Voters

Table of Contents

ELECTORAL ACT 1992 (as amended)

PART XIII

Postal Voting

Voting by post.

64.—A returning officer for a constituency shall, as soon as practicable after the adjournment of a Dáil election for the purpose of taking a poll, send to each Dáil elector whose name is on the postal voters list for the constituency a ballot paper and form of receipt in the form directed by the Minister, and if the ballot paper duly marked by the said elector and accompanied by the said receipt duly signed by him is received by the returning officer before the close of the poll, it shall be counted by him and treated for all purposes in the same manner as a ballot paper placed in a ballot box in the ordinary way at the taking of the poll.

Voting by electors referred to in section 12 .

65.—(1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to section 14 (c) subject to the following modifications—

(a) an elector whose name is so entered in the postal voters list, in order to cast his vote, shall, in the presence of an authorised person and no other person, do the following things in the following order—

(i) produce to the authorised person a ballot paper (in relation to which the authorised person shall satisfy himself that it is unmarked) and a form of declaration of identity in the form directed by the Minister;

(ii) complete and sign the said declaration of identity;

(iii) hand the declaration of identity to the authorised person who shall, if he is satisfied as to the identity of the person who has signed the declaration of identity, witness the signature;

(iv) mark, in secret, his ballot paper;

(v) place the marked ballot paper in the ballot paper envelope and effectually seal such envelope;

(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

(b) a reference to “receipt”, in relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”; and

(c) a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed”.

(2) In this section—

“authorised person” means a person appointed by the Secretary of the Department of Foreign Affairs to be an authorised person for the purposes of this section;

“ballot paper envelope” and “covering envelope” have the meanings specified in section 68 (3).

Form of ballot paper and receipt.

66.—(1) The ballot paper to be sent to postal voters shall be in the same form as, and indistinguishable from, the ballot papers delivered to other electors.

(2) The receipt sent with the ballot paper to postal voters shall be in the form directed by the Minister and shall have printed thereon the instructions to the voter.

Presence of agents.

67.—The returning officer, his assistants and clerks, members of the Garda Síochána on duty, the agents of the candidates appointed for this purpose under section 60 , and no other person, except with the permission of the returning officer, may be present at the proceedings on the issue of ballot papers and on the opening of the postal voters ballot boxes and the envelopes contained therein.

Issue of postal ballot papers.

68.—(1) The returning officer shall give each candidate at least twenty four hours’ notice in writing of the time and place at which, if the election is contested, he will issue the ballot papers to postal voters and of the number of persons each candidate may appoint to attend the said issue and, where any subsequent issue of ballot papers is made, the returning officer shall give each candidate, as soon as practicable, notice of the time and place at which he will make such subsequent issue and of the number of persons each candidate may appoint to attend such issue.

(2) Each ballot paper issued shall be marked with an official mark which shall be embossed or perforated so as to be visible on both sides of the paper, and the number (including polling district letter) and name of the elector as stated in the postal voters list shall be called out, and a mark shall be placed in a copy of the postal voters list opposite the number of the elector to denote that a ballot paper has been issued to the elector, but without showing the number of the ballot paper issued to him.

(3) The returning officer shall place in an envelope addressed to the postal voter—

(a) the ballot paper,

(b) the form of receipt,

(d) a smaller envelope marked “ballot paper envelope”,

and shall effectually close the first-mentioned envelope.

(4) All envelopes addressed to the postal voters shall be counted and forthwith delivered by the returning officer to the nearest head post office or such other office as may be arranged with the head postmaster; and the postmaster shall stamp with the date stamp of An Post a form of receipt to be presented by the returning officer, stating the number of envelopes so delivered, and shall immediately forward such envelopes for delivery to the persons to whom they are addressed.

(5) Where an envelope containing a ballot paper and other documents referred to in this section is, before polling day, returned to the returning officer as not having been delivered to a postal voter, the returning officer may readdress the envelope and send it by post to that voter.

Provision of postal voters ballot boxes.

69.—(1) The returning officer shall provide a ballot box or ballot boxes for the reception of the covering envelopes when returned by the postal voters.

(2) Every such ballot box shall, at the time of the issue of the postal ballot papers, be shown open and empty to the agents present, and shall be sealed with the seal of the returning officer and the seals of such of the agents as desire to affix their seals, and shall be marked “Postal Voters Ballot Box”, and with the name of the constituency, and the returning officer shall make provision for the safe custody of such ballot box.

Envelopes to be placed in postal voters ballot boxes.

70.—The returning officer shall, immediately on receipt of covering envelopes, place them unopened in a postal voters ballot box.

Envelopes to be treated as covering envelopes.

71.—If the returning officer receives, before the close of the poll, an envelope other than a covering envelope and finds therein any document which it would have been appropriate to send to him in a covering envelope, he shall—

(a) securely close the envelope;

(b) endorse thereon, and sign, a statement that the envelope has been closed by him with the contents intact;

(d) thereafter treat the envelope as a covering envelope;

and any reference in this Part to a covering envelope shall be construed as including a reference to an envelope which has been dealt with by the returning officer in accordance with this section.

Procedure at close of poll.

72.—At the hour fixed for the closing of the poll the returning officer shall either—

(a) seal each postal voters ballot box so that no further papers can be inserted therein, or

(b) forthwith open each such box and extract and deal with the contents thereof in accordance with section 73 .

Opening of postal voters ballot boxes.

73.—(1) The postal voters ballot boxes shall be opened by the returning officer, in the presence of the agents, if any, before the time fixed for the counting of the votes.

(2) Not less than 4 days before the polling day, the returning officer shall give each candidate notice in writing of the time and place at which he will proceed to open the postal voters ballot boxes, and the envelopes contained therein, and of the number of agents each candidate may appoint to be present at the opening. The returning officer shall give the said agents reasonable facilities for overseeing the proceedings at the opening of the boxes and all information with respect thereto which he can give them consistent with the orderly conduct of the proceedings and the performance of his functions.

(3) When a postal voters ballot box has been opened, the returning officer shall extract the covering envelopes therefrom and count and note the number of envelopes so extracted, and shall then open each covering envelope separately and examine the receipt.

(4) If the receipt is found to be duly signed, he shall place the receipt and the ballot paper envelope in separate receptacles or, if the ballot paper is not contained in a ballot paper envelope, he shall place the receipt in the appropriate receptacle and shall place the ballot paper, without unfolding it, in a ballot box in accordance with section 75 .

(5) If he is not satisfied that the receipt has been duly signed, he shall endorse the receipt “rejected” and shall attach thereto the ballot paper envelope, without opening such envelope, or, if there is no such envelope, the ballot paper.

(6) Where a receipt does not appear to accompany the ballot paper envelope, the returning officer shall open the envelope, and if it is found to contain the receipt, he shall deal with such receipt and ballot paper in accordance with this Part.

(7) Any receipt not accompanied by a ballot paper, and any ballot paper not accompanied by a receipt, shall be marked “rejected”.

(8) Where a ballot paper and receipt are received together, the ballot paper shall not be rejected solely on the ground that the ballot paper and receipt were, or either of them was, not placed in the proper envelopes or envelope or that any such envelope was not closed.

Rejected receipts.

74.—(1) The returning officer shall on a request being made by the agent of a candidate show to the agent any receipt which he is rejecting on the ground that it has not been duly signed.

(2) The returning officer shall keep all rejected receipts with the attached envelopes or ballot papers, as the case may be, separate from all other documents.

Ballot papers to be placed in ballot boxes.

75.—When the covering envelopes in any postal voters ballot box have been opened and their contents dealt with under the two preceding sections, the returning officer shall open each unopened ballot paper envelope (other than the ballot paper envelopes referred to in section 73 (5)) and place the ballot paper, without unfolding it, in a ballot box previously shown open and empty to the agents present and sealed with the seal of the returning officer and the seals of such of the agents as desire to affix their seals, which box shall be subsequently treated as a ballot box for the purposes of section 114 .

Duties of returning officer in relation to documents relating to postal voters.

76.—(1) The returning officer, as soon as may be practicable after the completion of the issue of the postal ballot papers and in the presence of the agents of the candidates, if any, shall make up in separate packets, sealed with his own seal and sealed by such of the agents as desire to affix their seals, the marked copy of the postal voters list and the counterfoils of the ballot papers: provided that where any subsequent issue of ballot papers is made, the sealed packet containing the marked copy of the postal voters list may be opened by the returning officer for the purposes of that issue, and on completion of that issue, the list and the counterfoils of the ballot papersat that issue shall be made up and sealed in accordance with this section.

(2) As soon as the returning officer has completed the placing of the ballot papers in the ballot box mentioned in section 75 he shall seal up in separate packets—

(a) the receipts which accompanied any ballot papers duly accepted;

(b) any rejected receipts, with envelopes, if any, attached; and

(3) Where covering envelopes are received by the returning officer after the close of the poll, or where any envelopes addressed to postal voters are returned as undelivered, the returning officer shall not open such envelopes and shall, subject to his power of readdressing such envelopes pursuant to section 68 (5), seal such envelopes up into separate packets.

(4) The returning officer shall endorse on each packet mentioned in subsections (1), (2) and (3) a description of its contents, and the name of the constituency and the date of the polling day at the election to which such contents relate.

(5) The returning officer shall forward to the Clerk of the Dáil at the same time as he forwards the documents mentioned in section 129 —

(a) the packets referred to in the foregoing provisions of this section, and

(b) a statement in such form as may be directed by the Minister showing the number of ballot papers sent to postal voters, and giving with respect to such papers the particulars required by the form.

(6) Any envelopes returned as undelivered and any covering envelopes received by the returning officer after the said packets have been forwarded to the Clerk of the Dáil shall not be opened and shall be forwarded to the Clerk of the Dáil.

Definition of agent.

77.—In this Part “agent” includes the election agent of a candidate and any person appointed by or on behalf of a candidate to be present at the issue of ballot papers to postal voters or the opening of postal voters ballot boxes.

PART XIV

Voting by Special Voters

Interpretation ( Part XIV ).

78.—In this Part—

“ballot paper envelope” has the meaning specified in section 81 (c);

“covering envelope” has the meaning specified in section 81 (d);

“special presiding officer” means a person appointed to be a special presiding officer pursuant to section 80 .

Voting by special voters.

79.—A Dáil elector whose name is, at the time of a Dáil election, entered in the special voters list for a constituency shall be entitled to vote in that constituency at the poll at the election in accordance with the provisions of section 82 and shall not be entitled to vote in any other manner.

Special presiding officers.

80.—(1) The returning officer shall, as circumstances may require, for the purposes of this Part appoint one, or more than one, person to be a special presiding officer to carry out the functions conferred on a special presiding officer by this Part.

(2) The provisions of this Act relating to the powers, rights and duties of a presiding officer appointed for a polling station at an election shall apply to a special presiding officer appointed under this section as if he were a presiding officer so appointed and as if the place where the special voter is casting his vote were a polling station at an election.

(3) The returning officer may perform all or any of the functions of a special presiding officer appointed under this section and the provisions of subsection (2) shall apply to the returning officer while he is so performing.

(4) The provisions of section 103 relating to the right of an elector to request that his ballot paper be marked for him by a companion shall not apply in relation to a special voter.

Ballot paper etc. for special voters.

81.—As soon as practicable after the adjournment of the Dáil election for the purpose of taking a poll the returning officer shall cause to be delivered pursuant to section 82 to every special voter entitled to vote at that election, the following—

(a) a ballot paper for the election;

(b) a form of declaration of identity in the form directed by the Minister;

(d) an envelope addressed to the returning officer (in this Part referred to as a “covering envelope”).

Method of voting by special voters.

82.—(1) At a Dáil election, a special presiding officer shall, in the presence of a member of the Garda Síochána, deliver to the special voter the form of declaration of identity referred to in section 81 .

(2) No person other than the special presiding officer and the member of the Garda Síochána shall be present when the special voter is voting pursuant to this section.

(3) The special voter shall complete the declaration of identity and shall sign it or, if he is unable to write, place his mark thereon and the said signature, or as the case may be mark, shall be witnessed by the special presiding officer.

(4) The special presiding officer shall, on being satisfied as to the identity of the special voter, mark a ballot paper with the official mark and deliver it to the special voter together with a ballot paper envelope.

(5) The special presiding officer shall, as soon as he has given the ballot paper and the ballot paper envelope to the special voter, place a mark against the name of the special voter concerned on a copy of the special voters list to denote that a ballot paper has been issued to such voter but without showing the number of the ballot paper so issued.

(6) The special voter shall thereupon record in secret his vote upon the ballot paper and, when he has so recorded his vote, shall fold the ballot paper so that his vote is concealed and place the ballot paper, so folded, in the ballot paper envelope and seal the envelope and hand the ballot paper envelope to the special presiding officer.

(7) The special presiding officer shall, as soon as he has received the ballot paper envelope, place it together with the completed declaration of identity in a covering envelope which he shall thereupon seal and to which he shall affix a label in the form directed by the Minister signed by himself and the member of the Garda Síochána.

Duties of special presiding officer in relation to covering envelopes and other documents.

83.—(1) The special presiding officer shall, before the time fixed for the close of the poll at the Dáil election, deliver to the returning officer every covering envelope referred to in section 82 (7).

(2) On the completion of voting by special voters, each special presiding officer shall seal up, in separate packets—

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

(b) the counterfoils of the ballot papers;

(d) a ballot paper account in such form as may be directed by the Minister completed by him;

(e) the marking instrument, any unused stationery and any other documents or materials in his possession which relate to voting by special voters at the election;

and he shall deliver all such packets to the returning officer.

Duties of returning officer in relation to documents relating to special voters.

84.—(1) The returning officer shall deal with the packets delivered to him by a special presiding officer pursuant to section 83 in the same manner as he would deal, in accordance with the provisions of this Act, with other packets containing similar documents and materials relating to a Dáil election.

(2) The returning officer shall place the covering envelopes returned to him by a special presiding officer pursuant to section 83 , in the postal voters ballot box referred to in section 69 and the covering envelopes and the documents therein shall thereafter be treated as if they were envelopes and documents returned to the returning officer by postal voters and the provisions of sections 73 , 74 , 75 and 76 shall apply to such envelopes and documents.

(3) In the application of the provisions of this Act relating to postal voters to special voters—

(a) a reference to “receipt” shall, in relation to documents appropriate to special voters, be construed as a reference to “declaration of identity”, and

(b) a reference to “receipt duly signed” in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed”, and

(c) if the covering envelope does not have the label referred to in section 82 attached thereto or if such label is not duly signed by the special presiding officer and the member of the Garda Síochána, the returning officer shall reject the covering envelope and deal with it as if it were a receipt which had not been duly signed.

ELECTORAL (AMENDMENT) ACT 2006

REVISED

Updated to 13 October 2022

AN ACT TO PROVIDE FOR POSTAL VOTING AT ELECTIONS AND REFERENDUMS BY PERSONS WHO ARE IMPRISONED IN THE STATE AND WHO ARE ELIGIBLE TO VOTE AT ELECTIONS AND REFERENDUMS; TO AMEND THE PRESIDENTIAL ELECTIONS ACT 1993, THE EUROPEAN PARLIAMENT ELECTIONS ACT 1997 AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.

[11th December, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1
Reference to “elector” under collectively cited Presidential Elections Acts and reference to “presidential elector” under collectively cited Presidential Elections Acts and Referendum Acts construed (11.12.1992) by Electoral Act 1992 (23/1992), s. 7(2) and (3), S.I. No. 386 of 1992, art. 3(b).

Registration of presidential electors.

7.—(1) A person shall be entitled to be registered as a presidential elector in a constituency if he has reached the age of eighteen years and if he was, on the qualifying date—

(a) a citizen of Ireland, and

(b) ordinarily resident in that constituency.

(2) For the purposes of—

(i) the Presidential Elections Acts, 1937 to 1992,

(ii) the Referendum Acts, 1942 to 1992, and

(iii) this Act,

“presidential elector” means a person entitled to vote at an election of a person to the office of President of Ireland.

(3) In the Presidential Elections Acts, 1937 to 1992 “elector”, when used alone, means a person described in subsection (1).

C2
Time at which person attains a particular age for the purpose of collectively cited Seanad Electoral (Panel Members) Acts provided (1.03.1985) by Age of Majority Act 1985 (2/1985), s. 4, commenced on enactment.

Time at which person attains a particular age.

4.—(1) Subject to subsection (3), the time at which a person attains a particular age expressed in years shall, for the purposes of any rule of law or of any statutory provision, deed, will or other instrument, be the commencement of the relevant anniversary of the date of his birth.

(2) Subsection (1) applies only where the relevant anniversary falls on a date after that on which this Act comes into operation, and, in relation to any statutory provision, deed, will or other instrument, has effect subject to any provision therein.

(3) (a) The date on which a person attains the age of eighteen years shall, for the purposes of any statutory provision to which this subsection applies, be calculated in the same manner as it is calculated for the purpose of determining whether a person has the right to vote at an election for members of Dáil Éireann.

(b) This subsection applies to—

(i) the Electoral Acts, 1923 to 1983,

(ii) the Presidential Elections Acts, 1937 to 1973,

(iii) the Seanad Electoral (University Members) Acts, 1937 to 1973,

(iv) the Referendum Acts, 1942 to 1984,

(v) the Local Elections Acts, 1963 to 1974, and

(vi) the European Assembly Elections Acts, 1977 and 1984.

Editorial Notes:

E1
Previous affecting provision: ministerial power to make adaptations or modifications to collectively cited Acts granted (1.11.2001) by Electoral (Amendment) Act 2001 (38/2001), s. 48(1) and (3), S.I. No. 497 of 2001; repealed (19.05.2004) by Electoral (Amendment) Act 2004 (15/2004), s. 3, S.I. No. 215 of 2004.

E2
Previous affecting provision: provisions of collectively cited Referendum Acts adapted and modified (22.05.1992) by Referendum (Special Difficulty) Order 1992 (S.I. No. 128 of 1992), arts. (3) and (4), for purposes of Eleventh Amendment of the Constitution Bill 1992.

Interpretation.

1.— In this Act—

“Act of 1992” means the Electoral Act 1992;

“constitutional referendum” means a referendum on a proposal for the amendment of the Constitution;

“Minister” means the Minister for the Environment, Heritage and Local Government;

“ordinary referendum” means a referendum on a proposal other than a proposal for the amendment of the Constitution;

F1[“prison” means a place to which the Prisons Acts 1826 to 2015 apply;]

“referendum” means a constitutional referendum or an ordinary referendum;

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

“relevant official”, in relation to a prison, means the governor or other person in charge of the prison or any person employed in the prison who is authorised by the said governor or other person in charge to perform any function expressed by this Act, other than this section, to be performable by such an official.

Annotations

Amendments:

F1
Substituted (7.04.2017) by Prisons Act 2015 (57/2015), s. 19, S.I. No. 134 of 2017.

Section 2

Entry of names in postal voters list.

2.— (1) The registration authority shall enter in the postal voters list the name of every elector who—

F2[(a) applies, subject to section 14(2) of the Act of 1992, to be so entered,]

(b) satisfies the registration authority that the circumstances of the elector’s detention in prison, pursuant to an order of a court, are such as to render it likely that he or she will be unable to go in person on polling day to vote at the polling place for the polling district, and

(c) satisfies the registration authority that he or she was ordinarily resident in the State prior to his or her detention in prison.

(2) For the purposes of—

(a) determining in which of the postal voters lists (for the various constituencies in the State) his or her name shall be entered, and

(b) otherwise for the purposes of this section (other than subsection (1) (c) ),

a person to whom this section applies shall be deemed to be ordinarily resident in the place where he or she would have been residing but for his or her detention in prison.

Annotations

Amendments:

F2
Substituted (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 111, S.I. No. 512 of 2022.

Section 3

Application to be entered in postal voters list.

3.— (1) The following provisions shall apply in relation to an application to be entered in the postal voters list pursuant to section 2 :

(a) the application shall be in the form directed by the Minister;

(b) the application shall be signed by the applicant or, if the applicant is unable to write, he or she shall place his or her mark on the application form and, in either case, the form shall be completed in accordance with the instructions provided thereon;

F3[(c) the application form, duly completed and accompanied by the certificate referred to in subsection (2), shall be handed to the relevant official who shall send it or cause it to be sent to the registration authority, and where polling day has been appointed in respect of a particular election or referendum, or both, shall be sent so as to be received by the authority before the dates specified in section 14(2) of the Act of 1992.]

(2) The certificate referred to in subsection (1) (c) is a certificate, in the form directed by the Minister, under the hand of the relevant official of the prison concerned stating that the applicant is a person who is detained in prison pursuant to an order of a court and the circumstances of the elector’s detention are such as to render it likely that he or she will be unable to go in person on polling day to vote at the polling place for the polling district.

Annotations

Amendments:

F3
Substituted (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 112, S.I. No. 512 of 2022.

Section 4

Applicant to provide information or documents.

4.— (1) A person making an application to be entered in the postal voters list pursuant to section 2 shall furnish to the registration authority any information or documents in the applicant’s possession or procurement which the authority may require for the purposes of—

(a) satisfying itself that the applicant is a person to whom section 2 applies, or

(b) determining the place where he or she would have been residing but for his or her detention in prison.

(2) If a registration authority makes a requirement pursuant to subsection (1) , it may specify in the requirement or in a subsequent notice given by it in relation to the requirement the period of time within which the requirement shall be complied with and, if the applicant does not comply within the period so specified, the application referred to in subsection (1) shall be deemed to have been withdrawn.

(3) The period of time (if any) specified in the requirement or notice referred to in subsection (2) shall not be less than 7 days from the day on which the requirement is made or the notice is given, as the case may be.

Section 5

Notices and application forms.

5.— (1) F4[The registration authority shall arrange, at least on an annual basis, for the giving of public notice of—]

(a) the category of electors entitled to apply to be entered in the postal voters list pursuant to section 2 ,

(b) the manner in which, and the time before which, applications under that section must be submitted, and

(2) The registration authority shall arrange for the provision of application forms referred to in subsection (1) at such times and places as are specified in a notice pursuant to that subsection (and the places so specified shall include every prison situated in the area of the registration authority) and such an application form shall be supplied free of charge to any person who requests such a form.

Annotations

Amendments:

F4
Substituted (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 113, S.I. No. 512 of 2022.

Section 6

Consideration of applications.

6.— (1) Where the registration authority is satisfied that a person making an application under section 2 (the “applicant”)—

(a) is an elector to whom section 2 applies,

(b) has duly completed the application form referred to in section 3 , and

the registration authority shall—

(i) rule that the application is granted and mark the application form accordingly, and

(ii) notify the applicant of that ruling.

(2) Where the registration authority is not satisfied, as respects the applicant’s application with regard to the matters referred to in subsection (1) (a) , (b) and (c) , the registration authority shall—

(a) rule that the application is refused and mark the application form accordingly, and

(b) notify the applicant of that ruling and of the reason therefor.

(3) Subject to subsection (4) , whenever an application is received by the registration authority after the date specified in section 2 (1) (a) , the application shall be disregarded and the applicant shall be notified accordingly.

(4) An applicant may apply to be entered in the postal voters list in force at the date of coming into operation of this Act and, in this regard, the Minister may by order appoint—

(a) a date to be the latest date for receiving applications under section 2 in lieu of the date specified in paragraph (a) of subsection (1) of that section and section 3 (1) (c) , and

(b) a period within which the notice referred to in section 5 (1) shall be given in lieu of the period specified therein,

and subsection (3) shall be construed accordingly.

(5) The Minister may include in an order under subsection (4) a provision providing that—

(a) applicants who are duly entered in the postal voters list referred to in that subsection (“the first-mentioned list”) following an application in that behalf made before the date appointed by that order shall be deemed also to be so entered in the postal voters list which comes into force immediately following the first-mentioned list ceasing to be in force, or

(b) applicants who have applied for entry in the first-mentioned list before the date appointed by that order and whose applications are granted under this section shall, in lieu of being entered in the first-mentioned list, be duly entered in the postal voters list which comes into force immediately following the first-mentioned list ceasing to be in force.

F5[(6) Where an application to be entered in the postal voters list under section 2 is refused by the registration authority, the applicant may appeal in writing to the county registrar in accordance with Rule 39 of Part VIII of the Second Schedule to the Act of 1992.].

Annotations

Amendments:

F5
Substituted (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 114, S.I. No. 512 of 2022.

Editorial Notes:

E3
Power pursuant to subss. (4), (5)(b) exercised (5.01.2007) by Electoral (Amendment) Act 2006 Registration of Electors (Entry in Postal Voters List) Order 2007 (S.I. No. 1 of 2007).

Section 7

Voting by electors under this Act.

7.— (1) The provisions of Part XIII of the Act of 1992 shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors at a Dáil election whose names are entered in the postal voters list pursuant to this Act, subject to the following modifications:

(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in the presence of the relevant official of the prison in which he or she is detained do the following things in the following order:

(i) produce to the relevant official the envelope addressed to the elector pursuant to section 68 of that Act, the ballot paper (in relation to which the relevant official shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister;

(ii) complete and sign the declaration of identity;

(iii) hand the declaration of identity to the relevant official who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the prison and destroy the envelope addressed to the elector;

(iv) mark, in secret, the ballot paper;

(v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope;

(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

and shall hand the last-mentioned envelope to the relevant official who shall send it or cause it to be sent by post to the returning officer;

(b) a reference to “receipt”, in relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”;

(c) a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed and stamped with the stamp of the prison”; and

(d) a reference to “sign”, in relation to an elector who is unable to write, shall be construed as a reference to the making by the elector of his or her mark.

(2) The modifications of Part XIII of the Act of 1992 provided for in this section shall have effect in relation to the provisions of the said Part XIII as applied to presidential elections by section 40 of the Presidential Elections Act 1993, and to referendums by section 28 of the Referendum Act 1994.

(3) In this section—

“ballot paper envelope” has the meaning specified in section 68(3) of the Act of 1992;

“covering envelope” has the meaning specified in section 68(3) of the Act of 1992.

Section 8

Amendment of Second Schedule to European Parliament Elections Act 1997.

8.— The European Parliament Elections Act 1997 is amended by inserting the following Rule after Rule 29A (inserted by section 69 of the Electoral Act 1997) of the Second Schedule:

“Voting by electors referred to in section 2 of the Electoral (Amendment) Act 2006.

29B.— (1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to the Electoral (Amendment) Act 2006, subject to the following modifications:

(i) produce to the relevant official the envelope addressed to the elector pursuant to Rule 32(3), the ballot paper (in relation to which the relevant official shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister;

(ii) complete and sign the declaration of identity;

(iv) mark, in secret, the ballot paper;

(v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope;

(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

and shall hand the last-mentioned envelope to the relevant official who shall send it or cause it to be sent by post to the local returning officer;

(b) a reference to ‘receipt’, in relation to documents appropriate to such electors, shall be construed as a reference to ‘declaration of identity’;

(c) a reference to ‘receipt duly signed’, in relation to such documents, shall be construed as a reference to ‘declaration of identity duly signed and witnessed and stamped with the stamp of the prison’; and

(d) a reference to ‘sign’, in relation to an elector who is unable to write, shall be construed as a reference to the making by the elector of his or her mark.

(2) In this Rule—

‘ballot paper envelope’ has the meaning specified in Rule 32(3);

‘covering envelope’ has the meaning specified in Rule 32(3);

‘relevant official’ has the meaning specified in section 1 of the Electoral (Amendment) Act 2006.”.

Section 9

Amendment of Regulations of 1995.

9.— The Regulations of 1995 are amended by inserting the following Article after Article 30A (inserted by section 70 of the Electoral Act 1997):

“Voting by electors referred to in section 2 of the Electoral (Amendment) Act 2006.

30B.— (1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to the Electoral (Amendment) Act 2006, subject to the following modifications:

(i) produce to the relevant official the envelope addressed to the elector pursuant to Article 33(3), the ballot paper (in relation to which the relevant official shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister;

(ii) complete and sign the declaration of identity;

(iv) mark, in secret, the ballot paper;

(v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope;

(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

and shall hand the last-mentioned envelope to the relevant official who shall send it or cause it to be sent by post to the returning officer;

(b) a reference to ‘receipt’, in relation to documents appropriate to such electors, shall be construed as a reference to ‘declaration of identity’;

(d) a reference to ‘sign’, in relation to an elector who is unable to write, shall be construed as a reference to the making by the elector of his or her mark.

(2) In this Article—

‘ballot paper envelope’ has the meaning specified in Article 33(3);

‘covering envelope’ has the meaning specified in Article 33(3);

‘relevant official’ has the meaning specified in section 1 of the Electoral (Amendment) Act 2006.”.

Section 10

Amendment of section 15A of Act of 1992.

10.— Section 15A of the Act of 1992 (inserted by section 76 of the Electoral Act 1997) is amended—

(a) in subsection (1), by substituting “, in section 63 of the Electoral Act 1997 or in section 2 of the Electoral (Amendment) Act 2006” for “or in section 63 of the Electoral Act, 1997”;

(b) by inserting the following paragraph after paragraph (b) of subsection (2):

“(bb) The provisions of sections 3 , 4 , 5 (other than subsection (1) ) and 6 (other than subsections (3) , (4) , (5) and (6) ) of the Electoral (Amendment) Act 2006 shall apply to an application for entry in the supplement to the postal voters list under this section from an elector referred to in section 2 (but who has not complied with subsection (1) (a) of that section) of that Act as if:

(i) references to ‘postal voters list’ were references to ‘supplement to the postal voters list’;

(ii) references to ‘section 2 ’, other than those which occur in sections 4 (1) (a) and 6 (1) (a) , were references to this section;

(iii) in section 3 (1) (c) , ‘to the registration authority’ were substituted for ‘so as to be received by the registration authority not later than the last date for making claims for corrections in the draft register’; and

(iv) in section 5 (2) , ‘section 3 ’ were substituted for ‘subsection (1) at such times and places as are specified in a notice pursuant to that subsection (and the places so specified shall include every prison situated in the area of the registration authority)’.”.

Section 11

Amendment of Rule 1 of Second Schedule to Act of 1992.

11.— (1) The Table to Rule 1(4) of the Second Schedule to the Act of 1992 is amended as respects, and only as respects, the preparation of the register of electors which comes into force immediately following the register in force at the date of coming into operation of this Act, by substituting—

(a) in paragraph 7, “9th December” for “25th November”,

(b) in paragraph 8, “12th December” for “30th November”, and

(2) In this section “preparation”, in relation to the register of electors, includes any relevant act in relation to the register mentioned in the Table to Rule 1(4) of the Second Schedule to the Act of 1992.

(3) This section shall be deemed to have come into operation on 25 November 2006.

Section 12

Amendment of Rule 14A of Second Schedule to Act of 1992.

12.— Rule 14A of the Second Schedule to the Act of 1992 (inserted by section 1 of the Electoral (Amendment) Act 2002) is amended—

(a) in paragraph (1), by substituting “Subject to paragraphs (2) and (2A),” for “Subject to paragraph (2),”, and

(b) by inserting the following paragraphs after paragraph (2):

“(2A) The following provisions shall apply in relation to an application to be entered in the supplement to the register of electors by an elector who is detained in prison pursuant to an order of a court:

(a) the application shall be in the form directed by the Minister;

(c) the application form, duly completed and accompanied by the certificate referred to in paragraph (2B), shall be handed to the relevant official (within the meaning of section 1 of the Electoral (Amendment) Act 2006) who shall send it or cause it to be sent by post to the registration authority.

(2B) The certificate referred to in subparagraph (c) of paragraph (2A) is a certificate, in the form directed by the Minister, under the hand of the relevant official of the prison concerned stating that he or she is satisfied as to the identity of the applicant.”.

Section 13

Amendment of section 22 of Seanad Electoral (University Members) Act 1937.

13.— Section 22 of the Seanad Electoral (University Members) Act 1937 is amended by inserting the following subsection after subsection (3):

“(4) In this section—

the word ‘prison’ has the meaning assigned to it in section 1 of the Electoral (Amendment) Act 2006;

the expression ‘relevant official’ has the meaning assigned to it in section 1 of the Electoral (Amendment) Act 2006;

the expression ‘returning by post’ includes, in the case of an elector who is detained in prison pursuant to an order of a court, the return by the relevant official, or by a person acting under the relevant official’s direction, of the documents referred to in subsection (1) on behalf of the elector concerned.”.

Section 14 (I) (II) (I) (II)

Amendment of Seanad Electoral (Panel Members) Act 1947.

14.— The Seanad Electoral (Panel Members) Act 1947 is amended—

(a) in section 2—

(i) by inserting the following definition after that of “prescribed”:

“the word ‘prison’ has the meaning assigned to it in section 1 of the Electoral (Amendment) Act 2006;”,

and

(ii) by inserting the following definition after that of “the register of nominating bodies”:

“the expression ‘relevant official’ has the meaning assigned to it in section 1 of the Electoral (Amendment) Act 2006;”,

(b) in section 51, by inserting the following subsection after subsection (3):

“(4) In this section the expression ‘returning by registered post’ includes, in the case of an elector who is detained in prison pursuant to an order of a court, the return by the relevant official, or by a person acting under the relevant official’s direction, of the documents referred to in subsection (1) on behalf of the elector concerned.”,

“(2) In this section the expression ‘returning by registered or ordinary post’ includes, in the case of an elector who is detained in prison pursuant to an order of a court, the return by the relevant official, or by a person acting under the relevant official’s direction, of the documents referred to in subsection (1) on behalf of the elector concerned.”,

and

(d) in the First Schedule—

(i) in paragraph (1) of Rule 8—

(I) in subparagraph (b), by substituting “elector,” for “elector.”, and

(II) by inserting the following subparagraph after subparagraph (b):

“(c) where the authorised person referred to in subparagraph (b) is the relevant official, he, on being handed the covering envelope, shall affix thereto in the prescribed manner a label in the prescribed form and, if he is satisfied that it is proper to sign the certificate appearing on the label, shall sign that certificate and send the covering envelope or cause it to be sent by registered post to the Seanad returning officer.”,

(ii) in paragraph (2) of Rule 8—

(I) in subparagraph (f), by substituting “nominate,” for “nominate.”, and

(II) by inserting the following subparagraph after subparagraph (f):

“(g) in case the elector is an elector who is detained in prison pursuant to an order of a court, the relevant official of the prison where he or she is detained.”.

Section 15

Alternative voting arrangements under this Act.

15.— (1) Where an elector’s name is entered in the postal voters list pursuant to this Act the elector may give notice in writing to the registration authority—

(a) on or before the second day after the dissolution of the Dáil at a general election, or

(b) on or before the second day after the date of the making of the order appointing polling day at a Dáil bye-election, or a Presidential, European or local election, or a referendum,

requesting that his or her name be deleted from the postal voters list and the registration authority shall comply with that request.

(2) Notwithstanding the provisions of subsection (1) , where a request by an elector to have his or her name deleted from the postal voters list is received after the relevant date referred to in paragraph (a) or (b) of that subsection in relation to an election or a referendum but before the relevant date referred to in either paragraph (a) or (b) in relation to another election or referendum, the poll at which is to be held on the same day, the relevant date for the second or subsequent election or referendum shall apply to a request received under either of the said paragraphs in connection with the elections or referendums.

(3) Where—

(a) an elector’s name is entered in the postal voters list pursuant to this Act and the elector is discharged from the prison in which he or she has been detained before polling day at an election or a referendum in circumstances where the elector has not given notice in accordance with subsection (1) , and

(b) the envelope in respect of the elector containing a ballot paper and the other documents referred to in section 68 of the Act of 1992, Rule 32 of the Second Schedule to the European Parliament Elections Act 1997 or Article 33 of the Regulations of 1995, as the case may be, is returned before that polling day by the relevant official of the prison as a ballot paper and documents that have not been delivered to a person whose name has been entered in the postal voters list pursuant to this Act,

then the returning officer may re-address the envelope and send it by post to the elector concerned at his or her address.

(4) The relevant official of a prison may re-address an envelope containing a ballot paper and the other documents referred to in section 68 of the Act of 1992, Rule 32 of the Second Schedule to the European Parliament Elections Act 1997 or Article 33 of the Regulations of 1995, as the case may be, and send it by post to another prison where the elector concerned is detained or, as the case may be, to the returning officer if the elector is no longer detained in any prison.

(5) In a case to which subsection (3) applies, the elector concerned shall be deemed to be a postal voter for the purposes of Part VII of the Electoral Act 1997, and section 68 of that Act, Rule 29A of the Second Schedule to the European Parliament Elections Act 1997 or Article 30A of the Regulations of 1995, as the case may be, shall accordingly apply to voting by the elector.

Section 16

Amendment of section 6 of European Parliament Elections Act 1997.

16.— Section 6 of the European Parliament Elections Act 1997 is amended by inserting the following subsection after subsection (1):

“(1A) It shall be lawful for a member of the Garda Síochána or an official of the registration authority to take and receive a statutory declaration referred to in subsection (1).”.

Section 17

Amendment of Articles 83, 84, 89 and 90 of Regulations of 1995.

17.— The Regulations of 1995 are amended—

(a) in Article 83, by substituting the following subarticle for subarticle (8):

“(8) The returning officer shall not 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.”,

(b) in Article 84, by substituting the following subarticle for subarticle (2):

“(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.”,

(d) in Article 90(3)—

(i) by substituting “transfer of votes and” for “transfer of votes,”, and

(ii) by substituting “place.” for “place, and the order in which the candidates were elected.”.

Section 18

Amendment of Presidential Elections Act 1993.

18.— The Presidential Elections Act 1993 is amended—

(a) in section 20, by substituting “3 p.m.” for “12 noon”, and

(b) in section 51(2), by substituting for “operation.” the following:

“operation, 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) could not result in a number of votes exceeding one quarter of the quota being credited to any such candidate.”.

Section 19
List relating to draft register and register in force.

19.— F6[…]

Annotations

Amendments:

F6
Repealed (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 4(2), S.I. No. 512 of 2022.

Editorial Notes:

E4
Previous affecting provision: section amended (25.05.2018) by Data Protection Act 2018 (7/2018), s. 205, S.I. No. 174 of 2018; section repealed as per F-note above.

Section 20

Short title, collective citation and construction.

20.— (1) This Act may be cited as the Electoral (Amendment) Act 2006.

(2) The Electoral Acts 1992 to 2005 and this Act may be cited together as the Electoral Acts 1992 to 2006 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) may be cited together as the European Parliament Elections Acts 1992 to 2006 and shall be read together as one.

(4) The Presidential Elections Acts 1992 to 2004 and this Act (in so far as it relates to presidential elections) may be cited together as the Presidential Elections Acts 1992 to 2006 and shall be read together as one.

(5) The Local Elections Acts 1974 to 2004 and this Act (in so far as it relates to local elections) may be cited together as the Local Elections Acts 1974 to 2006 and shall be read together as one.

(6) The Referendum Acts 1992 to 2004 and this Act (in so far as it relates to referendums) may be cited together as the Referendum Acts 1992 to 2006 and shall be read together as one.

(7) The Seanad Electoral (University Members) Acts 1937 to 2001 and this Act (in so far as it relates to Seanad elections) may be cited together as the Seanad Electoral (University Members) Acts 1937 to 2006 and shall be read together as one.

(8) The Seanad Electoral (Panel Members) Acts 1947 to 2001 and this Act (in so far as it relates to Seanad elections) may be cited together as the Seanad Electoral (Panel Members) Acts 1947 to 2006 and shall be read together as one.

ELECTORAL REFORM ACT 2022

Chapter 6

Registration of political parties functions

Registrar of political parties

41. (1) There shall be an office, the holder of which shall be known as the Registrar of Political Parties (in this Chapter referred to as the “Registrar”) and the Registrar shall, subject to this Chapter, prepare and maintain a Register of Political Parties.

(2) (a) The person who for the time being holds the office of chief executive of the Commission shall be the Registrar.

(b) If and so long as the office of the chief executive is vacant or the holder of that office is unable through illness, absence or other cause to fulfil the duties of the office, a member of staff nominated by the Chairperson shall act as Registrar for the purposes of this Chapter and references in this Chapter to the Registrar shall be construed accordingly.

(3) The Registrar shall be independent in the performance of his or her duties.

42. (1) The Register of Political Parties in force immediately before the commencement of this section shall be deemed to be the Register of Political Parties prepared and maintained under this Part.

(2) A reference in any enactment to the register of political parties shall be construed as including a reference to the Register of Political Parties prepared and maintained under this Chapter.

Application for registration of political parties

43. (1) A political party that is not, before the establishment day, registered in the Register of Political Parties may apply to the Registrar to be so registered as a party organised in the State, or in a part thereof specified in the application, to contest all or any of the following elections:

(a) a Dáil election;

(b) a European election;

(2) An application for registration under this section shall be in writing in such form as shall be specified by the Registrar and shall contain such particulars as shall be specified in the form.

(3) Where an application by a political party for registration in the Register of Political Parties under section 25 of the Act of 1992 has not been completed before the establishment day the application shall be completed on or after the establishment day under this section.

Registration of political emblems

44. (1) (a) A political party may apply for the registration in the Register of Political Parties of one emblem to be used by candidates of the party on ballot papers.

(b) An application under this section shall be in writing in such form as shall be specified by the Registrar and in accordance with directions specified on the form.

(2) The Registrar shall not grant a request for registration in relation to an emblem if the emblem—

(a) would be likely to be confused by voters with an emblem which is already registered for another party,

(b) is obscene or offensive,

(d) includes a word or expression which, if it were, or were part of, the party’s name, would, by virtue of section 46 , prevent the party from being registered in the Register of Political Parties.

Qualifying criteria for registration of political parties

45. Subject to section 46 , the Registrar shall register a political party which applies for registration provided the application complies with the requirements of this Chapter and that—

(a) the party is organised in the State or in a part thereof specified in the application as a party organised to contest all or any of the elections referred to in section 43 (1),

(b) (i) (I) the party has not less than 300 recorded members or, in the case of a party applying for registration as a party organised to contest elections in part of the State or local elections only, 100 recorded members, each of whom (in any of the foregoing cases) has reached the age of 18 years, and

(II) at least 50 per cent of the recorded members are registered in the electoral register,

(ii) the party has at least one member who, at the time the application for registration is made, is a member of Dáil Éireann or is a representative in the European Parliament (whether by reason of his or her having been elected as such a representative in the State or having been nominated as a replacement candidate under the Act of 1997) and who certifies in writing to the Registrar that he or she is a member of the party, or

(iii) in the case of a party which applies for registration as a party organised to contest a local election only, it has at least 3 members who are, at the time the application for registration is made, members of a local authority and each of whom certifies in writing to the Registrar that he or she is a member of the party,

and

(c) the organisation and direction of the party are governed by a constitution, a memorandum of association or other such document or other written rules adopted by the party and which provide for—

(i) an annual or other periodic meeting or conference of the party, and

(ii) the conduct of the business of the party by an executive committee or similar body elected by the party.

Titles of political parties

46. A political party shall not be registered in the Register of Political Parties if its name—

(a) is identical to the name or an abbreviation or acronym of the name of any party for the time being registered in the Register of Political Parties or, so nearly resembles such name, abbreviation or acronym as to be likely to mislead, confuse or deceive,

(b) comprises more than 6 words, or

(c) in the case of a party operating in relation to a particular part of the State, does not include such reference to that part so as to distinguish the party as so operating.

Details to be entered in register of political parties

47. The following particulars shall be entered in the Register of Political Parties in respect of a political party registered therein—

(a) the name of the party, including any abbreviation or acronym of the name,

(b) the emblem, if an application for its registration under section 44 has been granted,

(d) the name or names of the officer or officers of the party authorised to sign certificates authenticating the candidatures of candidates of the party at elections,

(e) the type or types of election for which the party is registered as being organised to contest,

(f) where the party is registered as organised to contest elections in a specified part of the State, a reference to that fact and to the part of the State concerned,

(g) the name of any political group or European political party in accordance with section 48 , and

(h) the name and address of each accounting unit of the political party and the name and address of the responsible person or persons of the accounting unit.

Political groups

48. Where a party which is registered in the Register of Political Parties as a party organised to contest a European election, or which applies for such registration in the Register of Political Parties, informs the Registrar that a member of the party, being a representative in the European Parliament (whether by reason of that member having been elected as such a representative in the State or having been nominated as a replacement candidate under the Second Schedule to the Act of 1997), is a member of—

(a) a political group formed in accordance with the rules of procedure of the European Parliament, or

(b) a European political party,

the Registrar shall, if the member certifies in writing to the Registrar that he or she is a member of that party and that political group or European political party, note on the Register of Political Parties, in relation to the party, the name of that political group or European political party.

Notification of decision on application for registration

49. The Registrar shall, as soon as practicable after it has considered an application for registration under this Part, notify the applicant concerned of his or her decision and, where the application has been refused, the reasons for it and that the applicant may appeal the decision under section 51 , and shall cause notice thereof to be published in Iris Oifigiúil.

Amendments to Register of Political Parties

50. (1) If there is any change in the particulars entered in the Register of Political Parties with respect to the name or names of the officer or officers of a political party referred to in section 47 (d) or in the address of the party’s headquarters, the party shall, as soon as may be after the change occurs, inform the Registrar of the change and, where appropriate, the Registrar shall amend the particulars entered in the register in relation to the party accordingly.

(2) A political party registered in the Register of Political Parties may apply in writing to the Registrar in such form as shall be specified by the Registrar to have any of the particulars, (other than those referred to in subsection (1)) including the party emblem entered in the register in relation to the party amended and the Registrar shall consider each such application and may, subject to this Chapter, amend the register accordingly.

(3) The Registrar shall, as soon as practicable after it has considered an application for amendment of the register under subsection (2), notify the applicant concerned of his or her decision, the reasons for it and that the applicant may appeal the decision under section 51 and shall cause notice of the decision to be published in Iris Oifigiúil.

(4) The Registrar shall, with respect to each party registered in the register, inquire in writing at least once in each year from a responsible person referred to in section 47 (h) whether the party desires to remain registered and, unless the Registrar receives an affirmative reply to such an inquiry within 21 days from the date of the making of such inquiry, subsection (6) shall apply in relation to the party.

(5) When replying to an inquiry under subsection (4), the responsible person shall provide the Registrar with the name and address of each accounting unit of the party and the name and address of the responsible person or persons of the accounting unit, including any changes that have occurred during the period from when the particulars were last provided to the Registrar and the Registrar shall enter the particulars provided in the register.

(6) Where a political party registered in the register fails to comply with subsection (1), or information provided by it, in purported compliance with that subsection, is not such as to enable the Registrar to comply with section 47 or otherwise fails to comply with the requirements of this Chapter, the Registrar shall, following such inquiry as it considers appropriate, publish in Iris Oifigiúil notice of its intention to cancel the registration of the party and the Registrar shall notify the party concerned of its intention and that the party may appeal the decision under section 51 .

(7) Any doubt, dispute or question arising in connection with the particulars required to be entered in the register pursuant to section 47 shall be decided by the Commission and deemed to be an appeal under section 51 , and the Registrar or the political party concerned may submit the doubt, dispute or question to the Commission in accordance with that section.

Appeal against decision of Registrar

51. (1) A decision by the Registrar in relation to—

(a) an application for registration under section 43 or 44 ,

(b) an application under section 50 for amendment of the particulars entered in relation to a party in the Register of Political Parties, or

may be questioned by way of an appeal to the Board under this section and, pending the determination by the Board of such an appeal, the decision of the Registrar shall not have effect.

(2) Where the Registrar has decided to refuse an application for registration including the registration of an emblem or an application for an amendment of the register and has stated the reasons for so doing in accordance with section 49 or 50 (3), such statement shall be regarded as a sufficient statement of the reasons for the decision.

(3) (a) Not later than 12 noon on the twenty-first day after the publication in Iris Oifigiúil of a decision by the Registrar on an application for registration under section 43 or 44 , or for the amendment of the particulars in relation to a party entered in the register under section 50 (1) or in respect of the cancellation of the registration of a party under section 50 (6), an appeal may be made to the Board against the decision—

(i) in the case of a decision to refuse either an application for registration including the registration of an emblem or an application for an amendment of the register, by the party by which the application was made,

(ii) in the case of a decision to allow either an application for registration or an application for amendment of the register, by any political party registered in the register at the time of the giving by the Registrar of such notice,

(iii) in the case of a decision to cancel a registration, by the party whose registration it is proposed to cancel.

(b) Where no appeal is made under this section within the period specified in paragraph (a), the decision shall at the expiration of the said period become final and the Registrar shall notify the applicant or, as the case may be, the party whose registration he or she has decided to cancel.

(c) An appeal under this section shall be in writing, shall state the grounds on which the appeal is made, shall be addressed to the Chairperson and shall be delivered or sent by post so as to reach the Chairperson not later than the time specified in paragraph (a), together with the deposit referred to in paragraph (d), and any such appeal which is received by the Chairperson after that time or without that deposit shall not be entertained or considered by the Commission.

(d) An appeal under this section shall not be considered by the Board unless at the time the appeal is made a deposit of €500 is lodged with the Chairperson by, or on behalf of, the appellant, which sum shall on the determination of the appeal be returned to the person by whom it was made unless the Board considers the appeal to be frivolous or vexatious and directs that the deposit be forfeited.

(e) A deposit forfeited under this section shall be disposed of by the Chairperson in such manner as may be directed by the Minister for Finance.

(f) The Chairperson, immediately on receipt of an appeal under this section, shall—

(i) notify the Registrar of such receipt,

(ii) furnish the Registrar with a copy of the appeal,

(iii) publish a notice in Iris Oifigiúil that an appeal has been lodged, and

(iv) make the documentation in relation to the appeal available for inspection at all convenient times.

(4) (a) The Board, in determining an appeal under this section, shall consider—

(i) the grounds for the appeal stated pursuant to subsection (3)(c), and

(ii) such information (if any) as was made available to the Registrar in connection with the application for registration (including registration of a political party emblem), the application for amendment of the register or the proposed cancellation of the registration, as the case may be.

(b) The Registrar shall give to the Commission such information in relation to every appeal considered pursuant to this section as the Commission may reasonably require of him or her.

(c) Where information additional to that referred to in paragraph (a)(ii) is furnished to the Commission, the appeal application, if the Commission considers it appropriate and directs accordingly, shall be returned to the Registrar for their consideration and treated, if appropriate, as a new application for registration or an amendment of the register by the Registrar.

(d) The decision of the Commission shall be final and binding.

(5) A decision by the Registrar on an application for registration, including the registration of an emblem, or for amendment of the particulars entered in the register in respect of a party or in relation to the cancellation of the registration of a party under section 50 or a decision by the Commission on an appeal under this section shall not have effect in relation to the relevant election where the decision of the Registrar or the Commission is made or the period for making an appeal under subsection (3) against the decision of the Registrar expires—

(a) in the case of a Dáil election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a Dáil election, after the date of the issue of the writ or writs,

(b) in the case of a European election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a European election, after the date of the making of the order of the Minister under section 10(1) of the Act of 1997,

(c) in the case of a local election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a local election, after the date of the making of the order of the Minister under section 26(2) of the Act of 2001.

(6) The Board shall determine an appeal under this section without an oral hearing unless, having regard to the particular circumstances of the appeal, it considers that it is necessary to conduct an oral hearing in order to properly and fairly determine the appeal.

(7) An appeal which has been commenced under section 25B of the Act of 1992 and not completed before the establishment day shall be carried on or completed by the Board under this section on or after the establishment day.

(8) In this section, “Board” means the members of the Commission referred to in section 9 (1).

Inspection and production of copy of register

52. (1) The Registrar shall maintain the Register of Political Parties and permit any person to inspect the register at such time and under such conditions as he or she may specify.

(2) Where an order of a court or a request by any person is made for the production by the Registrar of the register or a copy thereof, the production of a copy of the register accompanied by a certificate of the Registrar that such copy is a copy of the register shall, in any civil or criminal proceedings, be prima facie evidence of the fact so certified and it shall not be necessary, unless the court on receipt of the certificate and copy of the register so orders, for the Registrar to attend in person to attest to any matter relating to the register or the certificate.

Requirement to comply with request by Registrar for information

53. (1) The Registrar may require any person to give any information in the possession of such person which the Registrar may require for the purpose of his or her duties under this Chapter.

(2) Without prejudice to subsection (1), the Registrar may require from any political party which applies for registration (including registration of an emblem) in, or for amendment of, the Register of Political Parties all such information as the Registrar reasonably requires for the determination of the application, and the Registrar may refuse the application of any party which fails or refuses to give any information so required of it under this section.

(3) For the avoidance of doubt and notwithstanding the authority of the Registrar to request information, it shall be the duty of every political party which applies for registration (including the registration of an emblem) in, or for amendment of, the register to provide to the Registrar such information as may be necessary to enable the Registrar to consider the application.

(4) The Registrar may require that—

(a) information furnished for the purposes of this Chapter shall be accompanied by a statutory declaration made by the person by whom the information is furnished (or by such other person as the Registrar considers appropriate in the circumstances) that, to the best of the person’s knowledge and belief, the information is correct in every material respect and that the person has taken all reasonable steps in order to be satisfied as to the accuracy of the information,

(b) any statement in relation to the number of recorded members of a party shall be certified by a public auditor.

(5) In subsection (4), “public auditor” means a public auditor for the purposes of the Industrial and Provident Societies Acts 1893 to 2021 and the Friendly Societies Acts 1896 to 2021.

Registration in relation to particular types of election

54. (1) Where a party is registered in the Register of Political Parties as a party organised to contest a particular type or types of election, the registration shall have effect only in relation to elections of the type or types concerned.

(2) Where a party is registered in the register as a party organised to contest an election or elections in a specified part of the State, the registration shall have effect only in relation to that part of the State.

Provision of copies of register to returning officers

55. Not later than the third day (disregarding any excluded day) after the day of the issuing under section 39 of the Act of 1992 of the writ or writs at a Dáil election, the Registrar shall send to the returning officer or each returning officer, as the case may be, a copy of the Register of Political Parties then in force, including a copy of any emblems of political parties registered in it.

Chapter 10

Oversight of electoral register

69. (1) Notwithstanding the generality of section 64 , the Commission may, in relation to the electoral register, commission or conduct research in relation to:

(a) the accuracy and completeness of the electoral register maintained by a registration authority;

(b) the activities undertaken by a registration authority in relation to the maintenance of the electoral register;

(c) the processes relating to the compilation, maintenance and functioning of the electoral register referred to in paragraph (a);

(d) any other matter considered by the Commission to be relevant to its functions under this section.

(2) The Commission shall, on foot of the information provided by a registration authority under section 20A of the Act of 1992 or by a designated registration authority under section 13B of that Act, publish and lay before each House of the Oireachtas, annually, a report setting out:

(a) such research, if any, carried out by the Commission under subsection (1);

(b) the Commission’s assessment of the status and functioning of the electoral register maintained by registration authorities and any recommendations the Commission considers necessary to maintain or enhance the integrity of the electoral register and the registration process.

(3) The Commission may—

(a) make recommendations to a registration authority in relation to the performance of the functions of that registration authority under section 20 of the Act of 1992,

(b) make recommendations to a designated registration authority in relation to the performance of the functions of that designated registration authority under section 13B of the Act of 1992,

(d) make recommendations to the Minister in relation to such legislative changes regarding the electoral register and the registration process as the Commission considers necessary to maintain or enhance the integrity of the electoral register and the registration process.

(4) In this section—

(a) “designated registration authority” means a registration authority prescribed as a designated registration authority by regulations made under section 13B of the Act of 1992;

(b) “registration authority” means a county council, a city council or a city and county council.

Chapter 11

Amendments to other enactments

Amendment of Broadcasting Act 2009

70. The Broadcasting Act 2009 is amended—

(a) in section 41(6), by the substitution of “broadcast at the request of An Coimisiún Toghcháin in relation to a matter referred to in section 31 of the Electoral Reform Act 2022” for “broadcast at the request of the Referendum Commission in relation to a matter referred to in section 3 of the Act of 1998”,

(b) by the substitution, in section 106(4), of “An Coimisiún Toghcháin” for “the Referendum Commission” in each place it occurs, and

(c) by the substitution, in section 127(8), of “An Coimisiún Toghcháin” for “the Referendum Commission” in each place it occurs.

Amendment of Data Protection Act 2018

71. The Data Protection Act 2018 is amended—

(a) in section 48, by the substitution of the following paragraph for paragraph (b):

“(b) by An Coimisiún Toghcháin in the performance of its functions.”,

(b) in section 58, by the substitution of the following paragraph for paragraph (b):

“(b) by An Coimisiún Toghcháin in the performance of its functions.”,

and

“(b) by An Coimisiún Toghcháin in the performance of its functions.”.

Amendment of Act of 1992

72. The Act of 1992 is amended—

(a) in section 46(4), by the substitution of “ section 47 (d) of the Electoral Reform Act 2022” for “section 25(7)(d)”,

(b) in section 46(10), by the substitution of “ section 55 of the Electoral Reform Act 2022” for “section 25C(7)”,

(c) in section 62(2)(g), by the substitution of “ section 55 of the Electoral Reform Act 2022” for “subsection (7) of section 25C”,

(d) in section 63(1)(b)(vi), by the substitution of “ section 54 of the Electoral Reform Act 2022” for “subsection (7) of section 25C”, and

(e) in section 107(1), by the deletion of “(disregarding any excluded day)”.

Amendment of Houses of the Oireachtas Commission Act 2003

73. The Houses of the Oireachtas Commission Act 2003 is amended, in section 14C(4)(b)(v), by the deletion of “or as the Registrar of Political Parties under section 25 of the Electoral Act 1992 ”.

Amendment of Local Elections (Disclosure of Donations and Expenditure) Act 1999

74. The Local Elections (Disclosure of Donations and Expenditure) Act 1999 is amended, in section 19A, in the definition of “third party”, by the substitution of “the Register of Political Parties under Chapter 6 of Part 2 of the Electoral Reform Act 2022” for “the Register of Political Parties under Part III of the Act of 1992”.

Amendment of Act of 1997

75. The Act of 1997 is amended, in Rule 5(3)(a) of the Second Schedule, by the substitution of “ section 47 (d) of the Electoral Reform Act 2022” for “section 25(7)(d) of the Act of 1992”.

Amendment of Local Elections Regulations 1995

76. Article 14(5) of the Local Elections Regulations 1995 is amended by the substitution of “ section 47 (d) of the Electoral Reform Act 2022” for “section 25(7)(d) of the Act of 1992”.

Amendment of Electoral Act 1997

77. The Electoral Act 1997 is amended—

(a) in section 2, in the definition of “political party”, by the substitution of “in accordance with Chapter 6 of Part 2 of the Electoral Reform Act 2022” for “in accordance with section 25 of the Act of 1992”,

(b) in section 16, by the substitution of the following paragraph for paragraph (a)—

“(a) the party is registered in the Register of Political Parties in accordance with Chapter 6 of Part 2 of the Electoral Reform Act 2022 as a party organised (within the meaning of section 45 of that Act) in the State or in a part thereof specified in an application under that section to contest a Dáil election, and”,

(c) in section 22(2)(aa), in the definition of “third party”, by the substitution of “the Register of Political Parties under Chapter 6 of Part 2 of the Electoral Reform Act 2022,” for “the Register of Political Parties under Part III of the Electoral Act 1992 ,”, and

(d) in section 46(1), in the definition of “third party”, by the substitution of “in accordance with Chapter 6 of Part 2 of the Electoral Reform Act 2022” for “in accordance with section 25 of the Act of 1992”.

Amendment of Taxes Consolidation Act 1997

78. Schedule 13 to the Taxes Consolidation Act 1997 is amended by the insertion of the following paragraph after paragraph 206:

“207. An Coimisiún Toghcháin.”.

PART 3

Franchise and registration of electors

Chapter 1

Amendments to Act of 1992

Amendment of section 6 of Act of 1992

79. Section 6 of the Act of 1992 is amended—

(a) by the insertion of the following definitions:

“‘anonymous elector’ has the meaning assigned to it by section 15E(1);

‘closing date’ shall be construed in accordance with Rule 1(2) of Part I of the Second Schedule;

‘Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20164 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

‘Designated Registration Authority’ has the meaning assigned to it by section 13B(1);

‘registered medical practitioner’ means a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007 ;

‘pending elector list’ has the meaning assigned to it by section 17A;

‘personal public service number’ has the meaning assigned to it by section 262 of the Social Welfare Consolidation Act 2005 ;

‘shared database’ has the meaning assigned to it by section 13B;”,

(b) by—

(i) the substitution of the following definition for the definition of “the county registrar”:

“‘county registrar’ means a person appointed to be a county registrar under section 35 of the Court Officers Act 1926 including any deputy for a county registrar for the time appointed under section 40 of that Act or a person who, under section 9 (1)(b) of the Court Officers Act 1945 , is required and authorised to perform any of the duties of any other county registrar, and who carries out the functions conferred on him or her by this Part in respect of the administrative area of a particular county council, a city council or a city and county council or other area coterminous with or contained in a registration area or a person appointed or designated under Rule 24 of Part IV of the Second Schedule;”,

(ii) the substitution of the following definition for the definition of “local authority”:

“‘local authority’ has the meaning assigned to it by section 2 of the Local Government Act 2001 ;”,

(iii) the substitution of the following definition for the definition of “the register”:

“‘the register’ means the register of presidential electors or the register of Dáil electors or the register of European electors or the register of local government electors or all such registers as the case may require and, where the context so requires, includes the postal voters list and the special voters list;”,

(iv) the substitution of the following definition for the definition of “registration area”:

“‘registration area’ means the administrative area (within the meaning of section 2 of the Local Government Act 2001 ) of a county council, a city council or a city and county council;”,

(v) the substitution of the following definition for the definition of “registration authority”:

“‘registration authority’ means a county council, a city council or a city and county council;”,

and

(i) “edited register”;

(ii) “national edited register”;

(iii) “medical practitioner”;

(iv) “national register”;

(v) “qualifying date”;

(vi) “the specified date”.

Amendment of section 7 of Act of 1992

80. Section 7 of the Act of 1992 is amended—

(a) in subsection (1), by the substitution of “is” for “was, on the qualifying date”,

(b) in subsection (2)(i), by the substitution of “Presidential Elections Acts 1992 to 2006” for “Presidential Elections Acts, 1937 to 1992”,

(c) in subsection (2)(ii), by the substitution of “Referendum Acts 1992 to 2022” for “the Referendum Acts, 1942 to 1992”, and

(d) in subsection (3), by the substitution of “Presidential Elections Acts 1992 to 2006” for “Presidential Elections Acts, 1937 to 1992”.

Amendment of section 8 of Act of 1992

81. Section 8 of the Act of 1992 is amended—

(a) in subsection (1), by the substitution of “is” for “was, on the qualifying date”, and

(b) in subsection (2)—

(i) in paragraph (a), by the deletion of “on the qualifying date”, and

(ii) in paragraph (a)(ii)(II), by the deletion of “on that date”.

Amendment of section 9 of Act of 1992

82. Section 9 of the Act of 1992 is amended by the substitution of “if he or she has reached the age of 18 years and if he or she is ordinarily resident in that constituency and is either” for “if he has reached the age of eighteen years and if, on the qualifying date, he was ordinarily resident in that constituency and was either”.

Amendment of section 10 of Act of 1992

83. Section 10 of the Act of 1992 is amended by the substitution of “is” for “was, on the qualifying date”.

Amendment of section 11 of Act of 1992

84. Section 11 of the Act of 1992 is amended—

(a) by the substitution of the following subsection for subsection (2):

“(2) Subject to sections 7, 8, 9 and 10, a person shall be entitled to be registered as an elector on or after the day on which that person reaches 18 years, including where such day falls during the period beginning on the last day on which applications for entry in the register in respect of a specific Dáil, presidential, European or local election or a referendum can be received and ending on polling day, provided that any application is received by the registration authority before the closing date.”,

(b) in subsection (4)(a)—

(i) by the deletion of “on the qualifying date”,

(ii) by the substitution of “applications” for “claims”,

(d) in subsection (6), by the deletion of “on the qualifying date,”, and

(e) by the insertion of the following subsections after subsection (6):

“(7) (a) Where a person is not ordinarily resident at any premises at the time of making an application under subsection (1) or (2) of section 15D, as the case may be, he or she may make a declaration of circumstances to the registration authority in accordance with this subsection setting out his or her reason for making an application to be registered at an address provided in the declaration of circumstances.

(b) A declaration of circumstances shall be completed in accordance with Rule 37 of Part VII of the Second Schedule in a form directed by the Minister and shall include:

(i) the name of the person;

(ii) (I) an address to which correspondence can be delivered, or

(II) confirmation that the person is willing to collect correspondence from a specified office of the relevant registration authority;

(iii) the date of the declaration;

(iv) the address of, or which is nearest to, a place where the person commonly spends a substantial part of his or her time (whether during the day or at night) and at which the person wishes to be considered ordinarily resident;

(v) the reason for the application by the person under this subsection.

(c) If the registration authority is satisfied that there is no other address at which the person would be more appropriately registered, the person shall be deemed ordinarily resident at the address provided in the declaration of circumstances as the address at which he or she wishes to be considered ordinarily resident.

(d) A declaration of circumstances made under this subsection may be withdrawn by the elector who made it at any time and, shall be deemed to be withdrawn, where—

(i) he or she submits a new declaration of circumstances, or

(ii) he or she submits an application to a registration authority under section 15D(2)—

(I) to be entered on the register in a different registration area, or

(II) to update details of his or her entry on the register in the same registration area.

(8) (a) The Minister shall—

(i) not later than 3 years after the coming into operation of section 84 of the Electoral Reform Act 2022, carry out or cause to be carried out a review of the operation of that subsection, and

(ii) not later than 12 months after the commencement of the review, publish a report of the findings resulting from the review and of the conclusions drawn from the findings and arrange for a copy of the report to be laid before each House of the Oireachtas.

(b) In carrying out a review under this subsection, the Minister or such person as the Minister shall cause to carry out the review, shall consult with the registration authorities and such other persons as the Minister or person carrying out the review considers appropriate for the purposes of the review.”.

Amendment of section 12 of Act of 1992

85. Section 12 of the Act of 1992 is amended—

(a) in subsection (1), by the insertion of the following definition:

“‘civil partner’ has the meaning assigned to it by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ;”,

(b) in subsection (2), by the deletion of—

(i) “within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ”, and

(ii) “on the qualifying date”,

“(3) A qualified person may, not later than the date specified in section 14, send to the appropriate registration authority a statement in a form directed by the Minister providing the following information:

(a) the address of the premises in the State in which, but for the requirements of his or her duties, he or she would be resident;

(b) particulars of his or her spouse or civil partner (if any).”,

and

(d) in subsection (5)—

(i) by the deletion of “on the qualifying date”, and

(ii) by the insertion of “or civil partner” after “spouse”.

Amendment of section 13 of Act of 1992

86. Section 13 of the Act of 1992 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) A register, by reference to registration areas, of persons entitled to be registered as electors shall be maintained in accordance with this Part and the Second Schedule and, in so far as it relates to presidential electors, it shall be the register of presidential electors, in so far as it relates to Dáil electors, it shall be the register of Dáil electors, in so far as it relates to European electors, it shall be the register of European electors and, in so far as it relates to persons entitled to vote at local elections, it shall be the register of local government electors.”,

(b) by the insertion of the following subsection after subsection (1):

“(1A) The register prepared and published under this section by each registration authority for the registration area of that registration authority that was in force immediately before the coming into operation of section 86 of the Electoral Reform Act 2022 shall continue in force on and after that coming into operation and shall, after such coming into operation, be maintained and published in accordance with section 20.”,

“(2) Subject to subsection (5), the name of a person who has submitted an application for entry in the register on or after the fourteenth day before polling day (disregarding any excluded day) and ending on polling day shall not be included in the register in force and published before polling day at that election or referendum.”,

(d) in subsection (3), by the substitution of “register of electors maintained for the purposes of this Part” for “the draft register prepared for the purposes of this Part, or the electors lists prepared, under section 16, by a registration authority the subject of a direction under that section”, and

(e) by the insertion of the following subsection after subsection (4):

“(5) Subject to section 15E and without prejudice to anything required to be done under section 20, each registration authority shall, as soon as practicable after the fourteenth day before polling day (disregarding any excluded day) at an election or a referendum—

(a) publish the register, and

(b) publish a list of the names of electors added to the register, from the date of the making of the polling day order in respect of that election or referendum.”.

Amendment of section 13B of Act of 1992

87. The Act of 1992 is amended by the substitution of the following section for section 13B:

“

Designated Registration Authority

13B. (1) The Minister may by regulations prescribe a registration authority (in this Part referred to as the ‘Designated Registration Authority’) to establish, manage and maintain a shared database (in this Part referred to as the ‘shared database’) for the purposes of enabling the efficient performance by registration authorities of their functions under sections 13E and 20.

(2) The shared database shall include, in respect of the registration area of each registration authority, such information as is necessary and proportionate for the performance by registration authorities of their functions as registration authorities and shall contain—

(a) the information in the register of electors,

(b) the information in the pending elector list,

(d) information provided in accordance with this Part and the Second Schedule used to compile the register of electors and the pending electors list, and

(e) such other supporting documentation provided in accordance with this Part and the Second Schedule used to compile the register of electors and the pending electors list, the storage of which is considered by the registration authority to be necessary and proportionate to the performance of its functions.

(3) Each registration authority shall use the shared database for the purpose of the performance of its functions under this Part, in accordance with section 13E, for the preparation and publication of the register, including by the storage, sharing and extraction of data from the shared database.

(4) Notwithstanding the existence of the shared database, each registration authority shall, on and after the coming into operation of section 87 of the Electoral Reform Act 2022, continue to perform its functions under section 20 in respect of its registration area.

(5) The Minister shall, before prescribing a registration authority as the Designated Registration Authority under subsection (1), be satisfied that the authority has or has available to it, appropriate experience, expertise and knowledge to perform the functions under that subsection.

(6) The Designated Registration Authority may make and carry out an agreement with one or more registration authorities for sharing the cost of the management and maintenance by the Designated Registration Authority of the shared database and the related systems necessary for the effective functioning of the database.

(7) The Designated Registration Authority shall, on an annual basis and by such date as may be specified to it by An Coimisiún Toghcháin, submit a report to An Coimisiún on the performance by it of its functions under this section.”.

Use of the electoral register

88. The Act of 1992 is amended by the insertion of the following section after section 13C:

“13D. (1) The information contained in the register of electors maintained and published under this Part shall only be used for electoral or other statutory purposes.

(2) Without prejudice to the generality of subsection (1), information contained in the register maintained and published under section 13 may be used—

(a) by a specified person (within the meaning of section 39 of the Data Protection Act 2018 ), for the purpose of communicating with a data subject (within the meaning of Article 4(1) of the Data Protection Regulation) in accordance with section 39 of that Act, or

(b) by an elected representative (within the meaning of section 40 of the Data Protection Act 2018 ) for the purposes of section 40 of that Act.”.

Data sharing

89. The Act of 1992 is amended by the insertion of the following section after section 13D:

“13E. (1) A registration authority may share information with another registration authority where it is necessary and proportionate for any one or more of the following purposes:

(a) to check for duplicate entries on the register of electors;

(b) to verify the accuracy of the register of electors;

(c) to examine whether information supplied in a form submitted to the registration authority in relation to the register of electors is accurate;

(d) to update and maintain the register of electors;

(e) in pursuance of any other of its functions under this Part.

(2) The Minister for Social Protection may, solely for the purpose of assisting a registration authority in updating, maintaining and ensuring the accuracy of the register of electors, provide, for the purposes of confirming information submitted to or held by the registration authority including the Designated Registration Authority, confirmation of a person’s identifying particulars and the authority or authorities may use such confirmation to update, maintain and ensure the accuracy of the register.

(3) The Minister, may by order, solely for the purpose of assisting a registration authority including the Designated Registration Authority in updating, maintaining and ensuring the accuracy of the register of electors and to identify information or entries on the register that may require to be updated, provide for the conduct of a periodic data-sharing exercise between an authority or authorities and a Minister of the Government or a specified public body.

(4) An order under subsection (3) shall specify the information, which is considered by the Minister to be necessary and proportionate, to be shared, the process to be followed including suitable and specific measures to safeguard the fundamental rights and freedoms of data subjects, and any specified public body to whom the order shall apply.

(5) A Minister of the Government or a specified public body may, for the purpose of the periodic data-sharing exercise under subsection (3), provide a registration authority including the Designated Registration Authority with such information as is necessary and proportionate to the data-sharing exercise referred to in that subsection and the registration authority or authorities may use any such information as is provided for that purpose.

(6) A registration authority may require an tArd-Chláraitheoir to furnish information in connection with deaths of persons in the registration area of the registration authority concerned.

(7) In this section—

‘data-sharing’ means the disclosure of information, including personal data, by a specified public body to another specified public body;

‘identifying particulars’, in relation to a person, means any one or more of the following particulars:

(a) full name (including all former names, if applicable);

(b) date of birth;

(d) nationality;

(e) personal public service number (if any);

(f) in the case of a deceased person, his or her date of death;

‘information’ means any personal data extracted from the register of electors referred to in section 13 or the shared database;

‘specified public body’ means:

(a) a registration authority;

(b) the Designated Registration Authority;

(d) such other public body as may be prescribed as a specified public body by the Minister.”.

Amendment of section 14 of Act of 1992

90. (1) Section 14 of the Act of 1992 is amended in paragraph (d)—

(a) by the insertion of “or at the place where he or she is deemed to be ordinarily resident under section 11(6)” after “residence”, and

(b) by the deletion of “physical” in each place where it occurs.

(2) Section 14 of the Act of 1992 (as amended by subsection (1)) is amended—

(a) by the designation of the existing section as subsection (1),

(b) in subsection (1)—

(i) in paragraph (a), by the substitution of “applications” for “claims”,

(ii) in paragraph (c), by the substitution of “in the State, or,” for “in the State on the qualifying date, or”,

(iii) by the substitution of the following paragraph for paragraph (d):

“(d) a person who is ordinarily resident at his or her residence or at the place where he or she is deemed to be ordinarily resident under section 11(6), and applies to be so entered in the postal voters list and satisfies the registration authority that he or she is unable to go in person to vote at the polling place for his or her polling district by reason of his or her illness or disability, or”,

and

(iv) by the insertion of the following paragraph after paragraph (d):

“(e) a person who is an anonymous elector.”,

and

“(2) An application to be entered in the postal voters list received on a date that is on or after—

(a) the third day after the date of dissolution of the Dáil in the case of a general election,

(b) the third day after the date of the making of the order appointing polling day in the case of a Dáil bye-election, or

(c) the twenty-first day (disregarding any excluded day) before polling day in the case of a presidential, European or local election, or a referendum,

shall have no effect in relation to that election or referendum, as the case may be.

(3) Part VI of the Second Schedule shall apply to an application to be entered in the postal voters list.”.

Amendment of section 15C of Act of 1992

91. Section 15C of the Act of 1992 is amended by—

(a) the substitution of “Where” for “Notwithstanding the provisions of subsection (4) of section 15A or subsection (4) of section 15B, where”,

(b) the deletion of “the supplement to” in both places where it occurs, and

(c) the substitution of “subsection (2) of section 14 or subsection (6) of section 17” for “subsection (4) of section 15A or subsection (4) of section 15B” in both places where it occurs.

Application to the register of electors

92. The Act of 1992 is amended by the insertion of the following section after section 15C:

“15D. (1) A person who is entitled to be registered as an elector may apply to the registration authority to be entered in the register, in accordance with Rule 29 of Part V of the Second Schedule in a form directed by the Minister.

(2) A person who is entered as an elector in the register but in respect of whom the information in the register has become outdated or inaccurate, may apply to the registration authority, in accordance with Rule 30, or where appropriate Rule 31, or both such Rules, of Part V of the Second Schedule, in a form directed by the Minister to have the information in respect of him or her updated.

(3) Where, following consideration by it of an application under subsection (1) or (2), the registration authority is satisfied—

(a) that the person is a person to whom section 7, 8, 9 or 10 applies, and

(b) the application complies with this section and the requirements of Rule 29 and Rule 30 or 31 of Part V of the Second Schedule, or both Rule 30 and 31, as the case may require,

the authority shall enter the name of the person on the register or update the information in respect of the person, as the case may require.

(4) Where, following consideration by it of an application under subsection (1) or (2), the registration authority is not satisfied—

(a) that the person is a person to whom section 7, 8, 9 or 10 applies, or

(b) that the application complies with this section and the requirements of Rule 29 and Rule 30 or 31 of Part V of the Second Schedule, or both Rule 30 and 31, as the case may require,

the authority shall refuse to enter the name of the person in the register or to update the information in respect of the person, as the case may be.

(5) Where an application under this section is refused by the registration authority under subsection (4), the applicant may appeal the decision to the county registrar in accordance with Rule 39 of Part VIII of the Second Schedule.

(6) An application under subsection (1) or (2) received by the registration authority on a date that is on or after the fourteenth day before polling day (disregarding any excluded day) at an election or a referendum shall have no effect in relation to that election or referendum.”.

Anonymous electors

93. The Act of 1992 is amended by the insertion of the following section after section 15D:

“15E. (1) A person who—

(a) is entitled to be registered as an elector and applies to be so entered on the register under section 15D(1), or

(b) a person who is an elector on the register,

may, where the publication or the making available for inspection of the name and address of the person or a member of the household of the person would be prejudicial to the personal safety of the person or member of the person’s household, apply to the registration authority in the registration area in which he or she is ordinarily resident to have his or her name and address omitted from the register published or made available by the registration authority for inspection under section 20 and Rules 13 and 14 of Part I of the Second Schedule (and, where the application is granted by the registration authority, shall be referred to in this Act as an ‘anonymous elector’).

(2) An application under subsection (1) shall be made in accordance with Rule 36 of Part VII of the Second Schedule in a form directed by the Minister and shall be evidenced by any of the following:

(a) a specified order within the meaning of the Domestic Violence Act 2018 made in favour of the person applying under subsection (1) or a member of the household of that person that is in force;

(b) an order under section 10 (3) of the Non-Fatal Offences against the Person Act 1997 made in favour of the person applying under subsection (1) or a member of the household of that person that is in force;

(c) an harassment order under section 46 of the Criminal Law (Sexual Offences) Act 2017 made in favour of the person applying under subsection (1) or a member of the household of that person that is in force;

(d) a declaration by a qualified person, in the form provided under Rule 36 of Part VII of the Second Schedule, stating that, in the opinion of that person, the personal safety of the person applying under subsection (1) or a member of the household of that person would be at risk if the register published or made available for inspection by the registration authority contained the name and address of the person.

(3) Where the registration authority is satisfied that the requirements of this section and Rule 36 of Part VII of the Second Schedule have been met, it shall—

(a) notify the applicant of its decision,

(b) direct that the name and address of the person shall not be published or made available for inspection, and

(4) Where the registration authority is not satisfied that the requirements of this section and Rule 36 of Part VII of the Second Schedule have been met, it shall refuse the application and notify the applicant of its decision, the reasons for the decision and of the applicant’s right to appeal the decision to the county registrar in accordance with Rule 39 of Part VIII of the Second Schedule.

(6) (a) The Minister shall—

(i) not later than 3 years after the coming into operation of section 93 of the Electoral Reform Act 2022, carry out or cause to be carried out a review of the operation of this section, and

(b) In carrying out a review under this section, the Minister or such person as the Minister shall cause to carry out the review, shall consult with registration authorities and such other persons as the Minister or person carrying out the review considers appropriate for the purposes of the review.

(7) In this section, ‘qualified person’ means—

(a) a member of the Garda Síochána not below the rank of superintendent, or

(b) a registered medical practitioner.”.

Amendment of section 17 of Act of 1992

94. (1) Section 17 of the Act of 1992 is amended in subsection (2)—

(a) in paragraph (a)—

(i) by the substitution of “an illness or disability” for “a physical illness or physical disability”, and

(ii) by the substitution of “illness or disability” for “physical illness or physical disability”,

and

(b) in paragraph (b), by the deletion of “physical” in both places where it occurs.

(2) Section 17 of the Act of 1992 (as amended by subsection (1)) is amended—

(a) by the substitution of the following subsection for subsection (2):

“(2) The registration authority shall enter in the special voters list the name of every elector who applies to be so entered in accordance with Rule 19 of Part III of the Second Schedule and who satisfies the registration authority that he or she is ordinarily resident in a hospital or in a home or similar institution for persons with an illness or disability and is unable to go in person to vote at the polling place for that elector’s polling district by reason of his or her illness or disability.”,

(b) by the substitution of the following subsection for subsection (4):

“(4) An application to be entered in the special voters list shall be made in accordance with Part III of the Second Schedule.”,

and

“(6) An application to be entered in the special voters list received on a date that is a date on or after—

(a) the third day after the date of dissolution of the Dáil in the case of a general election,

(b) the third day after the date of the making of the order appointing polling day in the case of a Dáil bye-election, or

(c) the twenty-first day (disregarding any excluded day) before polling day in the case of a presidential, European or local election, or a referendum,

shall have no effect in relation to that election or referendum, as the case may be.”.

Pending elector list

95. The Act of 1992 is amended by the insertion of the following section after section 17:

“17A. (1) Each registration authority shall prepare and maintain a list of persons specified in subsection (3) in its registration area and the list shall be referred to in this Act as the “pending elector list”.

(2) A registration authority and the Designated Registration Authority shall ensure that the pending elector list shall not—

(a) be included in the register of electors,

(b) be published, as a separate list or otherwise,

(d) be available for inspection.

(3) Subject to subsection (4), a registration authority shall enter the name of a person on the pending elector list where—

(a) the person has reached 16 years but has not reached 18 years and who, otherwise than in relation to his or her age, meets the requirements of section 7, 8, 9 or 10, as the case may be, and

(b) the person applies to the registration authority to be entered in the pending elector list in accordance with Rule 38 of Part VII of the Second Schedule in a form directed by the Minister.

(4) Where the name of a person is entered on the pending elector list in accordance with subsection (3), the registration authority—

(a) (i) shall enter the name of the person on the register of electors prepared and maintained under section 13 from the day on which the person reaches 18 years, or

(ii) shall if an order appointing polling day is made in the case of a Dáil, presidential, European or local election or a referendum and the person will reach 18 years on a day that falls during the period beginning on the last day on which applications for entry in the register can be received and ending on polling day in the case of such an election or referendum, enter the name of the person on the register of electors published for the purpose of the election or referendum, as the case may be, or both that election and referendum, in respect of which the order appointing polling day was made,

and

(b) where paragraph (a) applies, remove the name of the person from the pending elector list.”.

Amendment of section 19 of Act of 1992

96. Section 19 of the Act of 1992 is amended by the deletion of “in force at the time of the revision and in every such register coming into force subsequent to such revision.”.

Amendment of section 20 of Act of 1992

97. Section 20 of the Act of 1992 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) Each registration authority shall, in accordance with this Part and the Second Schedule—

(a) maintain the register of electors by—

(i) entering on the register the names of persons entitled to be registered as electors,

(ii) removing from the register the names of persons not entitled to be registered as electors,

(iii) updating such details as may be necessary, and

(iv) correcting details that are found to be erroneous, as may be necessary,

to ensure a complete and accurate register of electors, and

(b) subject to section 15E(3)(b), make available for inspection the register.”,

(b) in subsection (4)(b), by the substitution of “maintaining and publishing” for “preparing and publishing”, and

(i) in paragraph (a), by the substitution of “maintaining and publishing” for “preparing and publishing”,

(ii) by the substitution of the following paragraph for paragraph (b):

“(b) Without prejudice to the generality of paragraph (a), the Minister may under this subsection cause a greater proportion of the cost of maintaining, updating and publishing the register to be borne by the registration authority than that provided for under subsection (4) if, in the opinion of the Minister, there are deficiencies attributable to the registration authority in the register.”,

and

(iii) in paragraph (c), by the substitution of “maintaining and publishing” for “preparing and publishing”.

Oversight and reporting

98. The Act of 1992 is amended by the insertion of the following section after section 20:

“20A. (1) Each registration authority shall, on an annual basis and by such date as may be specified to it by An Coimisiún Toghcháin, submit a report to An Coimisiún which shall include the following:

(a) information on the activities undertaken and measures applied by the registration authority in the preceding calendar year to ensure the maintenance of a complete and accurate register of electors for its registration area;

(b) information on the activities undertaken and measures applied by the registration authority under paragraph (a) in the preceding calendar year to evaluate whether, and if so, how, those activities and measures have contributed to the maintenance of a complete and accurate register of electors for its registration area;

(c) such other matters as may be directed by An Coimisiún in relation to the performance of the functions of a registration authority.

(2) A registration authority may make arrangements with another registration authority or other registration authorities to submit a report jointly with that authority or those authorities for the purpose of discharging its duties under subsection (1).”.

Amendment of section 21 of Act of 1992

99. Section 21 of the Act of 1992 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) An appeal shall lie to the Circuit Court against any decision by a county registrar on an appeal made to him or her in accordance with Rule 39 of Part VIII of the Second Schedule.”,

(b) in subsection (2)—

(i) by the substitution of “a person” for “a claimant or objector or applicant”, and

(ii) by the substitution of “his or her appeal decided” for “his claim or objection or application decided”,

and

(c) in subsections (3) and (5), by the substitution of “Court of Appeal” for “Supreme Court” in each place where it occurs.

Third party claims

100. The Act of 1992 is amended by the insertion of the following section after section 21:

“21A. (1) Where a person, on inspecting the register of electors has, on reasonable grounds, formed an opinion that information in the register or an entry in the register relating to details of an elector is or are inaccurate, the person may submit a third party claim to the registration authority in a form directed by the Minister.

(2) On receipt of a third party claim, the registration authority may make such inquiries as it considers necessary to satisfy itself as to the correctness of the information in the third party claim having regard to the relevant entry in the register and determine what action, if any, it should take in respect of the claim, and shall inform the claimant and any person who in the opinion of the registration authority may be affected by the proposed action, if any, it proposes to take as a consequence of the claim.

(3) Rule 7 of Part I of the Second Schedule shall apply to third party claims and any inquiries or action taken or proposed to be taken (if any) by a registration authority, and any notice to the claimant or any party affected by any action or proposed action by a registration authority under this section.”.

Amendment of section 46 of Act of 1992

101. Section 46 of the Act of 1992 is amended—

(a) in subsection (6)—

(i) in paragraph (a)(i), by the deletion of “in force”,

(ii) in paragraph (d), by the deletion of “subject to paragraph (e)”, and

(iii) by the deletion of paragraph (e),

and

(b) in subsection (7), by the deletion of “a supplement to”.

Amendment of section 78 of Act of 1992

102. Section 78 of the Act of 1992 is amended by the insertion of the following definitions:

“‘relevant official in the place where the special voter is ordinarily resident’ means the person in charge of the place where the special voter is ordinarily resident or any person authorised by the person in charge who is employed in the place where the special voter is ordinarily resident, but the person shall not be the same person as the person appointed as special presiding officer (if any) under section 80(1);

‘person in charge’ means the owner or operator of the place where the special voter is ordinarily resident or the person under whose direction and control the activities at that place are being conducted;”.

Provision of postal vote to special voter in certain circumstances

103. The Act of 1992 is amended—

(a) by the insertion of, in Part XIV, the following section after section 84:

“84A. Where a person is entered on the special voters list under section 17 but the place where the special voter is ordinarily resident is not accessible to the special presiding officer and as a consequence the special voter would be unable to vote at the poll at the election in accordance with section 82, the returning officer for the constituency in which the special voter is ordinarily resident shall, as circumstances may require—

(a) issue a postal vote to that special voter as if that voter was a postal voter entered on the postal voters list under section 14(d) and in that case Part XIII shall apply, or

(b) apply this Part to voting by that special voter with the modification that references in this Part to ‘member of the Garda Síochána’ shall be read as references to ‘relevant official in the place where the special voter is ordinarily resident’.”,

and

(b) in section 84A(a) (as inserted by paragraph (a)), by the substitution of “section 14(1)(d)” for “section 14(d)”.

Amendment of section 99 of Act of 1992

104. Section 99 of the Act of 1992 is amended in subsection (2)—

(a) in paragraph (a), by the deletion of—

(i) “a supplement to”, and

(ii) “which the registration authority is empowered to prepare and publish in accordance with section 15A”,

(b)(i) by the substitution of the following paragraph for paragraph (c):

“(c) Rule 33 (other than paragraphs (6) and (7)) and Rule 34(1) and (2) of Part VI of the Second Schedule shall apply to an application to be entered in the postal voters list under paragraph (a) as if references to section 14 and to section 14(a), (b) or (c) were references to section 99(2)(a).”,

(ii) in paragraph (c) (as amended by subparagraph (i)), by the substitution of “section 14(1)(a), (b) or (c)” for “section 14(a), (b) or (c)”,

and

Amendment of section 133 of Act of 1992

105. Section 133 of the Act of 1992 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) Any person who knowingly furnishes false information in any application under section 14, 15D, 15E, 17 or 17A or under the Second Schedule including a third party claim or, being required pursuant to the Second Schedule to give any information in his or her possession which a registration authority or county registrar may require for the purposes of their duties, fails or refuses to give the information or knowingly gives false or misleading information, shall be guilty of an offence.”,

(b) in subsection (2), by the substitution of the following paragraph for paragraph (d):

“(d) uses or causes to be used, or permits without lawful authority or excuse another person to use, information contained in the register maintained and updated under Part II for a purpose other than electoral or other statutory purposes,”,

and

(i) in paragraph (a), by the substitution of “any notice, copy of the register of electors or other document” for “any notice, draft register, copy of the register of electors, electors lists or other document”, and

(ii) in paragraph (b), by the deletion of “draft register,”.

Amendment of Second Schedule to Act of 1992

106. The Act of 1992 is amended in the Second Schedule—

(a) in Part I—

(i) by the substitution of the following Rule for Rule 1:

“Register, published register and closing date for registration

1. (1) The register shall be the register of electors including the postal voters list and the special voters list as maintained and updated by a registration authority in accordance with this Schedule and, notwithstanding the omission of their names and addresses from the register under section 15E(3)(b), shall include anonymous electors by such reference as the registration authority considers appropriate.

(2) The register shall be deemed closed from the fourteenth day before polling day (disregarding any excluded day) at an election or referendum, and an application by a person under Part II of this Act, including an application to have his or her name entered in the register, received by the registration authority on or after that fourteenth day (disregarding any excluded day) before polling day shall have no effect in relation to that election or referendum.

(3) The register in force at an election or referendum shall be the register published after the fourteenth day before polling day (disregarding any excluded day) at that election or a referendum and shall include the names of persons (if any) whose applications to be entered in the register were received before that fourteenth day before polling day (disregarding any excluded day) and allowed by the registration authority, or on appeal by the county registrar and, notwithstanding the omission of their names and addresses from the register under section 15E(3)(b), anonymous electors by such reference as the registration authority considers appropriate.

(4) Where the date on, or by reference to, which any act or thing is required by this Schedule to be performed or done falls on an excluded day that act or thing shall be done on or by reference to the next following day which is not an excluded day.”,

(ii) in Rule 2—

(I) in paragraph (1), by the deletion of “the qualifying date for”, and

(II) by the substitution of the following paragraph for paragraph (2):

“(2) The names in the register for a registration area shall be arranged under polling districts and—

(a) if the registration area is a city council, shall be arranged in street order unless the registration authority considers that, having regard to the general character of any part of the area, arrangement in street order for that part is inappropriate,

(b) if the registration area is a county council, shall be arranged alphabetically in townland order unless the registration authority considers that, having regard to the general character of any part of the area, arrangement in street order or in any other order is possible and convenient, and

(c) if the registration area is a city and county council, shall be arranged in street or townland order, having regard to the general character of any part of the area, as considered appropriate by the registration authority.”,

(iii) by the deletion of Rule 4,

(iv) by the substitution of the following Rule for Rule 5:

“Maintaining and updating register

5. (1) In order to maintain and update the register, in accordance with section 20, each registration authority shall make sufficient inquiries in their registration area in accordance with this Rule.

(2) For the purposes of paragraph (1), each registration authority may do any one or more of the following:

(a) conduct house to house inquiries;

(b) by means of public notice or public meeting, invite persons to check, submit or update their details, as the case may be;

(c) undertake any other activity the authority considers appropriate to gather such information or invite individuals to participate in the gathering of such information.

(3) A registration authority may, for the purposes of its duties in relation to the maintenance and updating of the register require a person—

(a) to provide any information in his or her possession which the registration authority may require,

(b) without prejudice to the generality of subparagraph (a), to provide in respect of his or her own registration—

(i) a personal public service number, if a person has one,

(ii) address and Eircode, in respect of his or her address, and

(iii) his or her date of birth,

(c) to produce his or her certificate of birth, or, if that is not practicable, make a statutory declaration as to his or her age,

(d) to produce proof of his or her address, or if that is not practicable, make a statutory declaration that he or she is ordinarily resident at the address he or she has provided,

(e) to provide documentary evidence or make a statutory declaration that he or she is a person entitled to be registered as a Dáil elector under section 8,

(f) to produce a certificate of naturalisation, a valid passport issued by the Minister for Foreign Affairs or make a statutory declaration that he or she is a citizen of Ireland, or

(g) to produce a valid passport or national identity card issued by the authorities of a Member State (other than the State) or make a statutory declaration that he or she is a national of such a Member State,

and where a statutory declaration is so required, any fees payable in connection with such a declaration shall be paid by the authority requiring it.

(4) Subject to section 15E, the registration authority shall, during office hours, allow any person, for any purpose connected with the registration of electors, to inspect and take a copy of any declaration furnished under subparagraphs (c) to (g) of paragraph (3) but not the documentary evidence on which the declaration is based.

(5) The registration authority may require an tArd-Chláraitheoir to furnish information in connection with deaths of persons in the registration area of the registration authority and the authority may use such information to update the register.

(6) In this Rule—

‘certificate of birth’ means:

(a) a document issued under section 13 (4) of the Civil Registration Act 2004 in respect of an entry in the register of births;

(b) a certified copy of an entry in the Adopted Children Register maintained under section 22 of the Adoption Act 1952 which is issued under subsection (11) of that section;

(c) a document purporting to be a copy of an entry in a foreign births entry book or in the foreign births register, both of which are kept under section 27 of the Irish Nationality and Citizenship Act 1956 , and which is duly authenticated as such;

(d) a document purporting to be a copy of an entry in the Register of Foreign Adoptions issued under section 6 (7) of the Adoption Act 1991; or

(e) a document issued in accordance with a civil system of registration of births in the place where the birth occurs;

‘Member State’ means a Member State of the European Union.”,

(v) by the deletion of Rule 6,

(vi) by the substitution of the following Rule for Rule 7:

“Third party claims in relation to the register

7. (1) Any person may claim to have a correction made in the register, including in particular a claim to have the name of a person entered on or removed from the register.

(2) A claim submitted under this Rule on or after the closing date in respect of an election or referendum shall have no effect in respect of the register in force for that election or referendum.

(3) The registration authority shall, on the application of any person, supply forms on which third party claims may be made.

(4) A claim shall include the name, address and contact details of the claimant, details of information relevant to the claim and the grounds on which the claim has been made and such other information in relation to the claim as the registration authority may reasonably require to be provided by the claimant.

(5) The registration authority shall prepare and make available for inspection a list of claims received in the previous month in such form as may be directed by the Minister.

(6) Subject to section 15E, the registration authority shall, during office hours, allow any person, for any purpose connected with the registration of electors, or who, in the opinion of the authority, may be affected by the claim, to inspect and take a copy of a claim or extracts from a claim or may provide to such a person copies of a claim.

(7) The registration authority shall, on receipt of a claim—

(a) make such inquiries as it considers necessary and appropriate for the purpose of considering the claim, and paragraphs (2), (3) and (5) of Rule 5 shall apply in relation to the consideration of such claims, and

(b) notify the claimant and any other person who, in the opinion of the authority, may be affected by or interested in, the claim, of the process to be followed.

(8) The registration authority shall, as soon as practicable, consider any claim and determine what action, if any, it should take in respect of the claim and decide—

(a) subject to paragraphs (3) and (4) of Rule 10, to amend the register by proposing to remove the name of a person from the register,

(b) to amend the register to correct information other than by proposing to remove the name of a person from the register, or

(9) The registration authority shall make its decision within 4 weeks from the date of receipt of the claim and shall, as soon as practicable, inform the claimant and any person who, in the opinion of the registration authority, may be affected by its decision and of the action it proposes to take as a consequence of its decision and of the right of the person affected to appeal the decision to the county registrar in accordance with Rule 39.

(10) Where a claim relates to any person whose name the claimant considers should be entered in the register, the registration authority shall, where it considers it appropriate, provide information and the appropriate forms to any person referred to in the claim which the person may use to apply to be included on the register in accordance with section 15D.

(11) A person affected by the decision of a registration authority under—

(a) paragraph (8)(a), or

(b) paragraph (8)(b) other than where the decision concerns the correction of an inaccuracy which does not involve a change of substance or the deletion of the name of a person who is deceased,

may appeal the decision to the county registrar in accordance with Rule 39.

(12) A decision of the registration authority under subparagraphs (a) or (b) of paragraph (8) shall take effect on the expiration of the period of time for the making of an appeal under Rule 39 or, where applicable, section 21.”,

(vii) by the deletion of Rule 8,

(viii) in Rule 9—

(I) by the substitution of the following paragraph for paragraph (2):

“(2) The county registrar, if it appears to him or her that the register should be corrected in any respect, may himself or herself make a claim for a correction.”,

and

(II) by the insertion of the following paragraph after paragraph (3):

“(4) Where a county registrar (the ‘first county registrar’) has made a claim for a correction under this Rule, any appeal of such a claim shall be considered and determined by a county registrar in an adjacent registration area (the ‘second county registrar’) and the first county registrar shall make such arrangements with a second county registrar as may be necessary to transfer such appeals to the county registrar to enable him or her to consider and determine that appeal.”,

(ix) by the substitution of the following Rule for Rule 10:

“Correction of register by registration authority

10. (1) The registration authority shall take steps to ascertain if any corrections in the register are necessary because of errors of a clerical or typographical nature or because of misnomers or inaccurate descriptions and, if any such corrections are considered to be necessary, the registration authority shall correct the register accordingly and make available for inspection a list of corrections made in the previous month.

(2) The registration authority shall make any corrections by way of the removal of duplicate entries (subject to any expression of choice in accordance with section 11(1)(b) by any person affected by those entries), the deletion of the names of persons who are deceased, or the placing of marks or the correction of marks placed against the name of an elector, or otherwise as may be necessary in order to ensure that—

(a) a person is not registered as an elector more than once, and

(b) the register is complete and accurate.

(3) Where a registration authority considers it necessary under paragraph (2), in order to ensure a complete and accurate register, to remove a name, other than that of a deceased person, from the register, it shall make not less than 3 documented attempts at contacting the person concerned giving appropriate notice and clear information on how to update the register under section 15D(2) should the person wish to do so.

(4) On the third documented attempt at contacting a person whose name the registration authority considers should be removed from the register under paragraph (3), the authority shall provide a notice to the person informing him or her of the date on which the decision to remove his or her name from the register shall take effect and that the person may appeal the decision to the county registrar in accordance with Rule 39.

(5) A registration authority may at any time up to the end of the period within which an appeal may be made withdraw a decision to delete the name of a person from the register.”,

(x) by the substitution of the following Rule for Rule 11:

“Notice and appeal in relation to correction by registration authority

11. (1) Subject to paragraphs (2), (3) and (4) of Rule 10, where the registration authority decides to make any corrections in the register under section 20 and Rule 10(2) (other than to correct an inaccuracy which does not involve a change of substance or the deletion of the name of a person who is deceased), it shall give notice to any person who, in the opinion of the registration authority may be affected by the correction under Rule 10(2) of his or her right to appeal the decision to the county registrar in accordance with Rule 39.

(2) A person affected by the decision of the registration authority under Rule 10(2) may appeal the decision to the county registrar in accordance with Rule 39.

(3) A decision of the registration authority under Rule 10(2) shall take effect on the expiration of the period of time for the making of an appeal under Rule 39 or, where applicable, section 21.”,

(xi) by the deletion of Rule 12,

(xii) by the substitution of the following Rule for Rule 13:

“13. (1) Each registration authority shall, as soon as practicable after the closing date, publish—

(a) the register,

(b) a list of names of electors added to the register since the making of an order—

(i) under section 96(1) in the case of a Dáil election,

(ii) under section 6 of the Presidential Elections Act 1993 in the case of a Presidential election,

(iii) under section 10 (1) of the European Parliament Elections Act 1997 in the case of a European Parliament election,

(iv) under section 10 or 12 of the Referendum Act 1994 in the case of a referendum, or

(v) under section 26 (2) of the Local Government Act 2001 in the case of a local election.

(2) Without prejudice to Rule 25, as soon as may be after the publication of the register in accordance with paragraph (1), the registration authority shall send a copy of the register in electronic format to—

(a) the Minister, if requested, and to the county registrar and each head postmaster in its registration area,

(b) each member of the European Parliament for a European Parliament constituency to which the register relates,

(c) each member of the Dáil for a Dáil constituency to which the register relates and to each member of the Seanad residing in the constituency, and

(d) each member of a local authority for a local electoral area to which the register relates.”,

(xiii) by the substitution of the following Rule for Rule 14:

“14. (1) The registration authority shall make arrangements whereby any person may, during office hours, inspect for purposes connected with the registration of electors a copy of the register maintained under section 13.

(2) The registration authority shall provide to any person at his or her request a copy of the register or the appropriate part thereof on the payment of a fee which shall not exceed the reasonable cost of providing such copy.

(3) Where a registration authority provides to any person a copy of the register, or part thereof, the registration authority shall draw the attention of the person to sections 13D and 133 in relation to the purposes for which the register may be used.

(4) No fee shall be charged by the registration authority for providing on request—

(a) one copy of the register for each Dáil constituency or part of a Dáil constituency or for a local electoral area, as the case may be, in his or her registration area, to—

(i) the local agent of each duly nominated candidate at a presidential election,

(ii) each candidate duly nominated for the constituency at a Dáil election, and

(iii) each candidate duly nominated for the local electoral area at a local election,

(b) one copy of the register for each European Parliament constituency or part thereof contained in the registration area to each candidate duly nominated at a European election for such constituency,

(c) one copy of the register for each Dáil constituency to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency for use by a personation agent appointed by such member of the Dáil or the Seanad or a body declared by An Coimisiún Toghcháin to be an approved body under section 33 of the Electoral Reform Act 2022 at a referendum,

(d) such number of copies of the register for each Dáil constituency or part of a Dáil constituency or for a local electoral area, as the case may be, as the returning officer at a Dáil election or a local election or the local returning officer at a presidential election or a referendum requires for the purpose of his or her duties as returning officer or local returning officer, as the case may be, at that election or referendum,

(e) such number of copies of the register for the registration area or any part thereof as the returning officer or local returning officer at a European election requires for the purpose of his or her duties at that election, and

(f) one copy of the register to the persons referred to in Rule 13(2) for—

(i) each Dáil constituency or part of a Dáil constituency contained in the registration area,

(ii) a European Parliament constituency or part of a European Parliament constituency contained in the registration area, or

(iii) for a local electoral area in the registration area.

(5) The registration authority shall provide, on request and free of charge, a copy, in standard computer medium and format, of any computer data files used in the production of the register to the returning officer at a Dáil election or a local election, the local returning officer at a presidential election or a referendum or the returning officer or local returning officer at a European election as he or she may require for the purposes of his or her duties at that election or referendum, as the case may be.

(6) The registration authority shall supply, free of charge, to the county registrar such number of copies of the register for the registration area as he or she shall require for the purposes of his or her duties as county registrar with respect to that registration area.”,

(b) by the deletion of Part IA,

(i) by the substitution of “due to an illness or disability” for “due to a physical illness or physical disability”,

(ii) by the substitution of “registered medical practitioner” for “medical practitioner”, and

(iii) in subparagraph (a), by the substitution of “illness or disability” for “physical illness or physical disability”,

(d) by the deletion of Part II,

(e) in Part III—

(i) in Rule 19—

(I) in paragraph (c)—

(A) by the substitution of “registered medical practitioner” for “medical practitioner”,

(B) by the substitution of the following subparagraphs for subparagraphs (i) and (ii):

“(i) that the applicant has an illness or disability, and

(ii) that the nature of the illness or disability is such that the applicant is unable to go to a polling station to vote, and”,

and

“(iii) the likely duration of the illness or disability from the date of certification.”,

and

(II) by the deletion of paragraph (d),

(ii) in Rule 21—

(I) by the substitution of “shall arrange annually for the giving of public notice of” for “shall, within the period specified for the purpose in Rule 1, arrange for the giving of public notice of”,

(II) by the substitution of the following paragraph for paragraph (a):

“(a) the categories of electors entitled to be entered in the special voters list or the postal voters list;”,

and

(III) by the substitution of the following paragraph for paragraph (b):

“(b) the manner in which applications must be submitted;”,

(iii) in Rule 23—

(I) in paragraph (1)(ii), by the insertion of “including the duration of any special voting arrangement, where appropriate, having regard to Rule 19(c)(iii)” after “the decision”,

(II) by the substitution of the following paragraph for paragraph (2)(ii):

“(ii) notify the applicant of the decision and the reasons for the decision and of his or her right to appeal the decision to the county registrar in accordance with Rule 39.”,

(III) by the deletion of paragraph (3), and

(IV) by the insertion of the following paragraph after paragraph (3):

“(4) Where an application under section 17 is refused by the registration authority, the applicant may appeal the decision to the county registrar in accordance with Rule 39.”,

(f) in Part IV—

(i) by the substitution of the following Rule for Rule 26:

“26. Any claim, objection, notice or other document or a copy thereof which is required under this Schedule to be sent to any person shall be sufficiently sent if sent—

(a) by such means as indicated by the person for the purpose (including by electronic means if the person has provided details by which he or she may be contacted by electronic means), or

(b) by post to the address of that person as appearing on the register, or if there is no such address, to his or her last known address or place of abode or such address as indicated by that person under section 11(7)(b)(ii).”,

(ii) by the substitution of the following Rule for Rule 27:

“27. An inquiry or request made pursuant to this Schedule by a registration authority or by a county registrar may extend to matters outside the registration area.”,

and

(iii) by the insertion of the following Rule after Rule 27:

“Communication or submission of documents by digital or electronic means

28. In relation to the registration of electors, where it is reasonable and practicable to give public notice of certain matters or where a registration authority has arrangements in place by which forms, information or documents may be submitted by digital or electronic means, which in all other respects meets the requirements of this Schedule, the giving of such notice or the submission of such forms, information or documents may be done by electronic or digital means.”,

(g) by the insertion of the following Part after Part IV:

“PART V

Application for entry in the register of electors

New application for entry in the register

29. (1) An application to be entered on the register of electors under section 15D shall be in a form directed by the Minister and shall include, having regard to Rule 5(3), such information as is necessary to enable the registration authority to carry out its functions.

(2) The application form shall be completed in accordance with the instructions provided on the form and shall be made by the applicant directly to the registration authority for the registration area in which he or she is ordinarily resident and shall include a declaration made by the applicant confirming that the details provided by the applicant are true to the best of his or her knowledge and belief.

(3) Where the registration authority has arrangements in place by which it can verify the identity of an applicant by electronic means, the registration authority shall consider the application in accordance with paragraph (7).

(4) Where the registration authority has arrangements in place by which the identifying particulars of an applicant can be confirmed in accordance with section 13E(2)—

(a) if the identifying particulars can be successfully confirmed, the registration authority shall consider the application in accordance with paragraph (7), or

(b) if the identifying particulars cannot be successfully confirmed, the registration authority shall inform the person and require him or her to complete the procedure in paragraph (5) and resubmit his or her application to the registration authority.

(5) A registration authority shall consider, in accordance with paragraph (7), an application form which is signed by the applicant in the presence of—

(a) a member of the Garda Síochána, or a member of the civilian staff of the Garda Síochána, from the applicant’s local Garda station, or

(b) an official of the registration authority,

who, on being satisfied of the applicant’s identity, including if necessary by the production of photographic identification and any other identity documents that may be requested, shall sign, date and stamp the application form.

(6) Where, due to an illness or disability, the applicant is unable to comply with paragraph (5), the application shall be accompanied by a certificate in the form directed by the Minister from a registered medical practitioner certifying that the applicant is unable to so comply due to his or her illness or disability.

(7) The registration authority shall make such inquiries as it considers appropriate for the purpose of considering and deciding on such an application and paragraphs (2), (3) and (5) of Rule 5 shall apply in relation to the consideration of and decision on the application.

(8) The registration authority shall, as soon as practicable, consider and decide on the application and shall notify the applicant of the decision, and where the application is refused, of his or her right to appeal the decision to the county registrar in accordance with Rule 39.

(9) In paragraph (5), ‘member of the civilian staff of the Garda Síochána’ means a person appointed under section 19 (1) of the Garda Síochána Act 2005 or designated under section 19(5) of that Act and, on being so designated, transferred to and having become a member of the civilian staff of the Garda Síochána.

Change of name or address of registered electors

30. (1) Notwithstanding sections 7(1)(b), 8(1)(b), 9 and 10 and subject to section 11(1)(a), a person who is registered as an elector shall apply in a form directed by the Minister—

(a) where he or she has taken up ordinary residence in another constituency or local electoral area, to the registration authority in the constituency in which he or she has taken up ordinary residence to have his or her name entered in the register in respect of that registration area, or

(b) where his or her name or address have changed (other than a change to which subparagraph (a) applies) since his or her previous entry on the register, to the registration authority to have his or her details updated.

(2) The application form shall be completed in accordance with the instructions provided on the form and shall include a declaration made by the applicant confirming that the details provided by the applicant are true to the best of his or her knowledge and belief.

(3) The application form shall contain—

(a) the information required pursuant to Rule 29(1),

(b) the former address or addresses and Eircodes in respect of the applicant’s former address or addresses as may be required, and

(c) such other information as is necessary to enable the registration authority to carry out its functions, and paragraphs (3), (4) or (5) of Rule 29 shall apply with respect to the application, as the case may require.

(4) An applicant referred to in paragraph (1)(a) shall satisfy the registration authority that he or she has taken up ordinary residence in the constituency or local electoral area with respect to which the application relates and, in considering the application, the registration authority may require the applicant to furnish proof of address, or where that is not possible, a statutory declaration that he or she has taken up ordinary residence in the constituency or local electoral area concerned.

(5) A registration authority shall, on receipt of an application referred to in paragraph (1), having carried out its functions under paragraph (3) and being satisfied as to the information provided, do one or more of the following, as the case may require:

(a) enter the applicant’s name on the register for the registration area concerned;

(b) update details of the applicant’s address at which he or she has taken up ordinary residence in the registration area of the registration authority concerned;

(c) where the name of the applicant has changed, update the applicant’s name on the register in the registration area of the registration authority concerned;

(d) where the address at which the applicant was ordinarily resident was in the registration area of another registration authority, provide the applicant’s details (including his or her name and former address in the registration area in which the applicant was ordinarily resident and current address at which he or she has taken up residence) to that registration authority and inform it that the applicant has been added to the register in the registration area in which the applicant has taken up ordinary residence.

(6) Where a registration authority receives notification from another registration authority under paragraph (5)(d) that a person was ordinarily resident in the registration area of the first-mentioned registration authority but the person has taken up ordinary residence in the registration area of the other registration authority, the first-mentioned registration authority shall remove the name of the person from the register of electors in respect of its registration area.

(7) The registration authority shall, as soon as practicable, consider and decide on the application and shall notify the applicant of the decision, and where the application is refused, of his or her right to appeal the decision to the county registrar in accordance with Rule 39.

Change of details regarding citizenship

31. (1) Notwithstanding sections 7(1)(a), 8(1)(a) and 9 and subject to section 11(1)(a)—

(a) a person who is registered as an elector in a constituency or local electoral area as a local or European elector, or as a Dáil elector under section 8(2), and who becomes a citizen of Ireland shall, in a form directed by the Minister, apply directly to the registration authority for the registration area in which he or she is ordinarily resident to have his or her name entered in the register of presidential electors, and

(b) a person who is registered as an elector and who becomes a citizen of a state other than Ireland shall, in a form directed by the Minister, apply directly to the registration authority for the registration area in which he or she is ordinarily resident to have the relevant information held by the registration authority in respect of him or her updated.

(2) The application form shall contain such information as required pursuant to Rule 29(1), details of the applicant’s previous nationality and other information as is necessary to enable the registration authority to carry out its functions in accordance with paragraphs (3), (4) or (5) of Rule 29, as the case may require.

(3) The application form shall be completed in accordance with the instructions provided on the form and shall include a declaration made by the applicant confirming that the details provided by the applicant are true to the best of his or her knowledge and belief.

(4) (a) An applicant referred to in paragraph (1)(a) shall satisfy the registration authority that he or she is an Irish citizen by providing to the registration authority such information and documents as the authority may require, which may include a certificate of naturalisation or a valid passport issued by the Minister for Foreign Affairs or make a statutory declaration that he or she is a citizen of Ireland, to enable the registration authority to satisfy itself that the person is a citizen of Ireland.

(b) An applicant referred to in paragraph (1)(b) shall satisfy the registration authority that the information provided to the authority is correct and shall provide to the authority such further information and documents as the authority may require, having regard to Rule 5(3).

(5) The registration authority, on receipt of an application under paragraph (1)(a) and on being satisfied under paragraph (4)(a) that the applicant is a citizen of Ireland, shall remove the name of the person from the register of local, European or Dáil electors, as appropriate, and include his or her name in the register of electors as a presidential elector.

(6) The registration authority, on receipt of an application under paragraph (1)(b) and on being satisfied, under paragraph (4)(b) that the information provided to the authority is correct, shall update the relevant information held by the registration authority in respect of him or her.

(h) by the insertion of the following Part after Part V:

“PART VI

Postal voters list

32. The registration authority shall prepare and maintain a separate list in such form as may be directed by the Minister for the whole registration area or, where the area includes all or part of more than one constituency, for each constituency or part of a constituency in the registration area, of persons entitled to vote as postal voters but, in doing so, shall not remove the names of those voters from the register.

Application for entry in the postal voters list

33. (1) A person who is not entered in the postal voters list may apply, under section 14, to be entered in the postal voters list in accordance with this Rule.

(2) An applicant shall apply to the registration authority for the registration area in which he or she is ordinarily resident to have his or her name entered in the postal voters list in a form directed by the Minister.

(3) The application form shall be completed in accordance with the instructions provided on the form.

(4) The registration authority shall consider an application under paragraph (1) and shall satisfy itself that an applicant—

(a) is a person to whom section 14 applies,

(b) has duly completed his or her application form, and

(5) Where the registration authority is satisfied as to the matters referred to in paragraph (4), it shall grant the application and mark the application form accordingly and shall notify the applicant of its decision including the duration of any postal voting arrangement and having regard to Rule 35, where appropriate.

(6) Where the registration authority is not satisfied as to all or any of the matters referred to in paragraph (4), it shall refuse the application and mark the application form accordingly and shall notify the applicant of its decision and the reasons for the decision and inform the applicant that he or she may appeal the decision to the county registrar in accordance with Rule 39.

(7) Where an application under section 14 and this Rule is refused by the registration authority under paragraph (6), the applicant may appeal the decision to the county registrar in accordance with Rule 39.

Supplemental provisions for applications to be entered in the postal voters list pursuant to section 14(a), (b) or (c)

34. (1) An applicant who applies to be entered on the postal voters list under section 14(a), (b) or (c) shall provide, on request in writing, to the registration authority any information or documents in his or her possession or procurement which the registration authority may require from him or her to enable the authority—

(a) to satisfy itself that the applicant is a person to whom section 14(a), (b) or (c) applies, as the case may be, or

(b) with respect to that application to carry out its functions in relation to the preparation of the postal voters list.

(2) Whenever a registration authority requires, under paragraph (1), information or documents from an applicant, the applicant shall provide the authority with the information or documents within the time specified in the request (being not less than 7 days from the day on which the request is made) or such further period as may be extended by the authority and, if the applicant does not provide the information or documents, or both as the case may be, required by the authority within the time so specified, his or her application to be entered in the postal voters list shall be deemed to have been withdrawn.

(3) A reference in this Rule to ‘section 14(a), (b) or (c) ’ shall on and from the coming into operation of section 90 (2) of the Electoral Reform Act 2022 be construed as ‘section 14(1)(a), (b) or (c) ’.

Supplemental provisions for applications to be entered in the postal voters list under section 14(d)

35. (1) Subject to paragraph (2), an applicant who applies to be entered on the postal voters list under section 14(d) shall provide, on request in writing, to the registration authority any information or documents in his or her possession or procurement which the registration authority may require from him or her to enable the authority—

(a) to satisfy itself that the applicant is a person to whom section 14(d) applies, or

(b) with respect to that application to carry out its functions in relation to the preparation of the postal voters list.

(2) Without prejudice to the generality of paragraph (1), an applicant shall, in the case of the first such application by the applicant, and in the case of subsequent applications whenever required by the registration authority, provide to the authority in support of his or her application a certificate, in a form directed by the Minister, from a registered medical practitioner certifying—

(a) that the applicant has an illness or disability,

(b) that the nature of the illness or disability is such that the applicant is unable to go in person to vote at the polling place for his or her polling district, and

(3) Whenever a registration authority requires, under paragraph (1), information or documents from an applicant, the applicant shall provide the authority with the information or documents within the time specified in the request (being not less than 7 days from the day on which the request is made) or such further period as may be extended by the authority and, if the applicant does not provide the information or documents, or both as the case may be, required by the authority within the time so specified, his or her application to be entered in the postal voters list shall be deemed to have been withdrawn.

(4) Where, on the date of the application under section 14(d) in accordance with paragraph (1), the applicant is entered in the special voters list, the application shall be deemed not to be a first application for entry in the postal voters list for the purposes of paragraph (1).

(5) A reference in this Rule to ‘section 14(d)’ shall on and after the coming into operation of section 90 (2) of the Electoral Reform Act 2022 be construed as ‘section 14(1)(d)’.”,

(i) by the insertion of the following Part after Part VI:

“PART VII

Anonymous electors, applications under section 11(7) and pre-registration of persons aged 16 years but less than 18 years

Anonymous electors

36. (1) An application to be entered on the register of electors under section 15E shall be in a form directed by the Minister and shall be made by the applicant directly to the registration authority for the registration area where he or she is ordinarily resident.

(2) An application to be entered on the register as an anonymous elector shall—

(a) be in writing on the appropriate form,

(b) state the applicant’s full name,

(d) state the reason for the application,

(e) state the date of the application, and

(f) be signed by the applicant.

(3) The application shall be supported by the evidence specified in section 15E(2), which shall be submitted with the application.

(4) Where the supporting evidence referred to in paragraph (3) relates not to the applicant but to another person who is a member of the applicant’s household, the application must be accompanied by evidence that that person is a member of the applicant’s household.

(5) The application form shall be completed in accordance with the instructions provided on the form and shall include a declaration made by the applicant confirming that the particulars provided by the applicant in accordance with paragraph (2), the supporting evidence submitted with the application referred to in paragraph (3), and if applicable, evidence that the person referred to in paragraph (4) is a member of the applicant’s household, are true to the best of the applicant’s knowledge and belief.

(6) A declaration by a qualified person under section 15E(2)(d) shall—

(a) be in writing in a form directed by the Minister,

(b) state the full name of the qualified person,

(d) state the work address of the qualified person,

(e) be signed by the qualified person, and if—

(i) the person is a member of the Garda Síochána, state his or her rank and number, or

(ii) the person is a registered medical practitioner, state his or her Medical Council number,

and

(f) state the date on which the declaration was signed.

Applications from electors in accordance with section 11(7)

37. (1) An application to be entered on the register of electors in accordance with section 11(7) shall be in a form directed by the Minister and shall be made by the applicant directly to the registration authority for the registration area in which the applicant is ordinarily resident as provided for under that provision.

(2) The application form shall be completed by the applicant in accordance with the instructions provided on the form and, where necessary and appropriate and insofar as reasonable and practicable, the registration authority shall assist the applicant to complete the form and make the application under paragraph (1).

(3) The registration authority shall consider an application under paragraph (1) and shall satisfy itself that an applicant—

(a) is a person to whom section 11(7) applies, and

(b) has duly completed his or her application form.

(4) Where the registration authority is satisfied as to the matters referred to in paragraph (3), it shall grant the application and mark the application form accordingly and shall notify the applicant of its decision to enter him or her on the register of electors in accordance with section 11(7).

(5) Where the registration authority is not satisfied as to all or any of the matters referred to in paragraph (3), it shall refuse the application and mark the application form accordingly and shall notify the applicant of its decision and the reasons for the decision and inform the applicant that he or she may appeal the decision to the county registrar in accordance with Rule 39.

(6) Where an application made in accordance with this Rule is refused by a registration authority, the applicant may appeal the decision to the county registrar in accordance with Rule 39.

Pending elector list

38. (1) An application to be entered on the pending electors list under section 17A shall be in a form directed by the Minister and shall include, having regard to Rule 5(3), such information as is necessary to enable the registration authority to carry out its functions.

(4) Where the registration authority has arrangements in place by which the identifying particulars of an applicant can be confirmed in accordance with section 13E(2)—

(a) if the identifying particulars can be successfully confirmed, the registration authority shall consider the application in accordance with paragraph (7), or

(b) if the identifying particulars cannot be successfully confirmed, the registration authority shall contact the person and require him or her to complete the procedure in paragraph (5) and resubmit his or her application to the registration authority.

(5) A registration authority shall consider in accordance with paragraph (7) an application form which is signed by the applicant in the presence of—

(a) a member of the Garda Síochána, or a member of the civilian staff of the Garda Síochána, from the applicant’s local Garda station, or

(b) an official of the registration authority,

(6) Where, due to an illness or disability, the applicant is unable to comply with paragraph (5), the application shall be accompanied by a certificate in a form directed by the Minister from a registered medical practitioner certifying that the applicant is unable to so comply due to his or her illness or disability.

(8) The registration authority shall, as soon as practicable, consider and decide on the application and shall notify the applicant of the decision, and where the application meets the requirements of section 17A and this Rule, the name of the applicant shall be included on the pending elector list.

and

(j) by the insertion of the following Part after Part VII:

“PART VIII

Appeal to county registrar

39. (1) Subject to paragraphs (2) and (3), the county registrar shall consider and determine all appeals against decisions of a registration authority made in writing to him or her, including where Rule 9(4) applies, appeals transferred to him or her from the county registrar of an adjacent registration area, under sections 15D, 15E and Rules 7, 11, 23, 33 and 37.

(2) (a) Subject to subparagraph (b), an appeal to the county registrar under paragraph (1) shall be made within 4 weeks from the date of the decision of the registration authority.

(b) Where an order appointing a polling day in an election or referendum has been made, the county registrar shall, as soon as possible after the making of that order, give public notice of the latest dates for the receipt of appeals under paragraph (1) in order for the appeal to be considered by him or her prior to the election or referendum, or both, as the case may be, and the place where the appeal shall be considered, and where the appeal relates to applications for postal voting or special voting, the date shall be not less than 2 days after the last day for making such applications as specified in section 14(2) or section 17(2), as the case may be, in respect of that election or referendum, and any appeals received after that date shall not be considered by the county registrar until after polling day for that election or referendum.

(3) Subject to paragraph (4), before considering an appeal in relation to the deletion of the name of a person from the register the county registrar shall, except where he or she is satisfied that the person is deceased, give not less than 5 clear days’ notice to the appellant and any other person who, in the opinion of the county registrar, may be interested, of the time and place at which the appeal will be considered by him or her.

(4) If the county registrar is satisfied that an appeal, other than an appeal in relation to the deletion of the name of a person from the register, should not be allowed without inquiry, he or she shall give not less than 5 clear days’ notice to the appellant and any other person who, in the opinion of the county registrar, may be interested, of the time and place at which the appeal will be considered by him or her.

(5) Before determining an appeal made to him or her under paragraph (1), the county registrar may make such further inquiry as he or she may consider necessary and may require any person to give any information in his or her possession which the county registrar considers necessary for the purpose of carrying out his or her functions under this Rule.

(6) The county registrar may require any officer of a registration authority or any person whose duty it is to make a house to house or other inquiry under Rule 5 to attend at such times and at such place as he or she may consider necessary for the purpose of enabling him or her to decide any appeal.

(7) The county registrar may, on consideration of any appeal, require that the evidence tendered by any person should be given on oath or affirmation and may administer an oath or affirmation for that purpose.

(8) The appellant and any other person who, in the opinion of the county registrar, may be interested, may appear and be heard, either in person or by any other person on his or her behalf, at the hearing of the appeal by the county registrar.

(9) The county registrar shall consider the appeal and make his or her decision within a reasonable period from the date of receipt of the appeal and shall inform, as soon as practicable after the making of the decision, the appellant and the registration authority and any person who, in the opinion of the registration authority may be interested—

(a) of the decision, and

(b) where the appeal is refused, of the right of appeal against the decision to the Circuit Court under section 21.

(10) (a) Where the decision of the county registrar under paragraph (9) is to allow the appeal, the registration authority shall take such action, if any, as is necessary to give effect to the decision as soon as practicable after notification to it of the decision.

(b) Subject to section 21(4), where the decision of the county registrar under paragraph (9) is to refuse the appeal, the decision shall take effect on the expiration of the period of time for the making of an appeal under section 21.”.