clerk of the Dáil;

(d) 2 other persons with knowledge or experience in the field of information technology.

Section 20
Provisions in relation to members.

20. —(1) Where, before the reports of the Commission referred to in section 21 have been presented to the Chairman of the Dáil under section 22, the person appointed to be chairperson of the Commission—

(a) through ill-health or other reasonable cause becomes unable to act as such chairperson, the President of the High Court shall assign another judge of the High Court to be a member and the chairperson of the Commission,

(b) ceases to hold office as a judge of the High Court, the person shall continue as such chairperson until the reports of the Commission have been presented unless the President of the High Court assigns another judge to be a member and the chairperson of the Commission,

and the person so assigned shall be a member and the chairperson of the Commission accordingly.

(2) Where the holder of an office referred to in paragraph (b) or (c) of section 19 or a person referred to in paragraph (d) of that section, through ill-health or other reasonable cause, is unable to act as a member of the Commission, or any such office is vacant, the Government may appoint, in the case of—

(a) the Clerk of the Dáil, the Clerk-Assistant of the Dáil,

(b) the Clerk of the Seanad, the Clerk-Assistant of the Seanad,

to be a member of the Commission and the person so appointed shall remain a member of the Commission until the reports of the Commission are presented to the Chairman of the Dáil under section 22 .

(3) Where, before the reports of the Commission have been presented to the Chairman of the Dáil under section 22 , a person who is a member of the Commission ceases to hold an office referred to in paragraph (b) or (c) of section 19, that person shall continue as a member of the Commission until the reports of the Commission have been presented unless the Government by order directs that the person’s successor in office or the appropriate person referred to in paragraph (a) or (b) of subsection (2) shall be a member of the Commission.

(4) Subject to subsections (1), (2) and (3), the Commission may act notwithstanding vacancies in its membership.

Section 21
Functions of Commission.

21. —It shall be the function of the Commission to make—

(a) such reports as are required by the terms of reference given by the Government to the Commission before the passing of this Act and which terms of reference are set out in Schedule 5 to this Act, and

(b) such reports (if any) as may be required pursuant to section 22(5), and, for the purposes of this Act, the references in those terms to elections shall be deemed to include references to any other poll or polls held throughout the State on the date concerned pursuant to any enactment.

Section 22
Presentation of reports of Commission.

22. —(1) The Commission shall present the reports which it is required to make in accordance with section 21(a) to the Chairman of the Dáil.

(2) The Commission shall present any report which it is required to make pursuant to subsection (5) to the Chairman of the Dáil.

(3) As soon as may be after the receipt of a report referred to in subsection (1) or (2) the Chairman of the Dáil shall cause the report to be laid before each House of the Oireachtas.

(4) Subject to subsection (5), upon the expiry of 2 months from the presentation by the Commission of the last of the reports (the “final report”) which it is required to make in accordance with section 21(a), the Commission shall stand dissolved.

(5) If, before the presentation of the final report, the Government by order (which order the Government is, by virtue of this section, empowered to make) request the Commission to make such further report or reports in relation to such matters as may be specified in the order, the Commission shall not stand dissolved until the presentation of the report, or the last of the reports, pursuant to that order.

(6) An order under subsection (5) shall not have effect unless and until it is confirmed by resolution passed by each House of the Oireachtas.

Section 23
Commission to invite and consider submissions.

23. —(1) The Commission may, in accordance with its terms of reference, invite and consider submissions from the public on such basis as it may consider appropriate.

(2) The Commission shall consider submissions made to it pursuant to this section.

Section 24
Staff and assistance.

24. —The Secretary General of the F1[Houses of the Oireachtas Service] shall make available to the Commission such services, including the services of staff of the Houses of the Oireachtas Commission, as may reasonably be required by the first-mentioned Commission.

Annotations

Amendments:

F1
Substituted (1.01.2010) by Houses of the Oireachtas Commission (Amendment) Act 2009 (44/2009), s. 14(1) and sch. 1 item 7, commenced as per s. 15(3).

Section 25
Expenses.

25. —(1) The expenses of the Commission, including the reasonable travelling and other expenses of the members of the Commission and expenses arising from the provision of services to the Commission pursuant to section 24 shall, subject to such conditions as the F2[Minister for Public Expenditure and Reform] may determine, be charged on and paid out of the Central Fund or the growing produce thereof F3[by the Minister for Finance with the approval of the Minister for Public Expenditure and Reform].

(2) Notwithstanding the provisions of any other enactment, subsection (1) shall apply and have effect in relation to all expenses incurred by the Commission prior to the passing of this Act and such expenses shall be recouped from the Central Fund in accordance with such arrangements as may be determined by the F4[Minister for Public Expenditure and Reform].

(3) Section 5(3) of the Houses of the Oireachtas Commission Act 2003 shall not apply to any monies recouped pursuant to this section.

(4) The Commission shall keep all proper and usual accounts of all moneys received or expended by it in the performance of its functions under this Part and shall comply with any direction of the Minister for Finance as to the form and manner and period in respect of which such accounts are to be kept.

(5) Accounts kept in pursuance of subsection (4) shall be submitted by the Minister for Finance to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the accounts and a copy of the report of the Comptroller and Auditor General on the accounts shall be laid by that Minister before each House of the Oireachtas.

Annotations

Amendments:

F2
Substituted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 94(a)(i), S.I. No. 401 of 2011.

F3
Inserted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 94(a)(ii), S.I. No. 401 of 2011.

F4
Substituted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 94(b), S.I. No. 401 of 2011.

Modifications (not altering text):

C1
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

…

Schedule 1

Enactments

…

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

…

No. 15 of 2004

Electoral (Amendment) Act 2004

Section 25(4) and (5)

…

Section 26
Procedure of Commission.

26. —Subject to the provisions of this Act, the Commission shall regulate its own procedure.

Section 27
Prohibition on disclosure of information and absolute privilege of certain matters.

27. —(1) No person shall, without the consent of the Commission, disclose to any person any information obtained while serving as (or during service as) a member of the Commission or as a person whose services are made available to the Commission under section 24 or as a consultant or other person providing services to the Commission, being information relative to the business of the Commission or the performance of its functions.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,500.

(3) The following shall be absolutely privileged:

(a) documents of the Commission, and documents of its members connected with the Commission or its functions, wherever published;

(b) reports of the Commission, wherever published;

(c) statements made in any form at meetings or sittings of the Commission by its members or staff, consultants or other persons providing services to the Commission and such statements wherever published subsequently.

Section 28
Prohibition of certain communications.

28. —(1) Subject to the provisions of section 23, it shall not be lawful for any person to communicate with the members of the Commission, or staff whose services are made available to the Commission under section 24 or a consultant or other person providing services to the Commission, for the purposes of influencing the Commission in performing its functions.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,500.

Section 29
Indemnification of Commission and certain other persons.

29. —(1) The Government shall, on such terms as it thinks appropriate, indemnify the Commission and each of its members against all actions and claims however they arise in respect of the performance by the Commission or a member of it of functions under this Part.

(2) The costs of any indemnification under subsection (1) shall, to such extent as may be determined by the Minister and the Minister for Finance, be met in the same manner as section 25 provides that the expenses of the Commission shall be met.

(3) The Commission may, with the consent of the Minister for Finance and subject to any conditions that the Minister for Finance specifies in the consent, indemnify, on such terms as it thinks appropriate—

(a) any person against any loss or damage in respect of intellectual property rights or other loss or damage that may arise from the performance by it of functions under this Part, or

(b) any person against all actions or claims however they arise in respect of any act or omission of that person if it considers such indemnification of that person to be necessary or expedient for the purpose of the performance by it of functions under this Part.

(4) References in this section to the performance by the Commission or a member of it of functions under this Part shall be deemed to include references to activities undertaken by the Commission or the member, before the passing of this Act, in fulfilment or purported fulfilment of the terms of reference as set out in Schedule 5 to this Act (including those terms as they are to be construed in accordance with section 21(b)); accordingly an indemnity under this section may be given in respect of an act done or an omission made before the passing of this Act, including in respect of any damage resulting from such an act or omission.

(5) For the avoidance of doubt, nothing in the Insurance Acts 1909 to 2000, regulations made under those Acts or regulations relating to insurance made under the European Communities Act 1972 shall affect anything required or authorised to be done by this section.

Annotations

Modifications (not altering text):

C2
Functions of Minister for Finance under section transferred to Minister for Public Expenditure and Reform (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 9(2) and sch. 2 part 1, commenced as per s. 1(2) and S.I. No. 401 of 2011, subject to s. 20(1).

Transfer of certain other functions to Minister.

9.— …

(2) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 1 of Schedule 2 are transferred to the Minister.

…

Schedule 2

Functions Transferred To Minister

PART 1

Functions performable with consent of Minister for Finance

…

No. 15 of 2004

Electoral (Amendment) Act 2004

Section 29(2) and (3)

…

PART 4

Miscellaneous

Section 30
Provision of detailed poll information.

30. —(1) The Minister may provide, by regulations, for the provision, after the conclusion of the counting of votes in an election or a referendum, of statistical information on a specified proportion of the poll concerned, including detailed information on the votes cast and comprised in that specified proportion.

(2) The content, format and extent of the information which may be provided pursuant to those regulations shall be such that the secrecy of the ballot is preserved.

(3) Subject to subsection (2), regulations under this section shall provide for the means by which the information concerned is provided to persons (and the means so provided shall include provision for publication, in a specified manner, of the information to members of the public) and may provide for payment of a reasonable fee in respect of such provision (other than such provision by means of publication).

(4) Notwithstanding anything in regulations under this section, the returning officer or local returning officer concerned may decide not to allow for the provision of information referred to in subsection (1) in respect of any grouping of votes where he or she forms the opinion, whether by reason of the limited number of votes cast in an area or otherwise, that the provision of such detailed information in respect of that grouping of votes would infringe the secrecy of the ballot, and where he or she so decides that information shall, accordingly, not be provided in respect of that grouping of votes.

Section 31
Amendment of section 88 of Electoral Act 1992.

31. —Section 88(2) of the Electoral Act 1992 is amended in paragraph (cc) (inserted by section 21(b) of the Electoral (Amendment) Act 2001) by inserting after “for that purpose”, “and the purposes of Part 3 of the Electoral (Amendment) Act 2001 ”.

Section 32
Amendment of Electoral (Amendment) Act 2001.

32. — The Electoral (Amendment) Act 2001 is amended—

(a) in section 35 by—

(i) deleting “, biometric, photonic” in the definition of “electronic”, and

(ii) inserting “recorded and” after “are” in the definition of “electronic voting system”,

(b) in section 36 by—

(i) in subsection (1), inserting after “Minister.” the following:

“In considering whether to approve such equipment the Minister shall have regard to any report or reports available to him or her with respect to the matter (being a report or reports prepared by a body or bodies which are accredited to or recognised by the European Co-operation for Accreditation) and shall be satisfied that the equipment enables a Dáil election to be conducted in accordance with the relevant enactments (in particular with regard to such matters as the integrity and confidentiality of the voting and vote counting processes).”,

(ii) inserting after subsection (1), the following:

“(1A) Without prejudice to the generality of subsection (1), a voting machine shall not be approved under that subsection unless—

(a) it is designed so as to de-activate automatically, or be capable of being de-activated by an operator under the control of the presiding officer, between each vote cast by individual voters, and

(b) the control unit (or other appropriate device) of it is designed so as to indicate to the operator whether the machine is open for voting and the total number of votes cast and stored on the machine without, in either case, revealing individual preferences of the votes so cast and stored.

(1B) Without prejudice to subsection (4), the Minister may from time to time prepare and publish to returning officers guidelines concerning the steps to be taken by them and such other persons as are specified in the guidelines to ensure compliance by them with this Part generally and, in particular, the matters specified in subsection (1) and section 41(4) or, as appropriate, section 10(4) of the Electoral (Amendment) Act 2004.”,

and

(iii) in subsection (2), inserting after “Minister may”, “, if he or she is of opinion that the public interest so requires,”,

“(ii) for ‘obtained a ballot paper’ in subsection (1)(b) there were substituted ‘applied to vote’;

(iii) there were deleted `(otherwise than under section 102)’ in subsection (1)(b); and

(iv) for ‘obtained a ballot paper’ in subsection (2) there were substituted ‘applied to vote’;”,

(d) in section 40 by substituting the following subsection for subsection (2):

“(2) If, for whatever reason, the voting machine concerned fails to produce the printed statement referred to in subsection (1), the information that would have been recorded in that statement, being information displayed on the voting machine’s display screen, together with any other information specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the presiding officer and witnessed by an agent or other person in the polling station.”,

(e) in section 41 by substituting the following subsection for subsection (4):

“(4) Where an elector has failed to cast, in accordance with subsection (3), his or her vote and has left the polling station and the presiding officer, accordingly, has reason to believe that the voting machine concerned is still open, the presiding officer shall verify, remotely (by means of the control unit), whether that is the case and, if the machine is open, shall de-activate it. Where an elector fails to leave a voting machine within a reasonable time the provisions of section 106(1) of the Act of 1992 shall apply and where, in such circumstances, the voting machine is still open the presiding officer shall de-activate it.”,

(f) in section 42 by substituting the following subsection for subsection (5):

“(5) If, for whatever reason, the voting machine concerned fails to produce the printed statement referred to in subsection (2), the information that would have been recorded in that statement, being information displayed on the voting machine’s display screen, together with any other information specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the presiding officer and witnessed by an agent or other person in the polling station.”,

and

(g) in section 43 by—

(i) in subsection (1), inserting after “staff,”, “not earlier than one hour”, and

(ii) substituting the following subsection for subsection (10):

“(10) If, for whatever reason, the voting machine concerned fails to produce the printed statement referred to in subsection (5) or (6), the information that would have been recorded in that statement, being information displayed on the voting machine’s display screen, together with any other information specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the returning officer or a person authorised by him or her and witnessed by an agent or if no agent is present by another person present.”.

Section 33
Amendment of Schedule to Electoral Act 1997.

33. —The Schedule to the Electoral Act 1997 (inserted by section 50(v) of the Act of 2001) is amended by deleting subparagraph (a) of paragraph 2.

Section 34
Amendment of section 161 of Local Government Act 2001.

34. — Section 161 of the Local Government Act 2001 is amended—

(a) in subsection (2), by substituting “Act, subject to the proviso that an order under subsection (1)(b) may be made before or after that day” for “Act”,

(b) in subsection (3), by substituting “Where, after the said ordinary day of retirement,” for “Where”, and

Section 35
Unlawful possession of polling information card.

35. —(1) A person shall be guilty of an offence if the person, without lawful authority—

(a) takes, destroys, conceals or otherwise interferes with a polling information card, or

(b) presents such a card at a polling station,

which is not addressed to the person in accordance with section 92 of the Act of 1992, section 23 of the Act of 1994, Rule 54 of the Second Schedule to the Act of 1997 or Article 55 of the Regulations of 1995.

(2) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding €3,500 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 2 years or both.

Schedule 1
SCHEDULE 1

Modification of Certain Provisions of Act of 1997

Section 7 .

For the purpose of the application by virtue of this Act to voting and the counting of votes of certain provisions of the Act of 1997, the said provisions as so applied shall have effect as if—

(a) a reference in any such provision to a ballot paper or ballot papers, other than in the case of postal voting and voting by special voters, were a reference, where appropriate, to a ballot paper displayed on a voting machine;

(b) a reference in any such provision to mark or marking in relation to a ballot paper, other than in the case of postal voting and voting by special voters, were a reference to pressing the designated space on a ballot paper displayed on a voting machine;

(c) a reference in any such provision to a ballot box or ballot boxes, other than in the case of postal voting and voting by special voters, were a reference to a voting machine or voting machines;

(d) a reference in any such provision to that Act included, where appropriate, a reference to this Act;

(e) in section 17(3)(b) of that Act, for “to open the ballot boxes and verify the ballot paper accounts” there were substituted “for the discharge of all or any particular part of his or her duties as local returning officer”;

(f) in Rule 25 of the Second Schedule to that Act (referred to subsequently in this Schedule as the “Second Schedule”)—

(i) there were inserted “and at the entry of votes on postal voters ballot papers on a voting machine” after “boxes” in subparagraph (c) of paragraph (1);

(ii) there were substituted for subparagraph (d) of paragraph (1) the following:

“(d) at the reading in and verification of vote data in cartridges or discs.”;

(iii) for “ballot boxes have been sealed by the presiding officer as provided by Rule 71(2)” in paragraph (7), there were substituted “voting machines are closed down by the presiding officer pursuant to section 11 of the Electoral (Amendment) Act 2004 ”;

(iv) there were inserted “and the entry of votes on postal voters ballot papers on a voting machine” after “postal voter ballot boxes” where those words first occur in paragraph (8) and there were inserted “and the votes on the postal voters ballot papers are to be entered on a voting machine” after “to be opened” in that paragraph;

(v) for “opening of the ballot boxes and the verification of ballot paper accounts” in paragraph (9) there were substituted “reading in and verification of vote data in cartridges or discs” and for “ballot boxes are to be opened” there were substituted “read in and verification takes place”; and

(vi) there were inserted “or the Electoral (Amendment) Act 2004 ” after “this Schedule” in paragraph (13);

(g) in Rule 28 of the Second Schedule for “ballot paper placed in a ballot box” there were substituted “vote cast on a ballot paper on a voting machine”;

(h) in Rule 30(1) of the Second Schedule there were deleted “, and indistinguishable from,” and for “delivered to” there were substituted “installed on a voting machine used by”;

(i) in Rule 31 of the Second Schedule there were inserted “and the entry of postal voters and special voters votes on voting machines in accordance with section 12 of the Electoral (Amendment) Act 2004 ” after “therein”;

(j) in Rule 36 of the Second Schedule—

(i) in paragraph (1) there were substituted “after the final delivery of post to the local returning officer on polling day” for “before the time appointed by the local returning officer under rule 73 for the opening of ballot boxes and verification of ballot paper accounts”; and

(ii) there were inserted “and enter the votes on the ballot papers in the postal voters ballot box on a voting machine” after “therein” in paragraph (2);

(k) in Rule 38 of the Second Schedule for “with rule 75.” there were substituted “with section 12 of the Electoral (Amendment) Act 2004. The returning officer shall count and note the number of ballot papers placed in the ballot box and include such details in the statement referred to in Rule 39(5).”;

(l) in Rule 39 of the Second Schedule there were inserted “, the unused ballot papers” after “postal voters list”, where those words first occur in paragraph (1);

(m) in Rule 48 of the Second Schedule for “ballot boxes”, in each place where those words occur in paragraphs (1)(b) and (3)(b), there were substituted “cartridges or discs from voting machines”;

(n) in Rule 50 of the Second Schedule—

(i) there were inserted in paragraph (2)(b) (inserted by section 51(j) of the Act of 2001) “and the purposes of the Electoral (Amendment) Act 2004 ” after “for that purpose”; and

(ii) there were inserted “for postal and special voters” after “ballot papers” in each place where those words occur in subparagraph (h) of paragraph (2);

(o) in Rule 51(1) of the Second Schedule there were inserted “for a postal or special voter” after “ballot paper”;

(p) in Rule 53 of the Second Schedule there were inserted “voting machines,” after “ballot boxes,” in each place where those words occur;

(q) in Rule 56 of the Second Schedule—

(i) in paragraph (7)—

(I) for “compartments” in subparagraph (a) there were substituted “voting machines”;

(II) there were deleted subparagraphs (c), (d) and (e); and

(III) in subparagraph (i) there were deleted “and placing in the ballot box”;

and

(ii) in paragraph (8), for “numbers on the ballot papers” there were substituted “serial numbers of the voting machines”;

(r) in Rule 64 of the Second Schedule—

(i) in paragraph (1), for “for a ballot paper” there were substituted “to vote”;

(ii) in paragraph (2), for “delivery of the ballot paper” there were substituted “permitting the elector to vote”;

(iii) in paragraph (3), for “into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper in the ballot box” there were substituted “to a voting machine in the polling station and then vote on the ballot paper displayed on the voting machine for the elector”;

(iv) in paragraph (4), for “delivery of the ballot paper” there were substituted “permitting that person to vote for the elector”; and

(v) in paragraph (5), for “fold it and place it in the ballot box” there were substituted “vote on the voting machine”;

(s) in Rule 65 of the Second Schedule—

(i) in paragraph (1)—

(I) for “a ballot paper”, where those words first occur, there were substituted “a permission to vote”;

(II) for “for a ballot paper” there were substituted “to vote”; and

(III) for “to receive a ballot paper and mark and place it in the ballot box” there were substituted “to vote”;

and

(ii) in paragraph (2)—

(I) for “ballot papers issued pursuant to this rule” there were substituted “cases arising under paragraph (1)”; and

(II) for “such papers” there were substituted “such permissions referred to in that paragraph”;

(t) in Rule 66 of the Second Schedule—

(i) in paragraph (1), for “for or has applied for a ballot paper” there were substituted “to vote or has voted”; and

(ii) in paragraph (2), for “for a ballot paper” in each place where those words occur, there were substituted “to vote”;

(u) in Rule 70 of the Second Schedule—

(i) there were inserted “or voting machines” after “ballot boxes or ballot papers” where those words first occur;

(ii) for “ballot boxes or ballot papers” in paragraph (a) there were substituted “voting machines”; and

(iii) in paragraph (e) there were inserted “and the Electoral (Amendment) Act 2004 ” after “this Act”;

(v) in Rule 72 of the Second Schedule for “for a ballot paper” in subparagraphs (b), (c) and (d) of paragraph (1) there were substituted “to vote”;

(w) in Rule 73 of the Second Schedule—

(i) in paragraph (1) there were deleted “which shall not be later than 9 a.m. on the day next following the polling day,” and there were substituted “read in and verify the vote data from the cartridges or discs in accordance with section 13 of the Electoral (Amendment) Act 2004 ” for “open the ballot boxes and verify the ballot paper accounts in accordance with this Part”; and

(ii) in paragraph (2) there were substituted “read in and verify the vote data from the cartridges or discs” for “open the ballot boxes”, there were substituted “reading in and verification of vote data from the cartridges or discs” for “verification of ballot paper accounts” and there were substituted “cartridges or discs” for “ballot papers”;

(x) in Rule 74 of the Second Schedule—

(i) there were substituted in paragraph (1) “read in the vote data from the cartridges or discs” for “open the ballot boxes”; and

(ii) there were substituted in paragraph (3) “reading in and verification of vote data from the cartridges or discs” for “opening of the boxes and verification of the ballot paper accounts”;

(y) in Rule 75 of the Second Schedule—

(i) there were substituted the following for subparagraphs (a) to (e) of paragraph (1):

“(a) read in and verify the vote data from the cartridges or discs received for each voting machine,

(b) prepare a statement showing the result of the verification under subparagraph (a) in respect of all the cartridges or discs for the county or county borough for which he or she is the local returning officer,

(c) forthwith, as instructed by the returning officer for the constituency, deliver the vote data and verification form to the said returning officer,

(d) place the cartridges and discs for each voting machine (including postal voters), in the cases provided, endorse on each such case the number of cartridges or discs contained therein, the name of the county or county borough and deliver each case to the chief returning officer as directed.”;

and

(ii) there were deleted paragraph (2);

(z) in Rule 76 of the Second Schedule there were substituted “cartridges or discs” for “ballot papers” and there were substituted “read in and verification of vote data” for “verification of the ballot paper accounts”;

(aa) in Rule 77 of the Second Schedule there were substituted “cartridges or discs containing vote data” for “ballot papers”;

(bb) in Rule 78 of the Second Schedule in paragraph (3) for “the ballot papers have been correctly sorted” there were substituted “all the cartridges or discs received from the local returning officers have been correctly accounted for”;

(cc) in Rule 79 of the Second Schedule—

(i) in paragraph (1) there were substituted “read in and verify the vote data received from the local returning officer” for “open the ballot boxes and the packets contained therein and extract the ballot papers therefrom”; and

(ii) in paragraph (2) there were substituted “the votes” for “the ballot papers” and there were inserted “and section 13 of the Electoral (Amendment) Act 2004 ” after “Schedule”;

(dd) Rule 81 of the Second Schedule were deleted;

(ee) in Rule 93 of the Second Schedule—

(i) in paragraph (1) there were substituted for subparagraphs (a) and (b) the following—

“(a) the cartridges or discs containing the vote data received from the local returning officers,

(b) the election database,”;

(ii) in paragraph (3) there were substituted for subparagraphs (a), (b) and (c) the following:

“(a) the documents referred to in section 12(9)(a) and (b) of the Electoral (Amendment) Act 2004,

(b) verification of vote data in the cartridges or discs,”;

(iii) in paragraph (4), there were inserted “and vote data to be deleted from the cartridges or discs” after “destroyed”;

(ff) in Rule 103 of the Second Schedule—

(i) for “for a ballot paper” in subparagraphs (a) and (b) of paragraph (1) there were substituted “to vote”;

(ii) for “obtained a ballot paper” in paragraph (1)(b) there were substituted “applied to vote” and there were deleted “(otherwise than under rule 63)”; and

(iii) for “obtained a ballot paper” in paragraph (2) there were substituted “applied to vote”;

(gg) in Rule 106 of the Second Schedule—

(i) in paragraph (1), there were inserted “or at the entering of votes from postal and special voters ballot papers on a voting machine” after “postal voters ballot boxes”;

(ii) in paragraph (1)(b), for “the said issue or the said voting or the said opening” there were substituted “the said issue, voting, opening or entering”;

(iii) in paragraph (2), for “for a ballot paper” there were substituted “to vote” and there were deleted “or as to the official mark”;

(iv) there were substituted the following for paragraph (3)—

“(3) A person who is present in any capacity at the read in and verification of vote data in cartridges or discs or the counting of votes at a European election shall be guilty of an offence if, except for some purpose authorised by law, at any time he or she communicates any information obtained at such read in or such count.”;

(v) in paragraph (4)(a), for “making a ballot paper” there were substituted “voting”;

(vi) in paragraph (4)(b), there were deleted “, or as to the number on the back of the ballot paper issued to a voter at that station”; and

(vii) in paragraph (4)(c), for “display a ballot paper after the said voter has marked it so as to make known” there were substituted “disclose”;

(hh) in Rule 107 of the Second Schedule there were inserted in paragraph (a) “or voting machine or cartridge or disc from a voting machine or software or other voting system equipment used for voting or vote counting” after “or any unused ballot paper”;

(ii) in Rule 123 of the Second Schedule there were substituted for “ballot paper during the verification of the ballot paper accounts”, “cartridge or disc during the read in and verification of vote data”;

(jj) for Rule 134 of the Second Schedule there were substituted the following Rule:

“134. (1) The court may, for the purposes of the trial of a petition questioning a European election, if it thinks fit, order—

(a) that all the votes cast on voting machines at the election in a constituency to which the petition relates shall be counted afresh, or

(b) that all the votes so cast or recorded in cartridges or discs contained in particular voting machines shall be so counted,

and where the court so orders, the provisions of this Rule shall have effect. For the purpose of enabling such an order to be carried out, the software used for counting votes cast on voting machines shall include a capability of providing a table of the preferences recorded for each vote cast at the poll at the election, including the vote number referred to in section 13(4) of the Electoral (Amendment) Act 2004 and a separate record of each vote cast at the referendum, showing the preference recorded on it and the vote number referred to in that section 13(4).

(2) Votes to which an order under this Rule relates shall be counted afresh under the direction of the court and, subject to paragraphs (3), (4) and (5) and to such modifications (if any) as the court considers necessary.

(3) In counting the votes afresh pursuant to an order under this Rule, the count shall begin without disturbing the mix carried out by the constituency vote counting machine as provided for in section 13 of the Electoral (Amendment) Act 2004.

(4) Where votes are counted afresh pursuant to an order under this Rule and the court decides that votes shall be added to, or removed from, the vote table, the software shall be capable of so adding or removing votes so that there shall be a minimum disturbance to the mix carried out by the constituency vote counting machine prior to the original count.

(5) The court shall have power to reverse any decision of the constituency returning officer at the original count.

(6) The costs of giving effect to an order under this section shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof and section 18 shall, with respect to the services and expenses properly rendered or incurred by the returning officer or local returning officer for the purposes of, or in connection with, giving effect to the order, apply in the same manner as it applied in respect of the services and expenses rendered or incurred by the returning officer or local returning officer for, or in connection with, the election.”;

and

(kk) in Rule 147 of the Second Schedule—

(i) there were inserted “and the entering of votes on postal and special voter ballot papers on a voting machine” after “postal voter ballot boxes” in paragraph (c); and

(ii) there were substituted “read in and verification of vote data in cartridges or discs” for “verification of ballot paper accounts” in paragraph (e).

Schedule 2
SCHEDULE 2

Modification of Certain Provisions of Regulations of 1995

Section 7 .

For the purpose of the application by virtue of this Act to voting and the counting of votes of certain provisions of the Regulations of 1995, the said provisions as so applied shall have effect as if—

(c) a reference in any such provision to a ballot box or ballot boxes, other than in the case of postal voting and voting by special voters, were a reference to a voting machine or voting machines;

(d) in Articles 5, 9, 25 and 70(1) of those Regulations there were inserted “and the Electoral (Amendment) Act 2004 ” after “Act of 1994”;

(e) in Article 26 of those Regulations—

(i) there were inserted “and at the entry of votes on postal voters ballot papers on a voting machine” after “boxes” in paragraph (c) of sub-article (1);

(ii) for “ballot boxes have been sealed by the presiding officer pursuant to Article 72” in sub-article (6), there were substituted “voting machines are closed down by the presiding officer pursuant to section 11 of the Electoral (Amendment) Act 2004 ”;

(iii) there were inserted “and the entry of votes on postal voters ballot papers on a voting machine” after “postal ballot boxes” where those words first occur in sub-article (7) and there were inserted “and the votes on the postal voters ballot papers are entered on a voting machine” after “to be opened” in that sub-article; and

(iv) there were inserted “or the Electoral (Amendment) Act 2004 ” after “these Regulations” in sub-article (11);

(f) in Article 29 of those Regulations for “ballot paper placed in a ballot box” there were substituted “vote cast on a ballot paper on a voting machine”;

(g) in Article 31(1) of those Regulations there were deleted “, and indistinguishable from,” and for “delivered to” there were substituted “installed on a voting machine used by”;

(h) in Article 32 of those Regulations there were inserted “and the treatment of postal voters and special voters votes in accordance with section 12 of the Electoral (Amendment) Act 2004 ” after “therein”;

(i) in Article 37 of those Regulations there were substituted “Before” for “At the hour fixed for”;

(j) in Article 38 of those Regulations there were inserted “and enter the votes on the ballot papers in the postal voters ballot box on a voting machine” after “therein” in sub-article (2);

(k) in Article 40 of those Regulations for “for the purposes of Article 76” there were substituted “in accordance with section 12 of the Electoral (Amendment) Act 2004. The returning officer shall count and note the number of ballot papers placed in the ballot box and include such details in the statement referred to in Article 41(5)”;

(l) in Article 41 of those Regulations there were inserted “, the unused ballot papers,” after “postal voters list”, in sub-article (1);

(m) in Article 49 of those Regulations, for “ballot boxes”, in each place where those words occur in sub-articles (1)(b) and (3)(b), there were substituted “cartridges or discs from voting machines”;

(n) in Article 51 of those Regulations—

(i) there were inserted in sub-article (2)(aa) (inserted by section 54(b) of the Act of 2001) “, for that purpose and the purposes of the Electoral (Amendment) Act 2004 ” after “Schedule may”; and

(ii) there were inserted “for postal and special voters” after “ballot papers” in each place where those words occur in paragraph (d) of sub-article (2);

(o) in Article 52 of those Regulations there were inserted “for a postal or special voter” after “ballot paper”;

(p) in Article 54 of those Regulations there were inserted “voting machines,” after “ballot boxes,” in each place where those words occur;

(q) in Article 57 of those Regulations—

(i) in sub-article (5)—

(I) for “compartments” in paragraph (a) there were substituted “voting machines”;

(II) there were deleted paragraphs (c), (d) and (e); and

(III) in paragraph (i) (inserted by the Electoral (Amendment) Act 1996) there were deleted “and placing in the ballot box”;

and

(ii) in sub-article (6), for “numbers on the ballot papers” there were substituted “serial numbers of the voting machines”;

(r) in Article 58 of those Regulations, there were inserted “or the Electoral (Amendment) Act 2004 ” after “these Regulations” in sub-articles (4) and (5);

(s) in Article 65 of those Regulations—

(i) in sub-article (1), for “for a ballot paper” there were substituted “to vote”;

(ii) in sub-article (2), for “delivery of the ballot paper” there were substituted “permitting the elector to vote”;

(iii) in sub-article (3), for “into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper in the ballot box” there were substituted “to a voting machine in the polling station and then vote on the ballot paper displayed on the voting machine for the elector”;

(iv) in sub-article (4), for “delivery of the ballot paper” there were substituted “permitting that person to vote for the elector”; and

(v) in sub-article (5), for “fold it and place it in the ballot box” there were substituted “vote on the voting machine”;

(t) in Article 66 of those Regulations—

(i) in sub-article (1)—

(I) for “a ballot paper”, where those words first occur, there were substituted “a permission to vote”;

(II) for “for a ballot paper” there were substituted “to vote”; and

(III) for “to receive a ballot paper and mark and place it in the ballot box” there were substituted “to vote”;

and

(ii) in sub-article (2)—

(I) for “ballot papers issued pursuant to this article” there were substituted “cases arising under sub-article (1)”; and

(II) for “such papers” there were substituted “such permissions referred to in that sub-article”;

(u) in Article 67 of those Regulations—

(i) in sub-article (1), for “for or has applied for a ballot paper” there were substituted “to vote or has voted”; and

(ii) in sub-article (2), for “for a ballot paper”, in each place where those words occur, there were substituted “to vote”;

(v) in Article 69(3) of those Regulations, for “open any of the ballot boxes” there were substituted “open the postal voters ballot box or cause to be read any votes on a cartridge or disc from any voting machine”;

(w) in Article 70 of those Regulations—

(i) in paragraph (c) there were inserted “and the Electoral (Amendment) Act 2004 ” after “these Regulations”, and

(ii) in paragraph (d) there were inserted “or cause to be read any votes on a cartridge or disc from any voting machine” after “ballot boxes”;

(x) in Article 71 of those Regulations—

(i) there were inserted “or voting machines” after “ballot boxes or ballot papers” where those words first occur;

(ii) for “ballot boxes or ballot papers” in paragraph (a) there were substituted “voting machines”; and

(iii) in paragraph (d) there were inserted “and the Electoral (Amendment) Act 2004 ” after “these Regulations”; and

(iv) in paragraph (e) for “open any of the ballot boxes” there were substituted “open the postal voters ballot box or cause to be read any votes on a cartridge or disc from any voting machine”;

(y) in Article 73 of those Regulations, for “for a ballot paper” in sub-articles (1)(a), (2) and (3) there were substituted “to vote”;

(z) in Article 74 of those Regulations—

(i) in sub-article (1) there were substituted “after the close of the poll” for “not later than the hour of 9 a.m. on the day next following polling day”; and

(ii) in sub-article (2) there were inserted “and cartridges or discs from voting machines” after “ballot papers”;

(aa) in Article 75(3) of those Regulations, for “the ballot papers have been correctly sorted” there were substituted “all the cartridges or discs from voting machines have been correctly accounted for”;

(bb) in Article 79 of those Regulations, for “ballot papers” there were substituted “cartridges or discs from voting machines”;

(cc) in Article 92 of those Regulations—

(i) in sub-article (1) there were deleted all the words from “sealed packets” down to and including “polling stations,” and there were substituted “sealed packets the cartridges or discs from voting machines and the statements referred to in sections 9(1), 11(2) and 12(5) and (6) of the Electoral (Amendment) Act 2004,”; and

(ii) for “article 76” in paragraph (b) of sub-article (2) there were substituted “ section 13(3) of the Electoral (Amendment) Act 2004 ”;

(dd) in Article 93 of those Regulations—

(i) there were substituted the following for paragraph (d) of sub-article (2)—

“(d) the cartridges or discs referred to in subsection (2) of section 13 of the Electoral (Amendment) Act 2004 and the documents referred to in paragraphs (a) and (b) of section 12(9) of that Act.”;

(ii) there were inserted “or the Electoral (Amendment) Act 2004 ” after “Part XV” in sub-article (3);

(ee) in Article 95 of those Regulations—

(i) for “for a ballot paper” in paragraphs (a) and (b) of sub-article (1) there were substituted “to vote”;

(ii) for “obtained a ballot paper” in sub-article (1)(b) there were substituted “applied to vote” and there were deleted “(otherwise than under article 64)”; and

(iii) for “obtained a ballot paper” in sub-article (2) there were substituted “applied to vote”;

(ff) in Article 98 of those Regulations—

(i) in sub-article (1), there were inserted “or at the entering of votes from postal and special voters ballot papers on a voting machine” after “postal ballot boxes”;

(ii) in sub-article (1)(b), for “the said issue or the said voting or the said opening” there were substituted “the said issue, voting, opening or entering”;

(iii) in sub-article (2), for “for a ballot paper” there were substituted “to vote” and “or as to the official mark” were deleted;

(iv) the following were substituted for sub-article (3)—

“(3) A person who is present in any capacity at the read in and verification of vote data in cartridges or discs or the counting of votes at a local election shall be guilty of an offence if, except for some purpose authorised by law, at any time he or she communicates any information obtained at such read in or such count.”;

(v) in sub-article (4)(a), for “marking a ballot paper” there were substituted “voting”;

(vi) in sub-article (4)(b), there were deleted “, or as to the number on the back of the ballot paper issued to a voter at that station”; and

(vii) in sub-article (4)(c), for “display a ballot paper after the voter has marked it so as to make known” there were substituted “disclose”;

(gg) in Article 99(a) of those Regulations, there were inserted “or voting machine or cartridge or disc from a voting machine or software or other voting system equipment used for voting or vote counting” after “or any unused ballot paper”;

(hh) in Article 114 of those Regulations, there were inserted “or a cartridge or disc from a voting machine” after “ballot paper”;

(ii) in Article 121 of those Regulations, there were inserted “and the entering of votes on postal and special voter ballot papers on a voting machine” after “postal ballot boxes” in paragraph (c); and

(jj) in Article 123, there were inserted “and the Electoral (Amendment) Act 2004 ” after “these Regulations”.

Schedule 3
SCHEDULE 3

Modification of Certain Provisions of Act of 1994

Section 7 .

For the purpose of the application by virtue of this Act to voting and the counting of votes at a referendum of certain provisions of the Act of 1994, the said provisions as so applied shall have effect as if—

(c) a reference in any such provision to a ballot box or ballot boxes, other than in the case of postal voting and voting by special voters, were a reference to a voting machine or voting machines;

(d) a reference in any section of the Act of 1994 to that Act included, where appropriate, a reference to this Act;

(e) in section 2(3) of that Act there were inserted after paragraph (i) the following paragraph;

“(ii) in section 75 of the said Act for ‘as a ballot box for the purposes of section 114’ there were substituted ‘in accordance with section 12 of the Electoral (Amendment) Act 2004 ’;”;

(f) in section 7 of that Act, there were inserted “and the entering of votes on postal and special voter ballot papers on a voting machine” after “postal ballot boxes” in paragraph (c);

(g) in section 15(4) of that Act, for “open the ballot boxes and count the votes”, in each place where those words occur, there were substituted “open the postal voter ballot boxes and count the votes in accordance with the Electoral (Amendment) Act 2004 ”;

(h) in section 24 of that Act—

(i) there were inserted “or Part IA” after “Part I” in paragraph (a) of subsection (1);

(ii) there were inserted “or Part IIA” after “Part II” in subsection (2); and

(iii) there were inserted “for postal and special voters” after “ballot papers” in each place where those words occur in paragraphs (a) and (b) of subsection (5);

(i) in section 25(1) of that Act, there were inserted “for a postal or special voter” after “ballot paper”;

(j) in section 26 of that Act—

(i) there were inserted “and at the entry of votes on postal voters ballot papers on a voting machine” after “boxes” in paragraph (b) of subsection (1);

(ii) for “ballot boxes have been sealed by the presiding officer pursuant to section 110 of the Act of 1992 (as applied by section 32)” in subsection (6), there were substituted “voting machines are closed down by the presiding officer pursuant to section 11 of the Electoral (Amendment) Act 2004 ”;

(iii) there were inserted “and the entry of votes on postal voters ballot papers on a voting machine” after “postal ballot boxes” where those words first occur in subsection (7) and there were inserted “and the votes on the postal voters ballot papers are entered on a voting machine” after “to be opened” in that subsection;

(k) in section 28(2) of that Act for “ballot paper placed in a ballot box” there were substituted “vote cast on a ballot paper on a voting machine”;

(l) in section 38 of that Act—

(i) in subsection (1) there were deleted all the words from “sealed packets” down to and including “polling stations,” and there were substituted “sealed packets the cartridges or discs from voting machines and the statements referred to in sections 9(1), 11(2) and 12(5) and (6) of the Electoral (Amendment) Act 2004 ”; and

(ii) for “section 114 of the Act of 1992 (as applied by section 33)” in paragraph (b) of subsection (2) there were substituted “ section 13 of the Electoral (Amendment) Act 2004 ”;

(m) in section 39 of that Act there were substituted for paragraph (d) of subsection (2) the following:

“(d) the cartridges or discs referred to in subsection (1) of section 38 (as modified by virtue of the Electoral (Amendment) Act 2004) and the documents referred to in paragraphs (a) and (b) of section 12(9) of that Act.”;

(n) in section 47 of that Act the following were substituted for subsections (1) to (4)—

“(1) The court may, for the purposes of the trial of a referendum petition, if it thinks fit, order—

(a) that all the votes cast at a referendum on voting machines in a constituency shall be counted afresh, or

(b) that all the votes so cast or recorded on cartridges or discs contained in particular voting machines shall be so counted,

and where the court so orders, the provisions of this section shall have effect. For the purpose of enabling such an order to be carried out, the software used for counting votes cast on voting machines shall include a capability of providing a table of the preferences recorded for each vote cast at the poll at the referendum, including the vote number referred to in section 13 of the Electoral (Amendment) Act 2004 and a separate record of each vote cast at the referendum, showing the preference recorded on it and the vote number referred to in that section 13 .

(2) Votes to which an order under this section relates shall be counted afresh under the direction of the court and subject to subsections (3), (4) and (4A) and to such modifications (if any) as the court considers necessary.

(3) In counting the votes afresh pursuant to an order under this section, the count shall begin without disturbing the mix carried out by the constituency vote counting machine under section 13 of the Electoral (Amendment) Act 2004.

(4) Where votes are counted afresh pursuant to an order under this section and the court decides that votes shall be added to, or removed from, the vote table, the software shall be capable of so adding or removing votes so that there shall be a minimum disturbance to the mix carried out by the constituency vote counting machine prior to the original count.

(4A) The court shall have power to reverse any decision of the local returning officer at the original count.”;

(o) in the Second Schedule to that Act—

(i) there were inserted after Part I, the following:

“Part IA

FORM OF BALLOT PAPER FOR USE ON A VOTING MACHINE AT CONSTITUTIONAL REFERENDUM

(Space for title if any)

An bhfuil tú ag toiliú leis an togra chun an Bunreacht a leasú atá sa Bhille thíosluaite?

Do you approve of the proposal to amend the Constitution contained in the undermentioned Bill?

NÁ BRÚIGH ACH AON CHNAIPE AMHÁIN PRESS ONE BUTTON ONLY

MÁ THOILÍONN TU,

brúigh an cnaipe seo

TÁ

YES

IF YOU APPROVE,

press this button

MURA dTOILÍONN TÚ,

brúigh an cnaipe seo

NÍL

IF YOU DO NOT APPROVE,

press this button

and

(ii) there were inserted after Part II, the following:

“Part IIA

FORM OF BALLOT PAPER FOR USE ON A VOTING MACHINE AT ORDINARY REFERENDUM

(Space for title if any)

An bhfuil tú ag toiliú le dlí a dhéanamh den togra thíosluaite?

Do you approve of the undermentioned proposal becoming law?

NÁ BRÚIGH ACH AON CHNAIPE AMHÁIN PRESS ONE BUTTON ONLY

MÁ THOILÍONN TU,

brúigh an cnaipe seo

TÁ

YES

IF YOU APPROVE,

press this button

MURA dTOILÍONN TÚ,

brúigh an cnaipe seo

NÍL

IF YOU DO NOT APPROVE,

press this button

Schedule 4
SCHEDULE 4

Modification of certain provisions of Act of 1993

Section 7 .

For the purposes of the application by virtue of this Act to voting and the counting of votes at a presidential election of certain provisions of the Act of 1993, the said provisions as so applied shall have effect as if—

(c) a reference in any such provision to a ballot box or ballot boxes, other than in the case of postal voting and voting by special voters, were a reference to a voting machine or voting machines;

(d) a reference in any section of the Act of 1993 to that Act included, where appropriate, a reference to this Act;

(e) in section 10(4) of that Act there were inserted “postal voters” before “ballot boxes” and there were inserted “, read in the cartridges or discs” after “ballot boxes” in paragraphs (a) and (b);

(f) in section 34 of that Act—

(i) there were inserted “and the entering of votes on postal and special voter ballot papers on a voting machine” after “postal ballot boxes” in subsection 2(b);

(ii) in subsection (7) there were substituted “poll is closed in accordance with section 11 of the Electoral (Amendment) Act 2004 ” for “ballot boxes have been sealed by the presiding officer pursuant to section 110 of the Act of 1992 (as applied by section 44)”;

(iii) in subsection (8) there were inserted “and the entry of postal ballot papers on the voting machine” after “postal ballot boxes”;

(g) in section 37 of that Act—

(i) there were inserted in subsection (2)(aa) (inserted by section 52(d) of the Act of 2001) after “for that purpose” “and the purposes of the Electoral (Amendment) Act 2004 ”; and

(ii) there were inserted “postal voter” before “ballot papers” in subsections (2)(d) and (2)(e);

(h) in section 38 of that Act there were inserted “postal voter and special voter” before “ballot paper” in subsection (1);

(i) in section 53 of that Act, the reference to ballot papers in paragraphs (b) and (c) were a reference to votes;

(j) in section 54 of that Act—

(i) in subsection (1), there were inserted “postal voter” before “ballot papers” in paragraphs (a), (b) and (c) and there were substituted the following for paragraph (d)—

“(d) the cartridges or discs containing votes and election database,”;

(ii) in subsection (2) there were substituted the following for paragraph (b)—

“(b) the statement referred to in section 13(3) of the Electoral (Amendment) Act 2004, and”;

(iii) there were inserted in subsection (4) “and the deletion of the votes in the cartridges or discs” after “destroyed”;

(k) in section 55 of that Act, there were inserted “and the documents referred to in paragraphs (a) and (b) of section 12(9) of the Electoral (Amendment) Act 2004 ” after “section 54(1)” in paragraph (d) of subsection (2); and

(l) in section 60 of that Act, there were inserted “and the entry of postal votes on a voting machine” after “ballot boxes” in paragraph (c).

Schedule 5
SCHEDULE 5

Commission on Electronic Voting

Section 21 .

Text of Terms of Reference

The Commission, which shall be independent in the performance of its functions, shall prepare a number of reports for presentation to the Ceann Comhairle on the secrecy and accuracy of the chosen electronic voting and counting system, i.e. the Powervote/Nedap system.

The Commission shall make one or more of such reports to the Ceann Comhairle not later than 1 May, 2004 comprising recommendations on the secrecy and accuracy including the application or nonapplication as the case may be of the electronic voting and counting of the Powervote/Nedap system for the European and Local Elections on 11 June, 2004.

The Commission’s subsequent report or reports will record its views of the operation and experience of electronic voting and counting at elections.

In carrying out its work, it will be open to the Commission to review the tests already undertaken to validate the electronic voting and counting system, and to have further tests undertaken. It may also retain the service of such consultants or other persons that it considers are desirable.

The Commission shall be entitled to invite and consider submissions on such basis as it thinks appropriate.

Number 15 of 2004

ELECTORAL (AMENDMENT) ACT 2004

REVISED

Updated to 8 July 2020

About this Revised Act

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Electoral Acts 1992 to 2019: this Act is one of a group of Acts included in this collective citation, to be construed together as one (European Parliament Elections (Amendment) Act 2019 (7/2019), s. 9(3)). The Acts in this group are:

• Electoral Act 1992 (23/1992)

• Electoral (Amendment) Act 1995 (21/1995) (repealed)

• Electoral (Amendment) Act 1996 (43/1996)

• Electoral Act 1997 (25/1997)

• Electoral (Amendment) Act 1998 (4/1998)

• Electoral (Amendment) (No. 2) Act 1998 (19/1998) (repealed)

• Local Elections (Disclosure of Donations and Expenditure) Act 1999 (7/1999)

• Standards in Public Office Act 2001 (31/2001), insofar as it relates to functions of the Standards in Public Office Commission under the Electoral Act 1997 (25/1997)

• Electoral (Amendment) Act 2001 (38/2001)

• Electoral (Amendment) Act 2002 (4/2002)

• Electoral Amendment (No. 2) Act 2002 (23/2002)

• Electoral (Amendment) Act 2004 (15/2004)

• Electoral (Amendment) Act 2005 (16/2005)

• Electoral (Amendment) Act 2006 (33/2006)

• Electoral (Amendment) Act 2007 (14/2007)

• Electoral (Amendment) Act 2009 (4/2009)

• Electoral (Amendment)(No. 2) Act 2009 (9/2009), other than s. 9

• Electoral (Amendment) Act 2011 (14/2011)

• Electoral (Amendment) Act 2012 (27/2012)

• Electoral (Amendment) (Political Funding) Act 2012 (36/2012)

• Electoral (Amendment) (Dáil Constituencies) Act 2013 (7/2013)

• Electoral, Local Government and Planning and Development Act 2013 (27/2013), except Parts 8 and 9

• Local Government Reform Act 2014 (1/2014), ss. 1(6), s. 5(4), Schedule 2, Part 2 and Schedule 4, paras. 17 and 18, in so far as it relates to the Electoral Act 1992

• Electoral (Amendment) Act 2014 (8/2014)

• Electoral (Amendment) (No. 2) Act 2014 (24/2014)

• Electoral (Amendment) Act 2015 (62/2015), ss. 3 and 4

• Electoral (Amendment) Act 2016 (5/2016)

• Electoral (Amendment) (Dáil Constituencies) Act 2017 (39/2017)

• Companies (Statutory Audits) Act 2018 (22/2018), ss. 71 and 73

• European Parliament Elections (Amendment) Act 2019 (7/2019), s. 8

European Parliament Elections Acts 1992 to 2019: this Act is one of a group of Acts included in this collective citation, to be construed together as one (European Parliament Elections (Amendment) Act 2019 (7/2019), s. 9(2)). The Acts in the group are:

• Electoral Act 1992 (23/1992), Parts II, III, IV and XXIII and Second Schedule so far as they relate to European elections and European electors

• European Parliament Elections Act 1997 (2/1997)

• Electoral Act 1997 (25/1997), insofar as it relates to the European elections

• Local Elections (Disclosure of Donations and Expenditure) Act 1999 (7/1999), subs. 1(4) and so much of ss. 2 and 25 as relate to the European Parliament elections

• Electoral (Amendment) Act 2001 (38/2001), insofar as it relates to European Parliament elections

• Electoral (Amendment) Act 2002 (4/2002), insofar as it relates to European Parliament elections

• European Parliament Elections (Amendment) Act 2004 (2/2004)

• Electoral (Amendment) Act 2004 (15/2004), insofar as it relates to European Parliament elections

• Electoral (Amendment) Act 2006 (33/2006), insofar as it relates to European Parliament elections

• Electoral (Amendment) Act 2009 (4/2009), in so far as it relates to European Parliament elections

• Electoral, Local Government and Planning and Development Act 2013 (27/2013)

• European Parliament Elections (Amendment) Act 2014 (2/2014)

• Electoral (Amendment) Act 2014 (8/2014), in so far as it relates to European Parliament elections

• European Parliament Elections (Amendment) Act 2019 (7/2019), other than s. 8

Local Elections Acts 1974 to 2014: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Local Government Reform Act 2014 (1/2014), s. 1(5)). The Acts in the group are:

• Local Elections (Petitions and Disqualifications) Act 1974 (8/1974)

• Electoral Act 1992 (23/1992), Part II insofar as it relates to local government electors and Part XXIII insofar as it relates to local elections

• Local Government Act 1994 (8/1994), Parts II and III (repealed)

• Electoral Act 1997 (25/1997), Parts VII and VIII insofar as they relate to local elections

• Local Government Act 1998 (16/1998), ss. 9 and 10

• Local Elections (Disclosure of Donations and Expenditure) Act 1999 (7/1999), s. 1, other than subs. (4), and so much of s. 25 as relates to the European Parliament elections

• Local Government Act 2001 (37/2001), Parts 3 and 4, Part 5 Chapter 3 and s. 243

• Electoral (Amendment) Act 2001 (38/2001), insofar as it relates to local elections

• Electoral (Amendment) Act 2002 (4/2002), insofar as it relates to local elections

• Local Government (No. 2) Act 2003 (17/2003)

• Electoral (Amendment) Act 2004 (15/2004), insofar as it relates to local elections

• Electoral (Amendment) Act 2006 (33/2006), insofar as it relates to local elections

• Electoral (Amendment) Act 2009 (4/2009), insofar as it relates to local elections

• Electoral (Amendment)(No. 2) Act 2009 (9/2009), other than s. 9

• Electoral (Amendment) (Political Funding) Act 2012 (36/2012), in so far as it relates to local elections

• Local Government Reform Act 2014 (1/2014), ss. 1(5), s. 5(4) and Schedule 2, part 2 in so far as it relates to Local Elections (Petitions and Disqualifications) Act 1974 and Local Elections (Disclosure of Donations and Expenditure) Act 1999

Local Government Acts 1925 to 2019: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Local Government Rates and other Matters Act 2019 (24/2019), s. 28(2)). The Acts in the group are:

• Local Government Act 1925 (5/1925)

• Local Government Act 1927 (3/1927)

• Local Government Act 1941 (23/1941)

• Local Government Act 1946 (24/1946)

• Local Government Act 1955 (9/1955)

• Local Government (No. 2) Act 1960 (40/1960)

• Local Government (Buncrana) Act 1968 (2/1968)

• Local Government (Rateability of Rents) (Abolition) Act 1971 (15/1971), in so far as it amends the Local Government Acts 1925 to 1968

• Local Government (Financial Provisions) Act 1978 (35/1978)

• Local Government (Financial Provisions) Act 1983 (10/1983)

• Local Government (Financial Provisions) (No. 2) Act 1983 (21/1983)

• Local Government (Reorganisation) Act 1985 (7/1985)

• Local Government Act 1991 (11/1991)

• Local Government Act 1994 (8/1994)

• Local Government (Financial Provisions) Act 1997 (29/1997)

• Local Government Act 1998 (16/1998)

• Local Government (Financial Provisions) Act 2000 (6/2000)

• Local Government Act 2001 (37/2001), other than ss. 163, 164 and 211 and Parts 23 and 24

• Local Government Act 2003 (8/2003)

• Local Government (No.2) Act 2003 (17/2003)

• Electoral (Amendment) Act 2004 (15/2004), s. 34

• Local Government (Business Improvement Districts) Act 2006 (42/2006), ss. 2 to 7

• Water Services Act 2007 (30/2007), ss. 1(7), 13 and 115

• Local Government (Miscellaneous Provisions) Act 2012 (17/2012), Part 4

• Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 9

• Local Government Reform Act 2014 (1/2014), other than ss. 1(3)-(8), 5(3)-(5) and sch. 2

• Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 57

• Planning and Development (Housing) and Residential Tenancies Act 2016 (16/2016), ss. 1(2)(c) and 52

• Local Government Act 2019 (1/2019)

• Local Government Rates and Other Matters Act 2019 (24/2019), other than ss. 23-26

Acts previously included in the group but now repealed are:

• Local Government (Amendment) Act 1930 (26/1930)

• Local Government Act 1931 (19/1931)

• Local Government Act 1933 (5/1933)

• Local Government (Amendment) Act 1934 (5/1934)

• Local Government (Amendment) (No. 2) Act 1934 (44/1934)

• Local Government Act 1936 (46/1936)

• Local Government (Amendment) Act 1939 (9/1939)

• Local Government Act 1953 (12/1953)

• Local Government Act 1958 (9/1958)

• Local Government Act 1959 (10/1959)

• Local Government Act 1960 (23/1960)

• Local Government (Roads and Motorways) Act 1974 (6/1974)

• Local Government (Toll Roads) Act 1979(34/1979)

• Local Government Act 2000 (25/2000)

Presidential Elections Acts 1992 to 2006: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Electoral (Amendment) Act 2006 (33/2006), s. 20(4)). The Acts in the group are:

• Electoral Act 1992 (23/1992), Part II, insofar as it relates to presidential electors, and Part XXIII, insofar as it relates to presidential elections

• Presidential Elections Act 1993 (28/1993)

• Electoral Act 1997 (25/1997), Part VI and, insofar as they relate to presidential elections, Parts VII and VIII

• Electoral (Amendment) Act 2001 (38/2001), insofar as it relates to presidential elections

• Electoral (Amendment) Act 2004 (15/2004), insofar as it relates to presidential elections

• Electoral (Amendment) Act 2006 (33/2006), insofar as it relates to presidential elections

Referendum Acts 1992 to 2013: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 1(4)). The Acts in the group are:

• Electoral Act 1992 (23/1992), Parts II and XXIII, insofar as they relate to referenda

• Referendum Act 1994 (12/1994)

• Referendum Act 1998 (1/1998)

• Electoral (Amendment) Act 2001 (38/2001), insofar as it relates to referendums

• Referendum Act 2001 (53/2001)

• Electoral (Amendment) Act 2004 (15/2004), insofar as it relates to referendums

• Electoral (Amendment) Act 2006 (33/2006), insofar as it relates to referendums

• Electoral, Local Government and Planning and Development Act 2013 (27/2013), insofar as it relates to referendums

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Ministers and Secretaries (Amendment) Act 2011 (10/2011)

• Houses of the Oireachtas Commission (Amendment) Act 2009 (44/2009)

All Acts up to and including Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• Electoral (Amendment) Act 2001 Part 3 Order 2002 (Revocation) Order 2007 (S.I. No. 192 of 2007)

• Electoral (Amendment) Act 2004 (Commencement) Order 2005 (S.I. No. 76 of 2005)

• Electoral (Amendment) Act 2001 – Part 3 Order 2002 (Revocation) Order 2005 (S.I. No. 75 of 2005)

• Electoral (Amendment) Act 2004 (Commencement) Order 2004 (S.I. No. 215 of 2004)

All statutory instruments up to and including Health Act 1947 (Section 31A – Temporary Requirements) (Covid-19 Passenger Locator Form) (Amendment) (No. 2) Regulations 2020 (S.I. No. 243 of 2020), made 8 July 2020, were considered in the preparation of this revision.

ELECTORAL REFORM ACT 2022

PART 6

Advance polling during pandemic or Covid-19

Chapter 1

Amendment of Act of 1992

Advance polling

173. The Act of 1992 is amended by the insertion of the following section after section 96:

“96A. (1) Notwithstanding section 96, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of An Coimisiún Toghcháin, make an order providing that, in addition to the poll provided for under section 96—

(a) in one or more constituencies, an advance poll may be taken on the day before the day appointed by the Minister under section 96(1), and

(b) a poll referred to in paragraph (a) shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.

(2) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

(3) The returning officer in a constituency to which an order under subsection (1) applies shall give public notice of the day on which, and the hours during which, the advance poll provided for by that order shall be taken.

(4) In this section—

‘Covid-19’ means a disease caused by infection with the virus SARS- CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 ) or any variant of the disease so specified as an infectious disease in those Regulations;

‘pandemic’ means an outbreak of disease—

(a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

(b) which has been declared by the World Health Organisation to be a pandemic.”.

Chapter 2

Amendment of Act of 1994

Advance polling

174. The Act of 1994 is amended by the insertion of the following section after section 10:

“10A. (1) Notwithstanding section 10(1), section 11(1) and section 12(1), the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of An Coimisiún Toghcháin, make an order providing that, in addition to a poll provided for under section 10(1), section 11(1) or section 12(1)—

(a) in one or more constituencies, an advance poll may be taken on the day before the day appointed by the Minister under section 10(1), section 11(1) or section 12(1), and

(b) a poll referred to in paragraph (a) shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.

(2) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

(4) In this section—

‘pandemic’ means an outbreak of disease—

(a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

(b) which has been declared by the World Health Organisation to be a pandemic.”.

Chapter 3

Amendment of Act of 1993

Advance polling

175. The Act of 1993 is amended by the insertion of the following section after section 6:

“6A. (1) Notwithstanding section 6(1) and section 8, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of An Coimisiún Toghcháin, make an order providing that, in addition to a poll provided for under section 6(1) or section 8—

(a) in one or more constituencies, an advance poll may be taken on the day before the day appointed by the Minister under section 6(1) or section 8, and

(b) a poll referred to in paragraph (a) shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.

(2) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

(4) In this section—

‘pandemic’ means an outbreak of disease—

(a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

(b) which has been declared by the World Health Organisation to be a pandemic.”.

Chapter 4

Amendment of Act of 1997

Advance polling

176. The Act of 1997 is amended by the insertion of the following section after section 10:

“10A. (1) Notwithstanding section 10, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of An Coimisiún Toghcháin, make an order providing that, in addition to the poll provided for under section 10—

(a) in one or more constituencies, an advance poll may be taken on the day before the day appointed by the Minister under section 10, and

(b) a poll referred to in paragraph (a) shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.

(2) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

(4) In this section—

‘Covid-19’ means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 ) or any variant of the disease so specified as an infectious disease in those Regulations;

‘pandemic’ means an outbreak of disease—

(a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

(b) which has been declared by the World Health Organisation to be a pandemic.”.

Chapter 5

Amendment of Act of 2001

Advance polling

177. The Act of 2001 is amended by the insertion of the following section after section 26:

“26A. (1) Notwithstanding section 26, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of An Coimisiún Toghcháin, make an order providing that, in addition to the poll provided for under section 26—

(a) in one or more local authorities, an advance poll may be taken on the day before the day appointed by the Minister under section 26, and

(b) a poll referred to in paragraph (a) shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.

(2) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

(3) In this section—

‘Covid-19’ means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 ) or any variant of the disease so specified as an infectious disease in those Regulations;

‘pandemic’ means an outbreak of disease—

(a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

(b) which has been declared by the World Health Organisation to be a pandemic.”.

Chapter 6

Amendment of Local Elections Regulations 1995

Advance polling

178. The Local Elections Regulations 1995 are amended by the insertion of the following article after article 50:

“50A. The returning officer in a local authority to which an order under section 26A(1) of the Local Government Act 2001 applies shall give public notice of the day on which, and the hours during which, the advance poll provided for by that order shall be taken.”.

PART 8

Polling on Islands

Amendment of Act of 1992

200. The Act of 1992 is amended—

(a) in section 86—

(i) by the deletion of “, other than a poll taken on a day specified under section 85,”, and

(ii) in paragraph (a), by the insertion of—

(I) “sudden onset of” before “stress of weather”, and

(II) “unforeseen” before “transport difficulties”,

(b) in section 96, by the insertion of the following subsections after subsection (1):

“(1A) Notwithstanding subsection (1)(b), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the returning officer for the constituency in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period fixed under subsection (1)(b), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.

(1B) A poll the subject of an order under subsection (1A) shall continue on the island for not less than 4 hours.

(1C) Where an order is made under subsection (1A), the returning officer for the constituency in which the island is situated shall, as soon as may be after it is made, give public notice in the polling district in which the island is situated stating the day appointed under subsection (1)(a) on which, and the period shortened by the order under subsection (1A) during which, the poll shall be taken on the island.

(1D) In subsection (1A), ‘local circumstances’ includes:

(a) the number of Dáil electors on the island;

(b) the distance between a polling station on the island and the place appointed for the counting of votes under section 112;

(d) foreseen transport difficulties.”,

(d) in section 114, by the substitution of the following subsection for subsection (2):

“(2) (a) The ballot papers extracted by the returning officer from each ballot box shall be counted and their total number shall be compared with the number shown in the appropriate ballot paper account.

(b) Where ballot boxes from a polling station situated on an island have not reached the place appointed for the counting of votes under section 112 at or before the time specified in subsection (1) due to stress of weather or transport difficulties, the returning officer shall, in respect of the other ballot boxes, proceed in accordance with subsections (1) and (1A), and paragraph (a).

(c) When all the ballot boxes, including all those from polling stations situated on an island, have reached the place appointed for the counting of votes and been dealt with in accordance with subsections (1) and (1A), and paragraph (a), the returning officer shall prepare a statement showing the result of the comparison referred to in paragraph (a) in respect of all the ballot boxes and he or she shall, on request allow the agent of any candidate to copy the statement.”.

Amendment of Act of 1993

201. The Act of 1993 is amended—

(a) in section 3(3), by the deletion of paragraph (h),

(b) in section 7—

(i) by renumbering the existing section as subsection (1), and

(ii) by the insertion of the following subsections after subsection (1):

“(2) Notwithstanding subsection (1)(b), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the local returning officer for the constituency in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period referred to in subsection (1)(b), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.

(3) A poll the subject of an order under subsection (2) shall continue on the island for not less than 4 hours.

(4) Where an order is made under subsection (2), the local returning officer for the constituency in which the island is situated shall, as soon as may be after it is made, give public notice in the polling district in which the island is situated stating the day appointed by the presidential election order on which, and the period shortened by the order under subsection (2) during which, the poll shall be taken on the island.

(5) An order made under subsection (2) shall be published in Iris Oifigiúil as soon as may be after it is made.

(6) In subsection (2), ‘local circumstances’ includes:

(a) the number of presidential electors on the island;

(b) the distance between a polling station on the island and the place appointed for the counting of votes under section 112 of the Act of 1992;

(d) foreseen transport difficulties.”,

and

Amendment of Act of 1994

202. The Act of 1994 is amended—

(a) in section 2(3), by the deletion of paragraph (l),

(b) in section 13—

(i) by renumbering the existing section as subsection (1), and

(ii) by the insertion of the following subsections after subsection (1):

(3) A poll the subject of an order under subsection (2) shall continue on the island for not less than 4 hours.

(4) Where an order is made under subsection (2) the local returning officer for the constituency in which the island is situated shall, as soon as may be after it is made, give public notice in the polling district in which the island is situated stating the day appointed under section 10 or 12 on which, and the period shortened by the order under subsection (2) during which, the poll shall be taken on the island.

(5) An order made under subsection (2) shall be published in Iris Oifigiúil as soon as may be after it is made.

(6) In subsection (2), ‘local circumstances’ includes:

(a) the number of presidential electors on the island;

(b) the distance between a polling station on the island and the place appointed for the counting of votes under section 112 of the Act of 1992;

(d) foreseen transport difficulties.”,

and

Amendment of Local Elections Regulations 1995

203. (1) Article 49 of the Local Elections Regulations 1995 is amended—

(a) by the deletion of sub-articles (1) and (2),

(b) in sub-article (3)—

(i) by the insertion of “at an election” after “Where a poll is to be taken”,

(ii) in paragraph (a), by the insertion of—

(I) “sudden onset of” before “stress of weather”, and

(II) “unforeseen” before “transport difficulties”,

and

(2) Article 50 of the Local Elections Regulations 1995 is amended—

(a) by renumbering the existing article as sub-article (1), and

(b) by the insertion of the following sub-article after sub-article (1):

“(2) Where an order is made under section 26(2A) of the Local Government Act 2001 , the returning officer for the election in the local electoral area in which the island is situated shall give public notice in the polling district in which the island is situated stating the day fixed under section 26(2) of that Act on which, and the period shortened by the order under section 26(2A) of that Act during which, the poll shall be taken on the island.”.

(3) Article 76 of the Local Elections Regulations 1995 is amended by the substitution of the following sub-article for sub-article (3):

“(3) (a) The ballot papers extracted by the returning officer from each ballot box shall be counted and their total number shall be compared with the number shown in the appropriate ballot paper account.

(b) Where ballot boxes from a polling station situated on an island have not reached the place appointed for the counting of votes under article 74(2) at or before the time specified in article 74(1), due to stress of weather or transport difficulties, the returning officer shall, in respect of the other ballot boxes, proceed in accordance with sub-articles (1), (1A), (2) and paragraph (a).

(c) When all the ballot boxes, including all those from polling stations situated on an island, have reached the place appointed for the counting of votes under article 74(2) and been dealt with in accordance with sub-articles (1), (1A), (2) and paragraph (a), the returning officer shall prepare a statement showing the result of the comparison referred to in paragraph (a) in respect of all the ballot boxes and shall include particulars of the ballot papers, if any, transmitted to the said officer pursuant to sub-article (2) and the returning officer shall, on request, allow the agent of any candidate to copy the statement.”.

Amendment of Act of 2001

204. Section 26 of the Act of 2001 is amended by the insertion of the following subsections after subsection (2):

“(2A) Notwithstanding subsection (2), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the returning officer (within the meaning of the Local Elections Regulations 1995) for the election in the local electoral area in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period fixed by the Minister by order under subsection (2), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.

(2B) A poll the subject of an order under subsection (2A) shall continue on the island for not less than 4 hours.

(2C) In subsection (2A), ‘local circumstances’ includes:

(a) the number of local government electors on the island;

(b) the distance between a polling station on the island and the place appointed for the counting of votes under article 74(2) of the Local Elections Regulations 1995;

(d) foreseen transport difficulties.”.

Amendment of Act of 1997

205. The Act of 1997 is amended—

(a) in section 10, by the insertion of the following subsections after subsection (1):

“(1A) Notwithstanding subsection (1)(b), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the returning officer for the constituency in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period appointed by the Minister by order under subsection (1)(b), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.

(1B) A poll the subject of an order under subsection (1A) shall continue on the island for not less than 4 hours.

(1C) In subsection (1A), ‘local circumstances’ includes:

(a) the number of European electors on the island;

(b) the distance between a polling station on the island and the place appointed for the verification of ballot paper accounts under rule 73(2) of the Second Schedule;

(d) foreseen transport difficulties.”,

and

(b) in the Second Schedule—

(i) in rule 48—

(I) by the deletion of paragraphs (1) and (2),

(II) in paragraph (3), by the insertion of “at a European election” after “Where a poll is to be taken”,

(III) in paragraph (3)(a), by the insertion of—

(A) “sudden onset of” before “stress of weather”, and

(B) “unforeseen” before “transport difficulties”,

and

(IV) by the deletion of paragraph (4),

(ii) in rule 49—

(I) by renumbering the existing rule as paragraph (1), and

(II) by the insertion of the following paragraph after paragraph (1):

“(2) Where an order is made under section 10(1A) the returning officer for the constituency in which the island is situated shall, as soon as may be after it is made, give public notice in the polling district in which the island is situated stating the day appointed under section 10(1)(a) on which, and the period shortened by the order under section 10(1A) during which, the poll shall be taken on the island.”,

and

(iii) in rule 75—

(I) in paragraph (1), by the insertion of the following subparagraph after subparagraph (a):

“(aa) where ballot boxes from a polling station situated on an island have not reached the place appointed for the verification of ballot paper accounts under rule 73(2) before the time appointed under rule 73(1), due to stress of weather or transport difficulties, proceed in accordance with subparagraphs (a), (c) and (d) in respect of the other ballot boxes,”,

and

(II) in paragraph (1), by the substitution of the following subparagraph for subparagraph (b):

“(b) when all the ballot boxes, including all the ballot boxes from polling stations situated on an island, have been dealt with in accordance with subparagraphs (a), (c) and (d), prepare a statement showing the result of the comparison under subparagraph (a) in respect of all the ballot papers for the county or county borough for which he or she is the local returning officer,”.

Conduct of Elections

ELECTORAL ACT 1992 (as enacted)

Polling Districts and Polling Places

Interpretation (Part IV).

Polling districts and polling places.

Temporary arrangements with respect to certain polling districts.

Returning Officers

Returning officers and assistant, deputy and acting returning officers.

General duty of returning officer.

Payment of returning officers’ expenses.

Method of Election

The electoral system.

Manner of voting.

The Writ at a Dáil Election

Issue and return of writs.

Effect of dissolution of Dáil on certain writs.

Polling on Islands

Advance polling on islands.

Polling on islands; further provisions.

Arrangements for the Poll

Notice of the poll.

Ballot papers.

The official mark.

Ballot boxes.

Use of local elections ballot boxes etc.

Polling information cards.

Polling stations.

Presiding officers and poll clerks.

The Poll

Times of poll.

Opening of the poll.

Admission to polling station.

Voting by persons in the employment of returning officers.

Authorisation of physically ill or physically disabled elector to vote at another polling station.

Procedure for voting.

Spoilt ballot papers.

Voting by blind, incapacitated and illiterate electors.

Alleged personation.

Arrest of person committing personation.

Maintenance of order in polling station.

Obstruction of the poll.

Damage to polling stations.

Destruction etc. of ballot boxes or ballot papers.

Duties of presiding officer at close of poll.

Right to vote.

Arrangements for the Counting of the Votes

Attendance at the counting of the votes.

Preliminary proceedings.

Time for the counting of the votes.

Conduct of the counting of the votes.

Handling of ballot papers by candidates or agents.

Rules for the Counting of the Votes

Interpretation ( Part XIX ).

First count.

The quota.

Transfer of surplus.

Exclusion of candidate.

Transfer of votes.

Filling of last vacancies.

Recount.

Declaration of result of the poll.

Notice of result of election.

Decision of returning officer.

ELECTORAL (AMENDMENT) ACT 2004

Vote Recording and Electronic Vote Counting

Commission on Electronic Voting

Miscellaneous

Modification of Certain Provisions of Act of 1997

ELECTORAL REFORM ACT 2022

Advance polling during pandemic or Covid-19

Polling on Islands

Amendment of Act of 2001

Amendment of Act of 1997

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