Elections
ELECTORAL ACT, 1992 (as enacted)
AN ACT TO PROVIDE FOR THE REGISTRATION OF ELECTORS AND THE CONDUCT OF ELECTIONS TO DÁIL ÉIREANN AND TO AMEND AND EXTEND THE PRESIDENTIAL ELECTIONS ACTS, 1937 TO 1986, THE EUROPEAN ASSEMBLY ELECTIONS ACTS, 1977 TO 1986, THE REFERENDUM ACTS, 1942 TO 1992, THE SEANAD ELECTORAL (UNIVERSITY MEMBERS) ACTS, 1937 TO 1973, THE SEANAD ELECTORAL (PANEL MEMBERS) ACTS, 1947 TO 1972, THE LOCAL ELECTIONS ACTS, 1963 TO 1991, AND TO PROVIDE FOR RELATED MATTERS. [5th November, 1992]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I
General
Short title, collective citation, construction and commencement.
1.—(1) This Act may be cited as the Electoral Act, 1992.
(2) The Presidential Elections Acts, 1937 to 1986 and Part II insofar as it relates to presidential electors and Part XXIII insofar as it relates to presidential elections may be cited together as the Presidential Elections Acts, 1937 to 1992, and shall be construed together as one Act.
(3) The European Assembly Elections Acts, 1977 to 1986 and Part II insofar as it relates to European electors and Parts III and XXIII insofar as they relate to European elections may be cited together as the European Assembly Elections Acts, 1977 to 1992, and shall be construed together as one Act.
(4) The collective citation “the Referendum Acts 1942 to 1992” shall include Part XXIII insofar as it relates to referenda and the Referendum Acts 1942 to 1992 shall be construed together as one Act.
(5) The Local Elections Acts, 1963 to 1991 and Part II insofar as it relates to local government electors and Part XXIII insofar as it relates to local elections may be cited together as the Local Elections Acts, 1963 to 1992, and shall be construed together as one Act.
(6) This Act, other than this section, shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.
(7) An order made under subsection (6) shall be laid before each House of the Oireachtas as soon as possible after it is made.
Interpretation.
2.—(1) In this Act—
“ballot paper” has the meaning assigned to it by section 88 ;
“bye-election” means an election of a member of the Dáil to fill a vacancy occasioned by a person having ceased to be a member of the Dáil otherwise than in consequence of a dissolution;
“certificate of political affiliation” has the meaning assigned to it by section 46 ;
“civil servant” and “civil service” have the same meaning, respectively, as in the Civil Service Regulation Act, 1956 as amended by section 17 of the Staff of the Houses of the Oireachtas Act, 1959 ;
“covering envelope” has the meaning assigned to it by sections 68 and 81 ;
“Dáil” means Dáil Éireann;
“Dáil election” means an election of a member or members to serve in the Dáil and includes a bye-election as well as a general election;
“Dáil elector” means a person entitled to vote at a Dáil election;
“the Defence Forces” has the meaning assigned to it by section 2 of the Defence Act, 1954 ;
“election”, except where the context otherwise requires, means a Dáil election;
“elector”, except where the context otherwise requires, means a Dáil elector;
“European Communities” has the same meaning as in the European Communities Acts, 1972 to 1986;
“European election” means an election in the State of members to the European Parliament and “European elector” means a person entitled to vote at such election;
“European Parliament” means the Parliament of the European Communities;
“excluded day” means a day which is a Sunday, Good Friday or a day which is declared to be a public holiday by the Holidays (Employees) Act, 1973 , or a day which by virtue of a statute or proclamation is a public holiday;
“general election” means a general election for members of the Dáil held in accordance with subsection 2° of section 3 of Article 16 of the Constitution;
“local electoral area” means the area or any of the areas (as may be appropriate) by reference to which a local election is held;
“local election” means an election held pursuant to section 81 of the Electoral Act, 1963 , or a new election within the meaning of Part IV of the Local Government Act, 1941 ;
“local government elector” means a person entitled to vote at a local election;
“Member State” means, except in section 8 , a Member State of the European Communities;
“the Minister” means the Minister for the Environment;
“national of a Member State”, except in section 8 , has the meaning assigned to it in the treaties governing the European Communities;
“notice of election” has the meaning assigned to it by section 44 ;
“notice of poll” has the meaning assigned to it by section 87 ;
“the official mark” has the meaning assigned to it by section 89 ;
“personation agent” has the meaning assigned to it by section 60 ;
“petition” means a petition presented to the High Court under this Act;
“postal voter” means a person whose name is entered in the postal voters list;
“postal voters ballot box” has the meaning assigned to it by section 69 ;
“postal voters list” means the list prepared pursuant to section 14 ;
“presidential election” means an election of a person to the office of President of Ireland;
“presidential elector” has the meaning assigned to it by section 7 ;
“the quota” has the meaning assigned to it by section 120 ;
“Seanad” means Seanad Éireann;
“special voter” means a person whose name is included in the special voters list;
“special voters list” means the list of voters prepared by the registration authority pursuant to section 17 ;
“the treaties governing the European Communities” has the same meaning as in the European Communities Acts, 1972 to 1986.
(2) In this Act—
(a) a reference to a Part, section, Schedule or part of a Schedule is to a Part or section of or a Schedule or part of a Schedule to this Act, unless it is indicated that reference to some other enactment is intended;
(b) a reference to a subsection, paragraph, subparagraph or rule is to a subsection, paragraph, subparagraph or rule of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended;
(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.
Regulations.
3.—(1) The Minister may make regulations prescribing any matter or thing that is referred to in this Act as prescribed.
(2) Every regulation made under this Act (other than regulations made under section 20 ) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Expenses.
4.—(1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
(2) The expenses incurred by reason of this Act by An Post (whether such expenses relate to the exercise by candidates of the right of free postage conferred by section 57 or are otherwise so incurred in relation to a Dáil election) shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of the Central Fund or the growing produce thereof.
Repeals.
5.—The enactments mentioned in Part I of the First Schedule are hereby repealed, and the regulations mentioned in Part II of the said Schedule are hereby revoked, to the extent specified in the third column of that Schedule.
PART II
Franchise and Registration of Electors
Interpretation (Part II).
6.—In this Part, and in the Second Schedule —
“constituency” means, as the context may require, a constituency for which candidates may be elected at a Dáil election or a European election;
“Dáil constituency” means a constituency for which candidates may be elected at a Dáil election;
“elector” means, as the context may require, a presidential elector, a Dáil elector, a European elector or a local government elector;
“local authority” means the council of a county, the corporation of a county or other borough, the council of an urban district and the commissioners of a town;
“medical practitioner” means a person whose name is entered in the General Register of Medical Practitioners established under the Medical Practitioners Act, 1978 ;
“polling district” means a polling district in a scheme in force under section 28 ;
“the register” means, as the context may require, the register of presidential, Dáil, European and local government electors or the register of presidential electors or the register of Dáil electors or the register of European electors or the register of local government electors and, where the context so requires, includes the supplement to the register, the postal voters list and the special voters list;
“registration area” means an administrative county or county borough;
“registration authority” means the council of a county or the corporation of a county borough;
“the county registrar” means the county registrar for the county, county borough or other area coterminous with or contained in a registration area or a person appointed or designated under Rule 24 of the Second Schedule to perform the duties of a county registrar;
“qualifying date” has the meaning assigned to it in section 11 (2);
“the specified date” means, in relation to any purpose, the date specified in the Second Schedule as the specified date for that purpose.
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).
Registration of Dáil electors.
8.—(1) A person shall be entitled to be registered as a Dáil elector in a constituency if he has reached the age of eighteen years and he was, on the qualifying date—
(a) a citizen of Ireland, and
(b) ordinarily resident in that constituency.
(2) (a) In addition to those entitled to be registered under subsection (1) a person shall be entitled to be registered as a Dáil elector in a constituency if he is a person who has reached the age of eighteen years and who on the qualifying date—
(i) complied with the requirement of subsection (1) (b), and
(ii) was either—
(I) a British citizen, or
(II) a national of a Member State to which this subsection applied on that date.
(b) This subsection applies to a Member State which is for the time being the subject of a declaration under subsection (3).
(3) Where the Minister is of opinion that—
(a) the law of a Member State relating to the election of members of, or deputies or other representatives in or to, the National Parliament of that Member State enables citizens of Ireland, by reason of their being such citizens and being resident in that Member State, to vote at such an election, and
(b) the provisions of that law enabling citizens of Ireland who are so resident so to vote are the same, or are substantially the same, as those enabling nationals of that Member State so to vote,
the Minister may by order declare that Member State to be a Member State to which subsection (2) applies.
(4) (a) The Minister may by order specify criteria or other matters to which regard shall be had in order to determine whether or not a person is for the purpose of this section a national of a Member State and such order may provide that the provisions of the order shall relate to all Member States or to such one or more Member States as are specified in the order.
(b) An order under this subsection may amend the definition of “a British citizen” in paragraph (a) of subsection (7) or the provisions of paragraph (b) of the said subsection (7).
(c) In this subsection—
“Member State” means a Member State of the European Communities other than the State;
“national of a Member State” shall not be construed as referring to the State, or as including a citizen of the State.
(5) Where—
(a) an order under subsection (4) is for the time being in force, and
(b) a Member State to which the order applies is for the time being a Member State to which subsection (2) applies,
clause (II) of subsection (2) (a) (ii) shall be construed and have effect subject to the provisions of the order.
(6) (a) The Minister may revoke or amend an order under this section (including an order under this subsection).
(b) Where an order under this section (including an order under this subsection) is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.
(7) (a) Subject to subsection (4), in this section—
“a British citizen” means a person who under the Act of the British Parliament entitled the British Nationality Act 1981 is a British citizen;
“Member State”, except in subsection (4), means a Member State other than the State or the United Kingdom;
“national of a Member State”, except in subsection (4), shall not be construed as referring to the United Kingdom or as including a British citizen.
(b) The reference in paragraph (a) to the Act of the British Parliament mentioned in that paragraph is a reference to that Act as enacted by that Parliament on the 30th day of October, 1981.
Registration of European electors.
9.—A person shall be entitled to be registered as a European elector in a constituency 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—
(a) a citizen of Ireland, or
(b) a national of a Member State other than the State.
Registration of local government electors.
10.—A person shall be entitled to be registered as a local government elector in a local electoral area if he has reached the age ofeighteen years and he was, on the qualifying date, ordinarily resident in that area.
General provisions relating to the registration of electors.
11.—(1) (a) A person shall not be registered as an elector more than once in any registration area nor in more than one such area.
(b) Where it appears that a person may, prima facie, be eligible for registration in respect of two or more premises, the question of which of such premises he shall be registered for shall, subject to any expression of choice by such person, be determined by the registration authority.
(c) Where the premises referred to in paragraph (b) are situated in two or more registration areas, the registration authority for each such area shall take such steps as it considers necessary to ensure that the person is not registered in respect of more than one such registration area.
(d) The provisions of sections 7 , 8 , 9 and 10 shall have effect subject to the provisions of this subsection.
(2) (a) The qualifying date for every register of electors shall be the date specified for that purpose in the Second Schedule .
(b) For the purposes of this Part, a person’s age shall be taken to be that person’s age on the date specified for that purpose in the Second Schedule .
(3) For the purposes of this Part—
(a) a person shall be deemed not to have given up ordinary residence if he intends to resume residence within eighteen months after giving it up,
(b) a written statement by a person that he intends to resume residence within eighteen months after giving it up shall, in the absence of evidence to the contrary, be accepted as a correct statement.
(4) (a) Where an elector who is a whole time member of the Defence Forces is resident in any barrack or other premises used for military purposes and there are premises in which he would, but for his service, be ordinarily resident on the qualifying date and, not later than the last day for making claims for registration, he furnishes to the registration authority for the registration area in which the last-mentioned premises are situate, a statement of such premises the statement shall, in the absence of evidence to the contrary, be accepted as a correct statement and he shall be registered in respect of those premises.
(b) (i) In this subsection “a whole time member of the Defence Forces” means—
(I) a member of the Permanent Defence Force, or
(II) an officer of the Reserve Defence Force employed continuously on military service or duty during a period during which a proclamation authorising the calling out of reservists on permanent service is in force, or during a period during which reservists are called out on permanent service under section 88 of the Defence Act, 1954 , or
(III) a reservist called out on permanent service.
(ii) In the foregoing subparagraph “the Permanent Defence Force”, “officer”, “the Reserve Defence Force”, “proclamation authorising the calling out of reservists on permanent service” and “reservist” have the same meanings respectively as they have in the Defence Act, 1954 .
(5) Where on the qualifying date, a person is detained in any premises in legal custody, he shall be deemed for the purposes of this section to be ordinarily resident in the place where he would have been residing but for his having been so detained in legal custody.
(6) Where on the qualifying date, a person is a patient or inmate in any hospital or home for persons suffering from mental disability or similar institution, he shall be deemed for the purposes of this section to be ordinarily resident in—
(a) in case the place where he would have been residing but for his having been such a patient or inmate can be ascertained by the registration authority — that place,
(b) in case the place mentioned in paragraph (a) cannot be ascertained by the registration authority — the place where he last resided before he became such a patient or inmate.
Certain persons deemed to be ordinarily resident in the State.
12.—(1) In this section—
“appropriate registration authority” means the registration authority for the area in which the premises referred to in subsection (3) (a) are situate;
“qualified person” means a citizen of Ireland who has reached the age of 18 years and is a civil servant and is a member of a mission and who, for the time being, because of the requirements of his duties, is serving outside the State;
“member of a mission” means a person—
(a) falling within the definition of “members of the mission” contained in the Vienna Convention on Diplomatic Relations done at Vienna on the eighteenth day of April, 1961, as set out in the First Schedule to the Diplomatic Relations and Immunities Act, 1967 , or
(b) falling within the definition of “members of the consular post” contained in the Vienna Convention on Consular Relations done at Vienna on the twenty-fourth day ofApril, 1963, as set out in the Second Schedule to the said Act, or
(c) who is a member of a Permanent Mission of Ireland to an international organisation;
“spouse” means a person who is the spouse of a qualified person and is a citizen of Ireland and has reached the age of 18 years and is residing with the qualified person outside the State.
(2) A person, who satisfies the appropriate registration authority that he is a qualified person, and the spouse of such person shall, for the purposes of this Part be deemed to be ordinarily resident on the qualifying date in the premises in the State in which, but for the requirements of his duties, the qualified person would be resident.
(3) A qualified person may, not later than the date specified for that purpose in the Second Schedule , send to the appropriate registration authority a statement in the 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 duties, he would be resident on the qualifying date; and
(b) particulars of his spouse (if any).
(4) Every statement by a person pursuant to subsection (3) shall be accompanied by a certificate in the form directed by the Minister from the Secretary of the Department of Foreign Affairs certifying that such person is a qualified person.
(5) A statement by a qualified person as to the premises in the State in which he would be resident on the qualifying date shall, in the absence of evidence to the contrary, be accepted as a correct statement, and he and his spouse (if any) shall be registered in respect of those premises.
(6) A person who submits a statement to a registration authority pursuant to subsection (3) shall supply to the registration authority any information which such registration authority may require for the purposes of this section and the provisions of section 133 (1) shall apply to a requirement by a registration authority under this section.
The register of electors.
13.—(1) A register by reference to registration areas consisting of administrative counties and county boroughs shall be prepared and published in every year of persons who were entitled to be registered as electors on the qualifying date 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.
(2) Every register of electors shall come into force on the date specified for this purpose in the Second Schedule and shall remain in force until the day before the date on which the next register comes into force.
(3) A reference in any existing enactment (other than this Act) to the electors lists shall, as the case may require, be construed as areference to 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.
(4) For the purposes of subsection (3) “existing enactment” means an enactment in operation at the time of the passing of this Act.
Entry of names in postal voters list.
14.—An elector shall be entered in the postal voters list if he is—
(a) a member of the Garda Síochána who not later than the last day for making claims for registration applies to be so entered, or
(b) a whole time member of the Defence Forces (as defined in paragraph (b) of subsection (4) of section 11 ), or
(c) a person who is deemed by virtue of section 12 to be ordinarily resident in premises in the State on the qualifying date.
Supplement to the register of electors.
15.—(1) A person who, on the qualifying date in respect of a register of electors, was entitled to be registered as an elector, but was not so registered in that register, may apply to the registration authority to have his name entered in a supplement to the register which the registration authority is hereby empowered to prepare and publish.
(2) The provisions of Part II of the Second Schedule shall apply to—
(a) consideration of applications under subsection (1) by the registration authority and the ruling on such applications by the registration authority,
(b) the ruling on an appeal against the decision of the registration authority, and
(c) the preparation and publication by the registration authority of a supplement to the register of electors.
(3) The registration authority shall, within the period after the publication of the register of electors specified for that purpose in the Second Schedule , 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 ascertained to be necessary, the registration authority shall publish a list of them and such list shall be deemed to form part of the register of electors and may form part of any supplement prepared pursuant to subsection (1).
(4) A supplement to the register of electors published by the registration authority under subsection (1) shall be deemed to form part of the register of electors.
(5) An application by a person to have his name entered in the supplement to the register, received by the registration authority on or after the twelfth day (disregarding any excluded day) before polling day at an election or referendum shall not have effect in relation to that election or referendum.
Electors lists to replace draft register in the case of specified registration authorities.
16.—(1) The Minister may, by direction, specify a registration authority or registration authorities which shall publish electors lists in place of the draft register referred to in rule 5 (6) of Part I of the Second Schedule .
(2) The electors lists shall consist of—
(a) the register of electors in force at the time of publication of the electors lists (in this Act referred to as List A),
(b) a list (in this Act referred to as List B) of persons entitled on the qualifying date to be registered as electors in respect of particular premises and whose names are not included in List A in respect of such premises, and
(c) a list (in this Act referred to as List C) of persons whose names appear on List A, and who, on the qualifying date were not entitled to be registered as electors in respect of the premises stated in List A.
(3) The Minister may give a direction under this section as often as he thinks fit.
(4) (a) The Minister may amend or revoke a direction under this section.
(b) Without prejudice to the generality of paragraph (a), a direction under this subsection may provide for the discontinuance of the publication of electors lists by a registration authority the subject of a direction under subsection (1), and for the publication by that registration authority of a draft register.
(5) Where a direction under subsection (1) is in force in respect of a registration authority, a reference in this Act or in any other enactment to the draft register shall be construed as a reference to electors lists insofar as it applies to the said registration authority.
Special voters list.
17.—(1) The registration authority shall prepare a list (in this Act referred to as the “special voters list”) of persons (in this Act referred to as “special voters”) entitled to vote at a Dáil election in accordance with the provisions of Part XIV or at any other election or referendum in accordance with the Electoral (Amendment) (No. 2) Act, 1986 without removing the names of the special voters from the register of electors.
(2) The registration authority shall enter in the special voters list the name of every elector who applies to be so entered and who satisfies the registration authority that—
(a) he is unable to go in person to vote at the polling place for his polling district by reason of his physical illness or physical disability; and
(b) the physical illness or physical disability is likely to continue for the period of continuance in force of the register of electors in respect of which the application to be entered as a special voter is made.
(3) The special voters list shall be in such form as the Minister may direct.
(4) Part III of the Second Schedule shall apply to an application to be entered in the special voters list pursuant to subsection (2).
Issuing of instructions.
18.—(1) The Minister may, whenever he thinks proper so to do, issue to all or any registration authorities or authority such instructions in relation to the registration of electors as he shall consider necessary or expedient in order to ensure the smooth and efficient registration of electors and to secure uniformity of procedure in regard thereto in all registration areas.
(2) Subject to subsection (3), it shall be the duty of every registration authority to observe and comply with all instructions given to them by the Minister.
(3) No registration authority shall be required or authorised by an instruction given by the Minister under this section to do any act (whether of commission or omission) which is contrary to this Act.
Entry in register of name of revised constituency.
19.—Where by reason of a revision of constituencies, a polling district or part of a polling district is situate in a new constituency, which is identical in area and name with none of the constituencies existing immediately before such revision, the Minister may by direction provide for the entry of the name of that new constituency in respect of the polling district or the part of the polling district in the register of electors in force at the time of the revision and in every such register coming into force subsequent to such revision.
Registration duties.
20.—(1) It shall be the duty of each registration authority to prepare and publish the register of electors in accordance with the provisions of the Second Schedule .
(2) The Minister may, by regulations, amend the provisions of the Second Schedule whenever and as often as he thinks fit.
(3) Where regulations under this section are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
(4) (a) The Minister shall procure all printing or other reproduction required for registration purposes to be done in such manner as he considers proper.
(b) The Minister may, by arrangements made with the sanction of the Minister for Finance, secure that three quarters of the total cost of preparing and publishing the register of electors shall be borne by the State and, subject to the foregoing, the cost shall be borne by registration authorities.
(5) (a) Notwithstanding the provisions of paragraph (b) of subsection (4), where, in the opinion of the Minister, there are reasonable grounds for doing so, he may cause a greater proportion of the total cost of preparing and publishing the register to be borne by a registration authority than provided for in the said 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 preparing and publishing the registerto be borne by the registration authority than that provided for under subsection (4) if in his opinion—
(i) there is undue delay attributable to the registration authority in the publication of the draft register or the register or the list of claims, or
(ii) there are deficiencies attributable to the registration authority in the register.
(c) Where the Minister proposes under this subsection to cause a greater proportion of the cost of preparing and publishing the register to be borne by the registration authority than provided for under subsection (4), he shall cause the reason for doing so to be furnished to the registration authority.
Appeals.
21.—(1) An appeal shall lie to the Circuit Court from any decision on any claim or objection which has been considered under Part I of the Second Schedule , or any application or objection which has been considered under Part II of the said Second Schedule .
(2) Subsection (1) shall be subject to the proviso that an appeal shall not lie where a claimant or objector or applicant has not availed himself of an opportunity provided in the Second Schedule of having his claim or objection or application decided in the first instance by the authority specified in that behalf in the said Schedule.
(3) An appeal to the Supreme Court shall lie on any point of law from a decision of the Circuit Court on any such appeal, but, save as aforesaid, there shall be no appeal from any such decision.
(4) The right of voting of any person whose name is for the time being on the register of electors shall not be prejudiced by an appeal pending under this section, and any vote given in pursuance of that right shall be as good as if no such appeal were pending, and shall not be affected by the subsequent decision on the appeal.
(5) Notice shall be sent to the registration authority in manner provided by rules of court of the decision of the Circuit Court or the Supreme Court on any appeal under this section, and the registration authority shall make such alterations in the register of electors as may be required to give effect to the decision.
Amendment of section 40 of Court Officers Act, 1926.
22.— Section 40 (6) of the Court Officers Act, 1926 , as amended by section 7 (7) of the Electoral Act, 1963 , is hereby amended by the substitution for “under the regulations made pursuant to section 7 of the Electoral Act, 1963 ” of “pursuant to the Second Schedule to the Electoral Act, 1992”.
Amendment of section 1 of European Assembly Elections Act, 1977.
23.— Section 1 of the European Assembly Elections Act, 1977 , as amended by section 23 of the Electoral (Amendment) (No. 2) Act, 1986 , is hereby amended by the substitution for the definition of “the postal voters list” of the following definition:
“‘the postal voters list’ means the list prepared pursuant to section 14 of the Electoral Act, 1992;”.
Amendment of Electoral (Amendment) (No. 2) Act, 1986.
24.—(1) Section 1 of the Electoral (Amendment) (No. 2) Act, 1986 , is hereby amended by the substitution for the definition of “special voters list” of the following definition:
“‘special voters list’ means the list of voters prepared by the registration authority pursuant to section 17 of the Electoral Act, 1992.”.
(2) Section 16 (1) of the Electoral (Amendment) (No. 2) Act, 1986 , is hereby amended by the substitution for “ section 15 of this Act” of “ section 12 of the Electoral Act, 1992”.
PART III
Registration of Political Parties
Register of political parties.
25.—(1) (a) The person who for the time being holds the office of Clerk of the Dáil shall be the Registrar of Political Parties for the purposes of this section.
(b) If and so long as the office of Clerk of the Dáil is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, the Clerk-Assistant of the Dáil shall act as Registrar of Political Parties for the purposes of this section.
(c) In the subsequent subsections of this section, “the Registrar” means the Registrar of Political Parties for the purposes of this section or the Clerk-Assistant of the Dáil acting as such Registrar (as may be appropriate).
(2) A political party may apply to the Registrar to be registered in the Register of Political Parties as a party—
(a) organised in the State to contest a Dáil election or a European election or a local election, or
(b) organised in a part of the State specified in the application to contest a Dáil election or a European election or a local election.
(3) The Registrar shall prepare and maintain a register (to be known as the Register of Political Parties) in which, subject to the subsequent provisions of this section, he shall register any political party—
(a) which applies to him for registration, and
(b) which is in his opinion—
(i) a genuine political party, and
(ii) organised in the State or a part thereof to contest a Dáil election or a European election or a local election.
(4) 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,
(b) the address of the party’s headquarters,
(c) the name or names of the officer or officers of the party authorised to sign certificates authenticating the candidature of candidates of the party at elections,
(d) the type or types of election for which the party is registered as being organised to contest,
(e) where a party is registered as organised to contest an election in a particular part of the State, a reference to that fact.
(5) Where a party which is registered in the Register of Political Parties as a party organised to contest a European election satisfies the Registrar that a member of the party who is a representative in the European Parliament is a member of a political group formed in accordance with the rules of procedure of the Parliament, the Registrar shall note on the Register, in relation to the party, the name of the group.
(6) A political party shall not be registered in the Register of Political Parties if its name—
(a) is identical with the name of any party already registered in the Register of Political Parties or, in the opinion of the Registrar, so nearly resembles such name as to be calculated to mislead, confuse or deceive,
(b) is, in the opinion of the Registrar, unduly long, or
(c) in the case of a party operating in relation to a particular part only of the State, does not include such reference to that part as, in the opinion of the Registrar, distinguishes the party as so operating.
(7) A political party registered in the Register of Political Parties shall from time to time keep the Registrar informed as to the name or names of the officer or officers referred to in paragraph (c) of subsection (4).
(8) The Registrar shall, with respect to each party registered in the Register of Political Parties, inquire in writing at least once in each year from an officer of the party referred to in paragraph (c) of subsection (4), whether the party desires to remain registered and, unless he receives an affirmative reply to such an inquiry within twenty-one days from the date of the making of such inquiry, he shall cancel the registration of the party concerned.
(9) (a) As soon as he has considered an application for registration under this section the Registrar shall notify the applicant of his proposed ruling on the application (stating reasons in the case of refusal) and shall cause notice thereof to be published in the Iris Oifigiúil and any person aggrieved by the proposed ruling of the Registrar may appeal to an appeal board under this section within the five days next following the date of publication of the said notice in the Iris Oifigiúil.
(b) Where no appeal is made under this subsection within the period specified in paragraph (a) the proposed ruling shall thereupon become final and the Registrar shall notify the applicant accordingly.
(c) The appeal board shall consist of a Judge of the High Court (to be nominated by the President of the High Court),who shall be chairman, the Chairman of the Dáil (or where he is unable, through illness, absence or other cause to fulfil his duties or the office of Chairman is vacant, the Deputy Chairman of the Dáil) and the Chairman of the Seanad (or where he is unable, through illness, absence or other cause to fulfil his duties or the office of Chairman is vacant, the Deputy Chairman of the Seanad).
(d) An appeal under this section shall not be considered by the appeal board unless at the time the appeal is made a deposit of £500 is lodged with the appeal board 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 appeal 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 in such manner as may be directed by the Minister for Finance.
(f) The decision of the appeal board shall be final and shall be complied with by the Registrar.
(g) An appeal under this section shall be in writing setting out the grounds thereof and shall be made by being lodged together with the deposit referred to in paragraph (d) at the office of the Registrar.
(10) (a) Where it appears to the Registrar that a political party registered in the Register of Political Parties is not entitled to be so registered he shall, following such inquiry as he thinks fit, publish in the Iris Oifigiúil notice of his intention to cancel the registration of the party.
(b) Subsection (9) shall apply to an intention under this subsection in the same way as it applies to a ruling under the said subsection (9).
(c) Where a party is registered in the Register of Political Parties, the registration of the party shall not be affected by any appeal pending under this subsection.
(11) The Registrar shall maintain a copy of the Register of Political Parties at his office and shall permit any person to inspect such copy and to take a copy thereof on payment of a fee not exceeding the reasonable cost of copying at such times and subject to such conditions as the Registrar considers appropriate.
(12) The Registrar may require any person to give any information in his possession which the Registrar may require for the purpose of his duties under this section.
(13) The following provisions shall apply in relation to a party registered in the Register of Political Parties—
(a) where the party is registered as 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;
(b) where the name of the party includes a reference which distinguishes the party as operating is a particular partonly of the State, the registration shall have effect only in relation to that part of the State.
(14) On the third day (disregarding any excluded day) after the day of the issuing under section 39 of a writ or writs, the Registrar shall send to the returning officer or each returning officer a copy of the Register of Political Parties then in force.
(15) The Minister for Finance shall, out of moneys provided by the Oireachtas, pay to the Registrar the amount of his reasonable charges, not exceeding such amount as may be sanctioned by that Minister, in respect of the performance by the Registrar of his duties under this section.
(16) The Register of Political Parties in force at the commencement of this section shall be deemed to be the Register of Political Parties prepared and maintained under this section.
Amendment of European Assembly Elections Acts, 1977 and 1984.
26.—(1) The European Assembly Elections Act, 1977 is hereby amended by—
(a) the substitution of “pursuant to section 25 (4) (c) of the Electoral Act, 1992” for “either pursuant to section 13 (3) (c) of the Electoral Act, 1963 , or pursuant to that section as applied by section 8 (4) of this Act” in subsection (2) (a) (ii) of section 15 (as amended by section 6 of the European Assembly Elections Act, 1984 ); and
(b) the substitution of “ section 25 (4) (c) of the Electoral Act, 1992” for “section 13 (3) (c) of the Act of 1963 or pursuant to that section as applied by section 8 of this Act” in rule 4 (4) of the First Schedule.
(2) Section 4 of the European Assembly Elections Act, 1984 is hereby amended by the substitution of “pursuant to section 25 (4) (c) of the Electoral Act, 1992” for “either pursuant to section 13 (3) (c) of the Electoral Act, 1963 , or pursuant to that section as applied by section 8 (4) of the Principal Act,” in paragraph (a) of subsection (1).
PART IV
Polling Districts and Polling Places
Interpretation (Part IV).
27.—In this Part “local authority” means the council of a county or the corporation of a county borough.
Polling districts and polling places.
28.—(1) Each local authority shall, as soon as may be after the commencement of this Part, and thereafter at least once in every ten years, following consultation with the returning officer for Dáil elections in respect of the county or county borough and in accordance with regulations made by the Minister, make a scheme dividing the county or county borough into polling districts for the purposes of Dáil elections, European elections and local elections and appointing a polling place for each polling district.
(2) A scheme under this section made by the local authority shall come into operation—
(a) if, but only if, it is confirmed by the Minister under the next subsection, and
(b) on the day specified in that behalf by the Minister.
(3) As soon as may be after they have made a scheme under this section, the local authority shall submit the scheme to the Minister for confirmation and the Minister shall—
(a) confirm the scheme with or without modification, or
(b) instruct that it be resubmitted to him in a modified form for confirmation, or
(c) refuse to confirm it.
(4) A scheme under this section shall continue in operation until the next such scheme in respect of the county or county borough comes into operation and shall then expire.
(5) A polling place appointed by a scheme under this section shall be an area and may be within or outside the county, county borough, constituency or local electoral area in which the polling district is situate, but shall be such as to give the electors allocated to it reasonable facilities for voting.
(6) Subject to subsection (7), the making of a scheme under this section shall be, in the case of the council of a county, a reserved function for the purposes of the County Management Acts, 1940 to 1991, and, in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.
(7) The Minister may require a local authority to make a scheme under this section within such period (not being less than one month) as the Minister may direct and if the local authority refuse or fail to make such a scheme within the period directed by the Minister, the Minister may himself make a scheme in respect of such county or county borough.
(8) Until the first scheme under this section comes into operation in relation to a county or county borough, the polling districts and polling places existing in relation to the county or county borough immediately before the commencement of this section shall continue. After the coming into operation of the first scheme, any reference to a polling district or polling place in any Act, order or regulation shall, where appropriate, be construed in relation to such county or county borough as a reference to a polling district or polling place under a scheme in force under this section.
(9) Regulations made under section 22 of the Electoral Act, 1963 and in force immediately before the commencement of this Act shall, notwithstanding the repeal of the said section 22, remain in force until regulations are made under subsection (1) and shall be deemed to be regulations made under this section.
(10) An election shall not be questioned on the grounds of any non-compliance with the provisions contained in this section or any informality in regard to polling districts, places or stations.
Temporary arrangements with respect to certain polling districts.
29.—(1) Where, following a revision of constituencies a polling district existing immediately prior to such revision is not wholly situate within a new Dáil constituency, the appropriate officer, after consultation with the returning officer for such Dáil constituency shall, with respect to the part of the polling district situate in the constituency—
(a) join it or parts of it with any adjoining polling district or districts, or
(b) constitute it as a polling district and appoint a polling place for it.
(2) An arrangement made pursuant to subsection (1) shall be subject to confirmation by the Minister (who may confirm the arrangement with or without modification) and shall have effect until (and only until) the first scheme under section 28 in relation to the county or county borough in which the polling district is situate comes into operation after the making of the arrangement and shall not have effect in relation to any bye-election occurring before the dissolution of the Dáil which next occurs after the said revision of constituencies.
(3) In this section “the appropriate officer” means—
(a) in relation to a polling district situate in a county borough, the manager for the purposes of the Acts relating to the management of the county borough (including a person duly appointed either as deputy for such manager or to act in the place of such manager during his absence or incapacity or during a vacancy in his office),
(b) in relation to any other polling district, the secretary of the council of the county in which the polling district is situate (including a person duly appointed either as deputy for such secretary or to act in the place of such secretary during his absence or incapacity or during a vacancy in his office), or a person assigned to perform the duties of county secretary under this section.
PART V
Returning Officers
Returning officers and assistant, deputy and acting returning officers.
30.—(1) In this section “appropriate officer” means—
(a) in relation to the county of Cork, the county of Dublin, the county borough of Cork or the county borough of Dublin, the sheriff, or
(b) in relation to any other county or county borough, the county registrar.
(2) (a) The returning officer for a constituency shall be—
(i) in case the constituency is situate wholly within one county or county borough, the appropriate officer in relation to that county or county borough,
(ii) in any other case, such appropriate officer, in relation to any county or county borough in which any part of the constituency is situate, as the Minister may from time to time appoint to be returning officer.
(b) (i) Where a constituency is not situate wholly within one county or county borough, the returning officer may, in respect of any part of the constituency situate in acounty or county borough in relation to which he is not the appropriate officer, appoint the appropriate officer in relation to that county or county borough to be assistant returning officer for that part of the constituency.
(ii) The returning officer shall exercise the power referred to in subparagraph (i) where the appropriate officer concerned requests him to do so.
(3) Where the same person is returning officer for two or more constituencies, in each of which there is at the same time a contested election, he shall—
(a) in case those constituencies are two and not more, appoint, in respect of one of them, a deputy returning officer to open the ballot boxes and count the votes,
(b) in any other case, appoint, in respect of each of the constituencies (except one), a deputy returning officer to open the ballot boxes and count the votes,
and he may include in any such appointment, if he so thinks proper, an appointment to receive nominations.
(4) The duties of a deputy returning officer appointed under subsection (3) shall include the determination and declaration of the result of the poll and the giving of public notice under section 127 and, if the appointment includes an appointment to receive nominations, shall also include the ruling on nominations and compliance with section 52 .
(5) An appointment under subsection (3) may be revoked by the returning officer and, where the appointment is so revoked or the deputy returning officer dies, resigns or becomes incapable of acting during a Dáil election, another deputy returning officer shall be appointed pursuant to and in accordance with the said subsection (3) to replace him.
(6) Where a vacancy occurs in the office of county registrar or sheriff and the holder was a returning officer, the Minister, if he so thinks proper, may appoint a person to act as returning officer during the period of the vacancy.
(7) Where the returning officer is prevented by illness or other reasonable cause from performing all or any of his duties, the Minister shall appoint a person to act as returning officer for the performance of those duties during the period of the prevention.
(8) An assistant returning officer shall perform, in the part of the constituency for which he was appointed, such of the duties of the returning officer for the constituency as that officer is not required by law to perform in person but, if any doubt arises as to duties of an assistant returning officer, the doubt shall be determined by the Minister.
(9) Any reference in this section to a county shall be construed as a reference to an administrative county.
(10) References in this Act to returning officers shall, where appropriate, include references to assistant, deputy and acting returning officers.
(11) An appointment which was in operation immediately before the commencement of this section under subsection (1) of section 11 of the Electoral Act, 1963 , shall be deemed to be an appointment under subsection (2) of this section.
General duty of returning officer.
31.—It shall be the general duty of the returning officer for each constituency to do all such acts and things as may be necessary for effectually conducting a Dáil election in his constituency in accordance with this Act, to ascertain and declare the results of the election and to furnish to the Clerk of the Dáil a return of the persons elected for the constituency.
Payment of returning officers’ expenses.
32.—(1) The Minister for Finance shall prepare a scale of maximum charges for returning officers and every returning officer shall be paid by the said Minister out of the Central Fund or the growing produce thereof his reasonable charges, in respect of his services and expenses in relation to every Dáil election in respect of which he is the returning officer, not exceeding the maximum charges specified in the scale prepared under this section and applying for the time being.
(2) For the purpose of the payment of such charges, an account of them shall be submitted by the returning officer to the Minister for Finance and the Minister for Finance may issue to returning officers directions as to the time when and the manner and form in which the accounts shall be submitted to him.
(3) The Minister for Finance may, if he thinks fit, before payment of a returning officer’s charges under this section apply to a judge of the Circuit Court having jurisdiction in any part of the constituency concerned for the taxation of the account submitted by the returning officer and such judge shall tax the account and determine the amount payable thereunder.
(4) On the request of a returning officer for an advance on account of his charges the Minister for Finance may, if he thinks fit and on such terms as he thinks fit, make such an advance.
(5) The taxation under this section of the account of a returning officer shall, if the judge aforesaid so decides on the application of the officer, include the determination of any claim made against the officer in respect of any matter charged for in the account.
PART VI
Duration and Membership of Dáil
Maximum duration ofDáil.
33.—The same Dáil shall not continue for a longer period than five years from the date of its first meeting.
Resignation of membership of Dáil.
34.—Any member of the Dáil may voluntarily resign his membership thereof by notice in writing to the Chairman of the Dáil and such resignation shall take effect upon receipt of the notice by the Chairman who shall as soon as may be inform the Dáil.
Person returned for two or more constituencies.
35.—(1) If at an election any person is returned as a member of the Dáil for two or more constituencies, such person shall deliver to the Clerk of the Dáil, before taking his seat for any one of such constituencies, a declaration in writing signed by him stating which one of those constituencies he elects to represent in the Dáil, and if he does not so deliver to the Clerk of the Dáil such declaration in writing not later than 30 days after the first day on which the Dáil sits next after such election he shall be deemed to have elected to represent the constituency in which he received the greatest number of first preference votes.
(2) So soon as a person returned for two or more constituencies elects or is under the foregoing subsection deemed to have elected which of such constituencies he will represent, he shall be deemed to have resigned his seat or seats in each of the other constituencies for which he shall have been so returned.
Re-election of outgoing Chairman of Dáil.
36.—(1) Where the Dáil is dissolved and the outgoing Chairman of the Dáil has not announced to the Dáil before the dissolution that he does not desire to become a member of the Dáil at the general election consequent on the dissolution, he shall be deemed without any actual election to be elected at such general election as a member of the Dáil for—
(a) the constituency for which he was a member of the Dáil immediately before the dissolution, or
(b) if a revision of constituencies takes effect on the dissolution—
(i) in case on such revision there is a new constituency which either consists of or includes the constituency referred to in paragraph (a), that new constituency,
(ii) in case on such revision there is not such a new constituency, the constituency specified for the time being in a declaration under this section.
(2) (a) Where, by reason of a revision of constituencies which is to take effect on the dissolution of the Dáil next following the revision, the Chairman of the Dáil may not be deemed under subsection (1) to be elected either for the constituency for which he is a member of the Dáil or for a new constituency described in subparagraph (i) of subsection (1) (b), he shall for the purposes of this section make a declaration specifying a constituency.
(b) A constituency specified in a declaration made under this section shall be a constituency specified in the Act providing for the revision which includes part of the constituency for which the person making the declaration is a member of the Dáil at the time when the declaration is made.
(c) The following provisions shall apply as regards a declaration made under this section:
(i) the declaration, which shall be in writing, shall be addressed to the Clerk of the Dáil,
(ii) the Chairman of the Dáil by whom it is made shall, in such manner as in the particular circumstances heconsiders appropriate, notify the members of the Dáil of the declaration,
(iii) the declaration shall be made,
(I) in case the person by whom it may be made is Chairman of the Dáil at the time at which the Act providing for the revision of constituencies is enacted, as soon as may be after such enactment,
(II) in case the person by whom it may be made becomes Chairman of the Dáil after such Act is enacted, as soon as may be after he becomes Chairman of the Dáil, and
(iv) in case the person by whom the declaration is made ceases to be Chairman of the Dáil before the Dáil is dissolved, the declaration shall cease to have effect.
(3) Where an outgoing Chairman of the Dáil is deemed by virtue of this section to be elected at a general election as a member of the Dáil for a particular constituency, the number of members actually elected at that general election for that constituency shall be one less than would otherwise be required.
(4) In this section “outgoing Chairman of the Dáil” means a person who, immediately before the dissolution of the Dáil in relation to which the expression is used, was the Chairman of the Dáil.
PART VII
Method of Election
The electoral system.
37.—(1) A Dáil election shall be conducted in accordance with this Act and, in case a Dáil election is contested, the poll shall be taken according to the principle of proportional representation, each elector having one transferable vote.
(2) In this section “transferable vote” means a vote which is—
(a) capable of being given so as to indicate the voter’s preference for the candidates in order, and
(b) capable of being transferred to the next choice when the vote is not required to give a prior choice the necessary quota of votes, or when, owing to the deficiency in the number of the votes given for a prior choice, that choice is excluded from the list of candidates.
Manner of voting.
38.—(1) Subject to subsections (2) and (3), a person who is entitled to vote at a Dáil election shall be entitled to vote in person only and at the polling station allotted to him or, in case he is authorised under section 99 or 100 by a returning officer, at the polling station specified in the authorisation.
(2) Every Dáil elector whose name is, at the time of a Dáil election, in the postal voters list for a constituency shall be entitled to vote in that constituency at the poll at such election by sending his ballot paper by post to the returning officer for that constituency and shall not be entitled to vote in any other manner.
(3) Every Dáil elector whose name is, at the time of a Dáil election, in the special voters list for a constituency shall be entitled to vote in that constituency at the poll at such election in accordance with section 82 and shall not be entitled to vote in any other manner.
PART VIII
The Writ at a Dáil Election
Issue and return of writs.
39.—(1) Where the Dáil is dissolved, the Clerk of the Dáil shall, immediately upon the issue of the Proclamation dissolving the Dáil, issue a writ to each returning officer for a constituency directing him to cause an election to be held of the full number of members of the Dáil to serve in the Dáil for that constituency.
(2) Where a vacancy occurs in the membership of the Dáil by a person ceasing to be a member otherwise than in consequence of a dissolution, the Chairman of the Dáil (or, where he is unable through illness, absence or other cause to fulfil his duties or where there is a vacancy in the office of Chairman, the Deputy Chairman of the Dáil) shall, as soon as he is directed by the Dáil so to do, direct the Clerk of the Dáil to issue a writ to the returning officer for the constituency in the representation of which the vacancy has occurred directing the returning officer to cause an election to be held of a member of the Dáil to fill the vacancy mentioned in the writ.
(3) If at any time there are two or more vacancies in the representation of any constituency in the Dáil and the Clerk of the Dáil is directed on the same day to issue writs for the election of members to fill all or more than one of the vacancies, the Clerk of the Dáil shall issue only one writ to the returning officer for the constituency and shall by the writ direct him to hold one election to fill all the vacancies mentioned in the writ in the representation of the constituency, and the returning officer shall accordingly hold one election only for the election of members of the Dáil to fill all the vacancies mentioned in the writ.
(4) (a) The return of a member or members to serve in the Dáil shall be made by a certificate of his name or their names endorsed on the writ for the constituency concerned under the hand of the returning officer.
(b) The returning officer shall as soon as possible after the ascertainment of the result of the election deliver the return to the Clerk of the Dáil and may for that purpose, if he so thinks fit, dispatch it by registered post.
(c) A return so dispatched shall be transmitted to the Clerk of the D áil free of charge by the earliest practicable post.
(5) Where an outgoing Chairman of the Dáil within the meaning of section 36 is deemed by virtue of that section to be elected at a general election as a member of the Dáil—
(a) the writ issued to the returning officer for the constituency for which he is so deemed to be elected shall be so worded that it directs the returning officer to cause an election to be held of one less than the full number of members of the Dáil for the constituency;
(b) at the time of issuing the writ or as soon as may be thereafter, the Clerk of the Dáil shall send to the returning officer and shall publish in the Iris Oifigiúil a certificate certifying that the outgoing Chairman of the Dáil did not announce to the Dáil before the dissolution thereof that he did not desire to become a member of the Dáil at the general election consequent on the dissolution;
(c) the returning officer shall, in the public notice given by him under section 127 , include the name of the outgoing Chairman of the Dáil among the names of the candidates elected for the constituency.
(6) (a) A writ issued under this section shall be in the relevant form specified in the Fourth Schedule .
(b) Where a writ is dispatched by registered post to the returning officer, it shall be transmitted free of charge by the earliest practicable post.
(c) The returning officer, immediately after receiving the writ, shall acknowledge its receipt.
(7) If and so long as the office of Clerk of the Dáil is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, the Clerk-Assistant of the Dáil shall carry out the duties under this section of the Clerk of the Dáil.
Effect of dissolution of Dáil on certain writs.
40.—Where a dissolution of the Dáil takes place after a writ has been issued pursuant to section 39 (2) or (3) directing a returning officer to cause an election to be held and before the return has been made, the writ shall become and be annulled by the dissolution and no further steps shall be taken in respect of the bye-election and the writ shall be returned to the Clerk of the Dáil and any ballot papers used at the bye-election shall be destroyed by the returning officer, but the annulment shall neither prejudice nor affect the right of the returning officer to be paid under this Act his reasonable charges in respect of duties performed in relation to the election before the dissolution.
PART IX
Disqualification for Membership of Dáil
Disqualification for membership of Dáil.
41.—A person who—
(a) is not a citizen of Ireland, or
(b) has not reached the age of 21 years, or
(c) is a member of the Commission of the European Communities, or
(d) is a Judge, Advocate General or Registrar of the Court of Justice of the European Communities, or
(e) is a member of the Court of Auditors of the European Communities, or
(f) is a member of the Garda Síochána, or
(g) is a wholetime member of the Defence Forces as defined in section 11 (4), or
(h) is a civil servant who is not by the terms of his employment expressly permitted to be a member of the Dáil, or
(i) is a person of unsound mind, or
(j) is undergoing a sentence of imprisonment for any term exceeding six months, whether with or without hard labour, or of penal servitude for any period imposed by a court of competent jurisdiction in the State, or
(k) is an undischarged bankrupt under an adjudication by a court of competent jurisdiction in the State,
shall not be eligible for election as a member, or, subject to section 42 (3), for membership, of the Dáil.
Cesser of membership of Dáil in certain circumstances.
42.—(1) Subject to subsections (2) and (3), where a member of the Dáil—
(a) incurs an incapacity or disability referred to in section 41 , or
(b) is appointed to a post referred to in section 41 , or
(c) is appointed under the Constitution as a Judge, or Comptroller and Auditor General,
he shall thereupon cease to be such member and a vacancy shall exist accordingly in the membership of the Dáil.
(2) The registrar of the court by which a sentence referred to in section 41 (j) was imposed on a member of the Dáil or was confirmed on appeal shall notify the Chairman of the Dáil of the imposition or confirmation of the sentence as soon as possible after—
(a) in case no appeal is taken against the conviction or sentence, the expiration of the time limit for taking the appeal,
(b) in case an appeal is taken against the conviction or sentence and the appeal is disallowed or a sentence mentioned in section 41 (j) is imposed on the appeal, the determination of the appeal,
and on receipt of such notification by the Chairman of the Dáil a vacancy shall exist in the membership of the Dáil.
(3) Where a member of the Dáil has been adjudicated bankrupt by a court of competent jurisdiction in the State and within six months of the date of the order of adjudication the said order is not annulled or the person the subject of the order has not obtained a certificate of discharge under section 85 (7) of the Bankruptcy Act, 1988 , the Examiner of the High Court shall, as soon as possible after the expiration of the period of six months from the date of the order, notify the Chairman of the Dáil and on receipt of such notification by the Chairman of the Dáil a vacancy shall exist in the membership of the Dáil.
(4) As soon as may be after the receipt of a notification under subsection (2) or (3) the Chairman of the Dáil shall inform the Dáil of such receipt.
Candidates at bye-elections.
43.—No member of the Dáil shall, while holding his seat, be eligible to be a candidate at a bye-election to the Dáil.
PART X
Nominations
Notice of election.
44.—The returning officer shall, within two days (disregarding any excluded day) after the day on which he receives the writ, give public notice in the form directed by the Minister (in this Act referred to as the “notice of election”) stating—
(a) the times for receiving nominations,
(b) the amount of the deposit,
(c) the times and place at which nomination papers may be obtained,
(d) the times and place at which he will attend to receive nominations, and
(e) the day and the period fixed for the holding of the poll if the election is contested.
Necessity for nomination.
45.—A person shall not be entitled to have his name inserted in a ballot paper as a candidate at a Dáil election unless he has been nominated in the manner provided by this Act and his nomination paper has been ruled as valid by the returning officer.
Nomination of candidates.
46.—(1) At a Dáil election a person may nominate himself as a candidate or may, with his consent, be nominated by another person (being a person registered as a Dáil elector in the constituency for which he proposes to nominate the candidate) as proposer.
(2) Each candidate shall be nominated by a separate nomination paper in the form prescribed by regulations made by the Minister. The form of nomination paper may include—
(a) a note of the qualifications, disqualifications and incapacities as regards election to and membership of the Dáil,
(b) a form of declaration, to be signed by the candidate or his proposer, that he has read the note referred to in paragraph (a) and believes the candidate to be eligible for election and that the candidate has consented to the nomination.
(3) Each nomination paper shall state the names (the surname being stated first) and the address and occupation (if any) of the candidate.
(4) A candidate may include in his nomination paper the name of the political party registered in the Register of Political Parties as a party organised to contest a Dáil election of which he is a candidate, provided that, at the time the nomination paper is delivered to the returning officer, a certificate in the form directed by the Minister (in this Act referred to as a “certificate of political affiliation”) authenticating the candidature is produced to the returning officer, being a certificate signed by the officer or officer[html] of such party whosename or names appear in the said Register pursuant to section 25 (4) (c). Where such a certificate is produced, the returning officer, provided he is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of the relevant political party to be specified in relation to the candidate on all the ballot papers and on notices.
(5) Where a candidate is not the candidate of a political party registered in the Register of Political Parties as a party organised to contest a Dáil election he shall be entitled to enter after his name on the nomination paper the expression “Non-Party” and, if he does so, the returning officer shall cause a statement of that expression to be specified in relation to the candidate on all the ballot papers and on notices.
(6) The returning officer shall provide nomination papers during the usual office hours, at such place or places as are named in the notice of election, on each week-day during the period beginning on the publication of that notice and ending at 12 noon on the latest date for receiving nominations and he shall supply a nomination paper or papers free of charge to any person applying therefor, but the use of a paper supplied by the returning officer pursuant to this section shall not be obligatory at a Dáil election, provided that the nomination paper used at the election is in the prescribed form.
(7) Every reference in this section to the Register of Political Parties shall be construed as a reference to the copy of that Register sent to the returning officer pursuant to section 25 (14).
Deposit by candidates.
47.—(1) A candidate at a Dáil election, or someone on his behalf, shall, before the expiration of the time appointed by this Act for receiving nominations, deposit with the returning officer the sum of three hundred pounds and if he fails to do so his candidature shall be deemed to have been withdrawn.
(2) The deposit to be made by or on behalf of a candidate pursuant to this section may be made by means of legal tender or, with the consent of the returning officer, in any other manner.
Return or disposal of deposit.
48.—(1) The deposit made by or on behalf of a candidate shall be returned where the candidate—
(a) withdraws his candidature in accordance with section 54 ,
(b) dies before the poll is closed,
(c) has not, before the expiration of the time for the receipt of nominations, been validly nominated as a candidate,
(d) is elected, or
(e) is not elected but the greatest number of votes credited to him at any stage of the counting of the votes exceeds one quarter of the quota.
(2) Any deposit which is not returned under the foregoing subsection shall be forfeited.
(3) If a candidate is nominated at an election in more than one constituency, he shall in no case be entitled to have more than one deposit returned and, if but for this subsection he would be entitled under this section to have more than one deposit returned, only such one as the Minister for Finance shall direct of the deposits shall be returned and the other deposit or deposits shall be forfeited.
(4) Where a deposit is to be returned under subsection (1) it shall be returned to the person by whom it was made; provided that a deposit made by a person who dies before the deposit is returned shall be returned to his personal representative.
(5) A deposit forfeited under this section shall be disposed of by the returning officer in such manner as may be directed by the Minister for Finance.
(6) In this section “personal representative” has the meaning assigned to it by section 3 of the Succession Act, 1965 .
Times for receiving nominations.
49.—The earliest time for receiving nominations shall be 10 a.m. on the day (disregarding any excluded day) next following the latest date for the publication of the notice of election and the latest time for receiving nominations shall be 12 noon on the ninth day (disregarding any excluded day) next following the day on which the writ or writs for the election is or are issued.
Delivery of nomination papers.
50.—(1) Every nomination paper shall be delivered to the returning officer within the times specified in section 49 , by the candidate or his proposer.
(2) The delivery of the nomination paper shall be made by the candidate in person except that, where the candidate is proposed by another person, it may be made either as aforesaid or by the proposer in person.
(3) The returning officer shall attend to receive nominations at the place specified in that behalf in the notice of election between the hours of 10 a.m. and 12 noon and between the hours of 2 p.m. and 5 p.m. on the day (disregarding any excluded day) before the latest date for receiving nominations and between the hours of 10 a.m. and 12 noon on the said latest date.
Selection of nomination papers.
51.—The returning officer shall number the nomination papers in the order in which they are received by him; and the first valid nomination paper nominating a candidate for election shall be deemed to be the nomination of that candidate for that constituency.
Ruling on validity of nomination papers.
52.—(1) The returning officer shall rule on the validity of each nomination paper within one hour after its delivery to him and may rule that it is invalid if, but only if, he considers that it is not properly made out or signed.
(2) The candidate nominated by each nomination paper and his proposer, if any, and one other person designated by the candidate or his proposer, as the case may be, and no other person, except with the permission of the returning officer, shall be entitled to attend while the said nomination paper is being ruled upon by the returning officer.
(3) The returning officer shall object to the name of a candidate in a nomination paper if such name—
(a) is not a name by which the candidate is commonly known; or
(b) is misleading and likely to cause confusion; or
(c) is unduly long; or
(d) contains a political reference;
and where a returning officer so objects, he shall allow the candidate or his proposer, as may be appropriate, to amend the name and, if it is not so amended to the returning officer’s satisfaction, the returning officer may amend it, as he thinks fit, after consultation with the candidate or his proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.
(4) The returning officer shall object to the description of a candidate in a nomination paper which is, in his opinion, incorrect, insufficient to identify the candidate or unnecessarily long or which contains a political reference other than, where appropriate, a reference to a public or elected office held, or formerly held, by the candidate or an entry made pursuant to subsection (4) or (5) of section 46 . Where the returning officer so objects, he shall allow the candidate or his proposer, as may be appropriate, to amend the description and, if it is not so amended to the returning officer’s satisfaction, the returning officer may amend or delete it, as he thinks fit, after consultation with the candidate or his proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.
(5) When the returning officer has ruled on the validity of a nomination paper, he shall put a note of his decision on the nomination paper and shall sign the note. If he rules that the paper is invalid, he shall include a statement of his reasons. His decision under this section shall be final subject only to reversal on a petition questioning the election.
(6) As soon as practicable after ruling on the validity of a nomination paper, the returning officer shall give, by post or otherwise, notice in writing of his ruling to the candidate.
(7) Every person in respect of whom a nomination paper has, under this section, been determined to be valid and whose candidature is not withdrawn in accordance with section 54 or is not deemed under section 47 (1) or 62 (1) to have been withdrawn shall stand validly nominated as a candidate.
Publication of nominations.
53.—The returning officer shall, as soon as practicable after he has ruled that a nomination paper is valid, cause a notice to be displayed outside the place at which he is receiving nominations stating the name and description of the person nominated in the paper and the name and address of his proposer, if any.
Withdrawal of candidature.
54.—(1) A candidate may withdraw his candidature by a notice of withdrawal signed by him and delivered in person by him or by his proposer to the returning officer not later than the hour of 12 noon on the day (disregarding any excluded day) next following the latest date for receiving nominations.
(2) Where the returning officer is satisfied that a candidate wishes to withdraw his candidature and that the candidate and his proposer are unable to attend, withdrawal may be effected by delivering to the returning officer, not later than the said hour, a notice of withdrawal signed by the candidate and by the person delivering the notice.
Publication of withdrawal.
55.—The returning officer shall, immediately on the delivery to him of a notice of withdrawal under section 54 , give public notice of the withdrawal (and, in the case of the withdrawal of a candidate who was nominated by another person as proposer, of the name of the other person).
Obstruction of nominations.
56.—(1) If the proceedings for or in connection with the nomination of candidates are obstructed by violence the returning officer may adjourn the proceedings to a later hour on the same day or to the next following day (disregarding any excluded day) and, if he so considers it necessary, he may further adjourn the proceedings until such obstruction shall have ceased.
(2) Where any proceedings for or in connection with such nomination are adjourned under this section, the returning officer shall so inform the Minister who may, by order, postpone the latest time for receiving nominations in the constituency for a period equal to the period of such adjournment and appoint the day for the taking of the poll in that constituency. In case the Minister appoints a day under this section the poll shall be taken in the constituency concerned on the day so appointed and the order under section 96 shall, in so far as it relates to the constituency, be construed and have effect as if the day appointed under this section were the day specified in the said order for taking the poll.
Candidates entitled to free postage.
57.—(1) Subject to subsections (2) and (4), each candidate at a Dáil election shall, subject to such conditions as may be specified under section 74 of the Postal and Telecommunications Services Act, 1983 , be entitled to send, free of any charge for postage, to each person on the register of Dáil electors for the constituency or to any combination of such persons, one postal communication containing matter relating to the election only and not exceeding 50 grammes in weight.
(2) (a) Where at any Dáil election, any person is a candidate, other than a candidate to whom subsection (4) refers, in more than one constituency he shall not be entitled to exercise the right of free postage conferred by this section in respect of more than one such constituency.
(b) A candidate to whom paragraph (a) applies, or his agent, shall indicate in writing to An Post the constituency in respect of which he wishes to exercise his right to free postage under this section.
(3) A candidate shall not be entitled to exercise the right of free postage conferred by this section before he is validly nominated, unless he has given such security as may be required by An Post for the payment of the postage on all communications sent by him under this section in case he does not eventually become nominated.
(4) Where in a constituency two or more candidates at a Dáil election are candidates of the same political party then for the purposes of this section those candidates shall be regarded as a single candidate.
(5) The Minister may, after consultation with the Minister for Tourism, Transport and Communications and such other persons as he considers appropriate, by order amend the provisions of this section.
(6) (a) The Minister may revoke or amend an order under this section (including an order under this subsection).
(b) Where an order under this section (including an order under this subsection) is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.
Procedure after nominations.
58.—If at 12 noon on the day (disregarding any excluded day) next following the latest date for receiving nominations—
(a) the number of candidates standing nominated exceeds the number of vacancies to be filled, the returning officer shall adjourn the Dáil election and take a poll in accordance with this Act, or
(b) the number of candidates standing nominated is equal to or less than the number of vacancies to be filled, the returning officer shall forthwith declare the candidates standing nominated to be elected and shall return their names to the Clerk of the Dáil in the manner provided for in section 39 (4) and give public notice in accordance with the provisions of section 127 .
PART XI
Agents of Candidates
Appointment of agents.
59.—(1) A candidate may appoint one election agent to assist him generally in relation to a Dáil election.
(2) A candidate or his election agent may appoint with respect to any polling district in the constituency one deputy agent to assist the candidate in the polling district and to act therein as deputy for the candidate’s election agent.
(3) The appointment of an election agent may be revoked by the candidate and the appointment of a deputy agent may be revoked by the candidate or his election agent.
(4) Where the appointment of an agent under this section is revoked or an agent appointed under this section dies, resigns or becomes incapable of acting during a Dáil election, another agent may be appointed under this section in his place.
(5) The person by whom an agent is appointed under this section shall immediately after the appointment give written notice of the appointment and of the name and address of the agent to the returning officer.
General provisions as to agents.
60.—(1) A candidate or his election agent may appoint agents to be present on the candidate’s behalf—
(a) at the issue of ballot papers to postal voters,
(b) in polling stations,
(c) at the opening of the postal ballot boxes, and
(d) at the counting of the votes.
(2) Subject to the provisions of subsection (3), the number of agents who may be appointed to be present on behalf of any candidate shall be fixed by the returning officer so, however, that the same number shall be allowed on behalf of every candidate.
(3) A candidate or his election agent may appoint one person (in this Act referred to as a “personation agent”) to be present as the candidate’s agent in each polling station for the purpose of assisting in the detection of personation, and such appointment shall be in writing.
(4) An appointment under this section may be revoked by the candidate or his election agent.
(5) A candidate or his election agent shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notice to the returning officer of the name and address of every agent appointed by the candidate or his election agent to be present at the said issue and the returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address have not been so notified to him.
(6) A candidate or his election agent shall, not less than 2 days (disregarding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every personation agent appointed by the candidate or his election agent together with the name of the polling station for which the personation agent is appointed. A personation agent appointed in accordance with this section and whose name and address have been duly notified to the returning officer shall be entitled to be present in the polling station referred to in the notification during the period commencing 30 minutes before the time fixed by the Minister for the commencement of the poll and ending when the ballot boxes have been sealed by the presiding officer pursuant to section 110 (2), and the documents and materials specified in that section have been placed in sealed packets.
(7) A candidate or his election agent shall, not less than 2 days (disregarding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every agent appointed by the candidate or his election agent to be present at the opening of the postal ballot boxes and the returning officer may refuse to admit to the place where the postal ballot boxes are to be opened any agent whose name and address have not been so notified to him.
(8) A candidate or his election agent shall, not less than 2 days (disregarding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every agent appointed by the candidate or his election agent to be present at the counting of the votes and the returning officer may refuse to admit to the place where the votes are to be counted any agent whose name and address have not been so notified to him.
(9) Where the appointment of an agent under this section is revoked or an agent appointed under this section dies, resigns or becomes incapable of acting during a Dáil election, another agent may be appointed under this section in his place and, where such an appointment is made, the person making the appointment shall forthwith give written notice of the name and address of the agent appointed to the returning officer.
(10) A candidate may lawfully do or assist in the doing of any thing which may lawfully be done on his behalf by an agent appointed under this section or section 59 and may be present (in addition to, or in substitution for, any such agent) at any place at which any such agent may, pursuant to this Act, be present.
(11) Any thing required by this Act to be done in the presence of an agent of a candidate shall not be invalidated by reason only of the agent’s not being present at the time and place appointed for doing such thing.
Officers not to act as agents of candidates, further candidatures etc.
61.—(1) A returning officer or a person employed by him for any purpose relating to a Dáil election shall not act as an agent for a candidate at that election and shall not be associated in furthering the candidature of a candidate or promoting the interests of a political party at the election.
(2) A returning officer shall not employ in any capacity for the purposes of a Dáil election a person who has been employed by or on behalf of a candidate in or about the election or has been associated in furthering the candidature of a candidate or promoting the interests of a political party at an election.
PART XII
Death of Candidate or Outgoing Chairman of Dáil
Death of a candidate.
62.—(1) Where, not less than forty-eight hours before the latest time for receiving nominations the returning officer becomes satisfied that a candidate standing nominated has died, the returning officer shall immediately give public notice to that effect and the candidature of the candidate shall be deemed to have been withdrawn.
(2) Where, at any time during the period beginning forty-eight hours before the latest time for receiving nominations and ending on the commencement of the poll, the returning officer becomes satisfied that a candidate standing nominated for election has died, the following provisions shall have effect in relation to the Dáil election—
(a) the returning officer shall forthwith notify the Minister and the Clerk of the Dáil of the death of the candidate and at the same time, if notice of the poll has been given, he shall countermand the poll,
(b) the returning officer shall forthwith give public notice that all acts done in connection with the election (other than the nomination of the surviving candidates) are void and that a fresh election will be held,
(c) all the proceedings for the election shall be commenced afresh, but a fresh nomination or consent shall not be necessary in respect of any candidate who stood nominated at the time when notification of the death of the candidate was sent to the Minister,
(d) at the fresh election the earliest time for receiving nominations shall be 10 a.m. on the day (disregarding anyexcluded day) next following the date of the publication of the notice under section 44 in relation to the fresh election and the latest time for receiving nominations shall be 12 noon on the ninth day (disregarding any excluded day) next following the date on which the returning officer sends notification of the death of the candidate to the Minister,
(e) the polling day at the fresh election shall be fixed by the Minister,
(f) for the purposes of section 44 in relation to the fresh election, the returning officer shall be deemed to have received the writ on the day after the day on which he sends notification of the death of the candidate to the Minister,
(g) subsection (14) of section 25 shall not apply in relation to the fresh election and references to the Register of Political Parties contained otherwise in that section shall, in relation to the fresh election, be construed as a reference to the copy of that Register sent to the returning officer in relation to the original election.
(3) Where, at any time after the commencement of the poll in a constituency and before the close of such poll, the returning officer becomes satisfied that a candidate has died—
(a) all votes cast at the Dáil election in the constituency shall be disregarded and the ballot papers shall be destroyed by the returning officer,
(b) the provisions of paragraphs (a) to (g) of subsection (2) shall apply.
(4) Where a candidate at a Dáil election dies in circumstances other than those referred to in subsections (1), (2) or (3) his death shall not invalidate his nomination or any preference recorded for him and if he is elected his election shall not be invalidated by reason of his death, but he shall be deemed to have vacated his membership of the Dáil immediately after his election.
(5) Where a poll is countermanded under this section, all ballot papers issued to postal voters and special voters shall be disregarded and the returning officer shall destroy all ballot papers received by him for inclusion in the countermanded poll.
Death of outgoing Chairman of Dáil.
63.—(1) Where an outgoing Chairman of the Dáil within the meaning of section 36 who has not announced to the Dáil before its dissolution that he does not desire to become a member of the Dáil at the general election consequent on the dissolution dies before the close of the poll in the constituency for which he is deemed by virtue of that section to be elected, the following provisions shall have effect:
(a) if the Clerk of the Dáil becomes satisfied that the outgoing Chairman of the Dáil has died before the issue of the writ to the returning officer for the constituency, that section shall cease to have effect in respect of the general election;
(b) if, after the issue of the writ and before the commencement of the poll in the constituency, the Clerk of the Dáil becomes satisfied that the outgoing Chairman of the Dáil has died—
(i) the Clerk of the Dáil shall, upon being satisfied of the fact of the death, recall the writ and issue in lieu thereof to the returning officer a writ (in this paragraph referred to as the new writ) so worded that it directs him to cause an election to be held of the full number of members of the Dáil for the constituency and he shall, at the same time as he issues the new writ, notify the Minister of its issue;
(ii) the returning officer shall, upon being satisfied of the death, or upon receiving the new writ (whichever first happens), countermand the poll if notice thereof has been given;
(iii) all the proceedings for the election shall be commenced afresh;
(iv) the returning officer shall give public notice that all acts done in connection with the election (other than the nomination of the surviving candidates) are void and that a fresh election will be held;
(v) in the fresh election—
(I) the latest time for receiving nominations shall be 12 noon on the last day of the period which consists of the nine days (disregarding any excluded day) next following the day on which the new writ is issued and the polling day shall be fixed by the Minister,
(II) no fresh nomination or consent shall be necessary in respect of any candidate who stood nominated, in case there was a countermand of the poll under subparagraph (ii), at the time of the countermand of the poll and, in any other case, at the time of the receipt by the returning officer of the new writ;
(vi) subsection (14) of section 25 shall not apply in relation to the fresh election and references to the Register of Political Parties contained otherwise in that section shall, in relation to the fresh election, be construed as a reference to the copy of that Register sent to the returning officer in relation to the original election;
(c) if the returning officer becomes satisfied that the outgoing Chairman of the Dáil has died after the commencement of the poll in the constituency and before the close of such poll—
(i) all votes cast at the election in the constituency shall be disregarded and the ballot papers destroyed by the returning officer,
(ii) the provisions of subparagraphs (i) to (vi) of paragraph (b) shall apply.
(2) Where a poll is countermanded under this section, all ballot papers issued to postal voters and special voters shall be disregarded and the returning officer shall destroy all ballot papers received by him for inclusion in the countermanded poll.
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,
(c) an envelope (in this Part referred to as a “covering envelope”) addressed to the returning officer, and
(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;
(c) place the closed envelope in a postal voters ballot box;
(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
(c) any rejected ballot papers, with envelopes, if any, attached.
(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;
(c) an envelope marked (and in this Part referred to as a) “ballot paper envelope”; and
(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;
(c) the marked copy of the special voters list;
(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.
PART XV
Polling on Islands
Advance polling on islands.
85.—(1) This section applies where a poll is to be taken at a Dáil election in a constituency and the returning officer is of opinion that, in the case of a polling station situate on an island, it may be impracticable owing to stress of weather or transport difficulties, either—
(a) to take the poll on the polling day appointed by the Minister, or
(b) if the poll were taken on that day, to deliver the ballot boxes to the place for the counting of the votes at or before the hour of 9 a.m. on the day next after the polling day.
(2) Where this section applies, the returning officer shall give public notice in the polling district stating that he will take the poll at the polling station on the island on a specified day, being a day earlier than the polling day appointed by the Minister and later than the sixth day before the said polling day, and the following provisions shall, notwithstanding anything contained in this Act, have effect:
(a) the returning officer shall take the poll at the polling station on the island on the day specified in the notice or, where he is of opinion that, owing to stress of weather, the poll cannot be taken on that day, on the first day after that day on which, in his opinion, transport between the island and the mainland is reasonably safe,
(b) where owing to transport difficulties the poll cannot begin at the hour fixed by the Minister for the commencement of the poll, it shall begin as soon as possible after that hour,
(c) where, after the polling has continued for not less than four hours, the presiding officer is of opinion that, if the poll were further continued, the ballot boxes could not reach the place for the counting of the votes at or before the hour of 9 a.m. on the day next after the polling day appointed by the Minister, he may then close the poll.
(3) No alteration shall be made in the form or contents of the notice of poll under section 87 by reason of an alteration under this section of the day and hours of the poll.
Polling on islands; further provisions.
86.—Where a poll, other than a poll taken on a day specified under section 85 , is to be taken in a constituency, notwithstanding anything contained in this Act, the following provisions shall have effect in relation to a polling station on an island—
(a) where, owing to stress of weather or transport difficulties, the poll cannot begin at the hour fixed by the Minister for the commencement of the poll, it shall begin as soon as possible after that hour,
(b) where, after the poll has continued for not less than four hours, the presiding officer is of opinion that if the poll were further continued the ballot boxes could not reach the place for the counting of the votes at or before the hour of 9 a.m. on the day next after the polling day appointed by the Minister, he may then close the poll.
PART XVI
Arrangements for the Poll
Notice of the poll.
87.—Where a Dáil election is adjourned for the purpose of taking a poll, the returning officer shall, as soon as practicable after the adjournment, publish a notice (in this Act referred to as “the notice of poll”) stating—
(a) the day on which and the hours during which the poll will be taken,
(b) the names and descriptions of the candidates standing nominated at the election as entered in their nomination papers and of the proposers, if any, and
(c) the order in which the names of the said candidates will appear on the ballot papers.
Ballot papers.
88.—(1) The ballot of a voter at a Dáil election shall consist of a paper (in this Act referred to as a “ballot paper”) in the form specified in the Fourth Schedule .
(2) Ballot papers shall be prepared in accordance with the following directions—
(a) a ballot paper shall contain the names and descriptions of the candidates standing nominated at the election, as shown in their respective nomination papers. The names shall be arranged alphabetically in the order of the surnames or, if there are 2 or more candidates bearing the same surname, in the alphabetical order of their other names or, if their surnames and other names are the same, in such order as shall be determined by lot by the returning officer,
(b) the surname of each candidate and the name of his political party if any, or, if appropriate, the expression “Non-Party” shall be printed in large capitals, his name shall be printed in small capitals and his address and occupation, if any, as appearing in his nomination paper shall be printed in ordinary characters,
(c) the list of candidates shall be arranged either in one continuous column or in 2 or more columns in such manner (without departing from the alphabetical order) as, in the opinion of the returning officer, is best for marking and counting, but subject to the restriction that the spaces on the ballot paper within which the candidates’ names and descriptions appear shall be the same for each of the candidates,
(d) the ballot papers shall be numbered consecutively on the back and the back of the counterfoil attached to each ballot paper shall bear the same number. The numbers on the ballot papers shall be printed in the smallest characters compatible with legibility and shall be printed on or about the centre of the paper,
(e) the top right hand column on the ballot paper shall bear such markings as to ensure that nothing may be written therein,
(f) apart from anything permitted by the form specified in the Fourth Schedule , nothing shall appear on the ballot paper except in accordance with these directions.
The official mark.
89.—(1) A ballot paper shall at the time of issue be marked with an official mark (in this Act referred to as “the official mark”), which shall be either embossed or perforated so as to be visible on both sides of the paper and the returning officer shall provide a sufficient number of marking instruments for this purpose.
(2) The returning officer shall ensure that the official mark is kept secret before the taking of the poll and that an interval of not less than seven years shall intervene between each use of the same official mark at a Dáil election in the constituency.
Ballot boxes.
90.—Every ballot box shall be so constructed that it can be securely locked and that while it is so locked ballot papers can be inserted therein but cannot be extracted and that the box and the aperture for the insertion of ballot papers can be sealed.
Use of local elections ballot boxes etc.
91.—Any ballot boxes, fittings for polling stations and compartments provided for local elections in any local electoral area wholly or partly contained in a Dáil constituency or for European elections in a European constituency in which a Dáil constituency is wholly or partly contained may be used for any Dáil election in such Dáil constituency; and it shall be the duty of the returning officer at any Dáil election in such constituency to make use so far as practicable of the ballot boxes, fittings and compartments aforesaid, and upon taxation of his accounts regard shall be had to the provisions of this section, and any damage, other than reasonable wear and tear, caused to any such ballot boxes, fittings and compartments by such user at a Dáil election shall be paid as part of the expenses of the election.
Polling information cards.
92.—(1) Where a poll is to be taken at a Dáil election in a constituency, the returning officer shall send to every elector whose name is on the register of Dáil electors for the constituency and is not on the postal voters list or the special voters list a card (in this section referred to as a “polling information card”) in such form as may be directed by the Minister informing him of his number (including polling district letter) on the register of Dáil electors and of the place at which he will be entitled to vote, and containing a statement in relation to the specified documents referred to in section 111 .
(2) A polling information card shall be addressed to the elector at the address in respect of which he is registered in the register of Dáil electors and shall be delivered at that address not later than the third day before the polling day.
(3) Where a polling information card is dispatched by post it shall be transmitted without prepayment of charges therefor by the earliest practicable post.
(4) No action or other proceedings shall lie against a returning officer in respect of any failure to send, non-delivery of or error or mis-statement in a polling information card.
Use of schools and public premises.
93.—(1) The returning officer may for the purpose of taking the poll and counting the votes at a Dáil election use, free of charge, any school or any room in a school and any premises (other than a dwelling house) owned or occupied by a local authority.
(2) The returning officer shall make good any damage to, and may defray any expenses incurred by the person having control over such school, room or premises by reason of its being used by him at a Dáil election.
(3) The use of any unoccupied premises or any part thereof for the purpose of taking the poll and counting the votes at a Dáil election shall not make the premises liable to be rated or render any person liable to pay any rate for the premises.
(4) A person having charge of a school adjoining or adjacent to or forming part of a church or a convent or other religious establishment may, within twenty-four hours after receiving notice from the returning officer of an intention to use such school or any part thereof at a Dáil election, object to such use by sending a statement of such objection to the returning officer. Any objection made under this subsection may, on the application of the returning officer, be overruled by the Minister if he thinks it right so to do, but unless and until such objection is so over-ruled, no part of the school referred to in such objection may be used under this section.
(5) In this section “school” means any school receiving a grant out of moneys provided by the Oireachtas and includes a national school and a secondary, vocational or other post-primary school.
Polling stations.
94.—(1) At every polling place the returning officer shall provide a sufficient number of polling stations, conveniently distributed for the accommodation of the Dáil electors entitled to vote there. Where, by reason of any difficulty, a polling station or a sufficient number of polling stations cannot be provided at the appointed polling place, the returning officer may provide a polling station or polling stations at any other convenient place.
(2) The returning officer shall allot the Dáil electors to the polling stations in such manner as, in his opinion, will be most convenient for them.
(3) The returning officer shall give public notice of the location of polling stations in each polling place and the description of Dáil electors allotted to vote at each such place.
(4) The returning officer shall make adequate provision for the heating, lighting and cleaning of each polling station.
(5) The returning officer shall provide at each polling station—
(a) such number of compartments in which the voters can mark their ballot papers screened from observation, as he considers necessary,
(b) such furniture as he considers necessary,
(c) a sufficient number of ballot boxes,
(d) such number of ballot papers as he considers necessary,
(e) instruments for placing the official mark on ballot papers,
(f) copies of the register or such part thereof as contains the names of the Dáil electors allotted to vote at the station,
(g) such materials as he considers necessary to enable voters to mark their ballot papers,
(h) such other documents, forms, stationery and other materials as he considers necessary.
(6) The returning officer shall keep a record of the numbers on the ballot papers provided by him at each polling station.
Presiding officers and poll clerks.
95.—(1) The returning officer shall appoint a presiding officer to preside at each polling station and may also appoint a poll clerk or clerks to assist each presiding officer. Any such appointment may be revoked at any time by the returning officer and where the appointment revoked is the appointment of a presiding officer the returning officer shall forthwith appoint a fresh presiding officer to preside at the relevant polling station.
(2) The returning officer shall, on request, permit a person in respect of whom he is satisfied that that person has a bona fide interest in the Dáil election as either a candidate or a prospective candidate, or the agent of such a person, to inspect the list of persons to whom he has offered, or proposes to offer, appointments as presiding officers or poll clerks.
(3) A presiding officer shall keep order at his station, regulate the number of Dáil electors to be admitted at a time and shall exclude all other persons except those authorised by section 98 to be present in the station.
(4) The presiding officer may do, by a clerk appointed to assist him, any act which he is required or authorised to do by this Act, except ordering the arrest, exclusion or ejection from the polling station of any person.
(5) The returning officer or a person appointed by him under subsection (6) may perform all or any of the functions of a presiding officer and while so doing shall be subject to the provisions of this Act in like manner as if he had been appointed a presiding officer.
(6) The returning officer may appoint a person to act as his representative in a polling place to carry out such duties as the returning officer may assign to him.
PART XVII
The Poll
Times of poll.
96.—(1) A poll at a Dáil election—
(a) shall be taken on such day as shall be appointed by the Minister by order, being a day which (disregarding any excluded day) is not earlier than the seventeenth day or later than the twenty-fifth day next following the day on which the writ or writs for the election is or are issued,
(b) shall continue for such period, not being less than twelve hours, between the hours of 8 a.m. and 10.30 p.m. as may be fixed by the Minister by order, subject to the restriction that, in the case of a general election, he shall fix the same period for all constituencies.
(2) An order under this section shall be published in the Iris Oifigiúil as soon as may be after it is made.
Opening of the poll.
97.—Immediately before the commencement of the poll the presiding officer at each polling station shall show each ballot box in his charge to such persons as are present in the station, so that they may see that it is empty, and shall then lock the box and seal it in such manner as to prevent its being opened without breaking the seal and shall place it in his view for the receipt of ballot papers, and keep it so locked, sealed and in view during the poll.
Admission to polling station.
98.—No person shall be admitted to a polling station other than—
(a) the returning officer and any representative of his,
(b) the presiding officer and poll clerk for the station,
(c) a candidate, his election agent and his deputy agent for the polling district concerned,
(d) the personation agents duly appointed in writing for the station by or on behalf of the candidates,
(e) Dáil electors admitted for the purpose of voting at the polling station,
(f) companions of Dáil electors whose sight is so impaired or who are otherwise so physically incapacitated that they are unable to vote without assistance, while such companions are assisting such electors,
(g) members of the Garda Síochána on duty,
(h) messengers sent by or on behalf of the returning officer, and
(i) other persons authorised by the returning officer to be present in the station.
Voting by persons in the employment of returning officers.
99.—Where a Dáil elector for a constituency is employed by a returning officer for any purpose in connection with a Dáil election and the circumstances of that elector’s employment are, in the opinion of the returning officer, such as to prevent him from voting at the polling station at which that Dáil elector would otherwise be entitled to vote, the returning officer may authorise such Dáil elector, by an authorisation given in such form as may be directed by the Minister, to vote at any other polling station in the constituency.
Authorisation of physically ill or physically disabled elector to vote at another polling station.
100.—Where, not less than 7 days before polling day at a Dáil election, a Dáil elector, whose name is not on the postal voters list or the special voters list, satisfies the returning officer that he is unable, by reason of physical illness or physical disability suffered by him, to vote at the polling station at which he would otherwise be entitled to vote, the returning officer may, if he is of opinion that it would be more convenient for the elector because of his physical illness or physical disability to vote at another polling station situate in the same constituency, in writing authorise the elector to vote at such polling station as may be specified in the authorisation instead of the polling station at which the elector would otherwise be entitled to vote.
Procedure for voting.
101.—(1) Subject to the provisions of sections 38 , 64 , 79 , 99 , 100 , 103 , 104 , 105 and 111 , the presiding officer shall deliver a ballot paper to a Dáil elector who applies therefor and declares his name and address.
(2) Immediately before a ballot paper is delivered to a Dáil elector—
(a) the number (including polling district letter) and name of the elector as stated in the register shall be called out,
(b) the ballot paper shall be marked with the official mark,
(c) a mark shall be placed in the register against the number of the elector to denote that a ballot paper has been issued to that elector but without showing the number of the ballot paper so issued.
(3) A Dáil elector on receiving the ballot paper shall (subject to the provisions of section 103 ) go alone into one of the compartments in the polling station and there shall secretly record his vote on the ballot paper and fold the paper so that his vote is concealed. He shall then return to the presiding officer’s table, show the back of the folded paper to the presiding officer so as to disclose the official mark and then put the folded paper into the ballot box. He shall vote without undue delay and shall leave the polling station as soon as he has put his ballot paper into the ballot box.
Spoilt ballot papers.
102.—A voter who has inadvertently spoiled his ballot paper shall, on returning it to the presiding officer and satisfying him as to the inadvertence, be given another ballot paper. The presiding officer shall immediately mark “spoilt” on the spoilt ballot paper and on the counterfoil thereof. He shall retain the spoilt ballot paper and counterfoil and deal with them in accordance with section 110 .
Voting by blind, incapacitated and illiterate electors.
103.—(1) Where a Dáil elector applying for a ballot paper satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated or that he is unable to read or write to such an extent that he is unable to vote without assistance, this section shall apply.
(2) For the purposes of subsection (1) the presiding officer may, and if required by any personation agent present in the polling station shall, administer to the Dáil elector before delivery of the ballot paper an oath or (in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief) an affirmation in the following form:
“I swear by Almighty God (or — do solemnly, sincerely and truly declare and affirm — as the case may be) that my sight is so impaired (or — that I am so physically incapacitated or — that I am unable to read or write to such an extent — as the case may be) that I am unable to vote without assistance”
and if the Dáil elector refuses to take the oath or make the affirmation, this section shall not apply.
(3) Where this section applies in the case of a Dáil elector who satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance, the elector may request that his ballot paper shall be marked for him by a companion and, subject to subsection (4), the companion may go with the elector into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper in the ballot box.
(4) The presiding officer may, and if required by any personation agent present in the polling station shall, put to the companion before delivery of the ballot paper, the following questions or any one or more of them:
(i) Have you attained the age of sixteen years?
(ii) Have you marked as a companion more than one ballot paper at this election?
(iii) Are you a candidate at this election?
(iv) Are you an agent of a candidate at this election?
and unless such of those questions as are put to the companion are answered, in the case of the first of those questions, in the affirmative and, in the case of any other of those questions, in the negative, the companion may not mark the ballot paper.
(5) Where this section applies and—
(a) the Dáil elector is unable to read or write, or
(b) the Dáil elector does not request that his ballot paper shall be marked for him by a companion, or
(c) the Dáil elector having so requested, the marking of his ballot paper by the companion would be in contravention of subsection (4),
the presiding officer shall, in the presence of the elector and the personation agents and no other person, mark a ballot paper as instructed by such elector and shall then fold it and place it in the ballot box.
(6) A request made by a Dáil elector within two hours before the hour fixed by the Minister for the close of the poll to have his ballot paper marked for him under this section otherwise than by acompanion may be refused by the presiding officer if, in his opinion, having regard to the number of Dáil electors then coming in to vote or likely to come in to vote before the close of the poll, his acceding to such request would interfere with the proper discharge of his duties or would unduly obstruct the voting of other Dáil electors.
(7) Where a ballot paper is to be marked pursuant to subsection (5) the presiding officer may assist the Dáil elector by reading out in full from the ballot paper the particulars stated in respect of each candidate, but he shall not act on any written instruction.
(8) Where, pursuant to this section, a person has marked as a companion two ballot papers at a Dáil election, he shall not, at that election, mark as a companion any other ballot paper.
(9) A person shall not mark as a companion a ballot paper at a Dáil election if he has not reached the age of 16 years or if he is a candidate or agent of a candidate at that election.
Alleged personation.
104.—(1) Where, at a Dáil election, a ballot paper has been issued to a person representing himself to be a particular Dáil elector named on the register of Dáil electors and another person representing himself to be that Dáil elector applies for a ballot paper and duly produces a specified document having been so required by the presiding officer under section 111 and answers such of the questions as may be put to him or takes the oath or makes the affirmation under the said section, subject to section 111 , that other person shall be entitled to receive a ballot paper and mark and place it in the ballot box in like manner as any other Dáil elector.
(2) The presiding officer shall make out a statement showing the total number of ballot papers issued pursuant to this section and the name and number (including polling district letter) on the register of Dáil electors of each of the persons to whom such papers were issued.
Arrest of person committing personation.
105.—(1) Where a presiding officer has reasonable cause to believe that any person who applies for or has applied for a ballot paper is committing or has committed personation he may, before such person has left the polling station, direct a member of the Garda Síochána to arrest the person on the charge of having committed personation and the member of the Garda Síochána shall comply with such direction.
(2) If at the time a person applies for a ballot paper at a Dáil election, or after he has applied for a ballot paper and before he has left the polling station, a personation agent declares to the presiding officer that he believes and undertakes in writing to prove that the applicant has committed personation, the presiding officer may direct a member of the Garda Síochána to arrest the applicant on the charge of having committed personation and the member of the Garda Síochána shall comply with such direction.
(3) Any member of the Garda Síochána may, without any warrant, arrest any person who, he has reasonable cause to believe, is committing, or has committed, personation.
(4) Any arrest authorised by this section may be made at any place whether in a polling station or out of such a station.
(5) No action or other proceeding shall lie against a presiding officer in respect of the arrest on his direction, without malice, of any person on a charge of having committed personation.
Maintenance of order in polling station.
106.—(1) If any person misconducts himself at a polling station or fails to obey the lawful orders of the presiding officer for that station, he may immediately, by order of the said presiding officer, be removed from the polling station by any member of the Garda Síochána or by any other person authorised in writing by the presiding officer to remove him. A person so removed shall not re-enter the polling station without the permission of the presiding officer.
(2) The presiding officer shall as far as practicable ensure that all material which advocates the candidature of a particular person or persons or of members of a political party is removed from the polling station.
(3) For the purpose of this section a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate.
Obstruction of the poll.
107.—(1) Where the poll at any polling station is obstructed by violence, the presiding officer for that station may adjourn the said poll until the next following day (disregarding any excluded day) and on such day the said poll shall be resumed at a time corresponding to the time fixed for the commencement of the poll and shall continue until a time corresponding to the time fixed for the close of the poll on the polling day. References in this Act to the close of the poll shall be construed accordingly in relation to the said polling station.
(2) In the event of such obstruction, only the poll at such polling stations as are actually affected by the obstruction may be adjourned and the poll at all other polling stations shall be continued without adjournment.
(3) Where a poll is adjourned under this section the presiding officer shall forthwith give notice of such adjournment to the returning officer who shall not open any of the ballot boxes used in the constituency until the adjourned poll has been completed.
(4) This section shall apply to any obstruction caused by persons being prevented by violence from going to any polling station and to obstruction caused in any other manner by violence.
Damage to polling stations.
108.—Subject to sections 56 , 62 , 63 , 85 , 86 , 107 and 109 , where, for any reason, including damage to a polling station, the poll at any polling station cannot be taken or continued in accordance with section 96 the following provisions shall have effect:
(a) the returning officer shall—
(i) forthwith give public notice to that effect,
(ii) inform the Minister, and
(iii) take all such steps and give all such directions as he thinks proper for the holding or completion of the poll at such polling station,
(b) a fresh poll shall be held or the poll shall be continued, as may be appropriate, at such polling station on a day (not being later than seven days after the polling day) appointed for the purpose by the returning officer,
(c) the provisions of this Act shall apply in respect of such fresh poll or the continued poll in like manner as they apply to the original poll, and
(d) the returning officer shall not open any of the ballot boxes used in the constituency until the fresh poll or the continued poll has been completed.
Destruction etc. of ballot boxes or ballot papers.
109.—If at a Dáil election any ballot boxes or ballot papers are, without lawful authority, taken out of the custody of the returning officer or of a presiding officer or are in any way tampered with or are destroyed or (in the case of ballot papers) are maliciously torn or defaced the following provisions shall have effect:
(a) the poll at every polling station at which any of the said ballot boxes or ballot papers were used shall be void,
(b) the returning officer shall forthwith inform the Minister of the polling having so become void,
(c) upon receipt of that information, the Minister shall forthwith take all such steps and give all such directions as he thinks proper for the taking of a fresh poll at every such polling station,
(d) a fresh poll shall be taken at every such polling station on a day appointed for this purpose by the Minister,
(e) the provisions of this Act shall apply in respect of such fresh poll in like manner as they apply to the original poll,
(f) the returning officer shall not open any of the ballot boxes used in the constituency until the fresh poll has been completed.
Duties of presiding officer at close of poll.
110.—(1) At the time fixed for the close of the poll the presiding officer shall take steps to ensure that no further Dáil electors are admitted to the polling station, but any elector on the premises at that time shall, subject to the provisions of this Act, be entitled to receive a ballot paper and to vote.
(2) As soon as practicable after the close of the poll, the presiding officer shall seal each ballot box in his charge so that no further ballot papers can be inserted therein and shall attach the key thereto and seal up in separate packets—
(a) the unused and spoilt ballot papers, placed together,
(b) the marked copies of the register of Dáil electors,
(c) the counterfoils of the ballot papers,
(d) a ballot paper account in such form as may be directed by the Minister made out by him and a statement prepared in accordance with section 104 (2),
(e) any authorisations given by the returning officer under section 99 or 100 authorising persons to vote at the polling station,and any undertakings by a personation agent to prove that a person has committed personation, and
(f) the marking instruments, unused stationery and other documents and materials relating to the Dáil election,
and shall deliver all such ballot boxes and packets to the returning officer.
(3) The returning officer shall make adequate arrangements for the safe custody of the ballot boxes delivered in pursuance of this section and of all documents connected with the poll.
Right to vote.
111.—(1) Subject to the subsequent provisions of this section, every person whose name is on the register of Dáil electors for the time being in force for a constituency, and no other person, shall be entitled to vote at the poll at a Dáil election in that constituency.
(2) For the purposes of this section—
(a) a person’s name shall be taken to be on a register of Dáil electors if the register includes a name which in the opinion of the returning officer or presiding officer was intended to be the person’s name;
(b) (i) the returning officer or the presiding officer may of his own volition, or if so required by a personation agent present in the polling station, request any person at the time of applying for a ballot paper, but not afterwards, to produce a specified document and, if the person fails to produce such a document, or if the returning officer or the presiding officer is not satisfied that the person is the person to whom the document relates, such person shall not be permitted to vote;
(ii) for the purposes of this paragraph “specified document” means such document as may be specified in regulations made by the Minister under this section;
(c) the returning officer or presiding officer may, and if so required by a personation agent present in the polling station shall, put to any person when he applies for a ballot paper, but not afterwards, the following questions, or any one or more of them:
(i) Are you the same person as the person whose name appears as AB on the register of Dáil electors now in force for the constituency of?
(ii) Have you already voted at this election?
(iii) Had you reached the age of eighteen years on (date of coming into force of the register)?
and unless such of those questions as are put to the person are answered, in the case of the first and third of those questions, in the affirmative and, in the case of the second of them, in the negative, the person shall not be permitted to vote;
(d) the returning officer or presiding officer may, and if so required by a personation agent present in the polling station shall, administer to any person when he applies for a ballot paper, but not afterwards, an oath or (in the case of any person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief) an affirmation in the following form:
“I swear by Almighty God (or — do solemnly, sincerely and truly declare and affirm — as the case may be) that I am the same person as the person whose name appears as AB on the register of Dáil electors now in force for the constitutency of……….and that I have not already voted at this election, and that I had attained the age of eighteen years on……….(date of coming into force of the register)”;
and if such person refuses to take the oath or make the affirmation he shall not be permitted to vote.
(3) Save as is provided by this section and section 103 , no request to a voter to produce a document shall be made, and no question, oath, affirmation or objection shall be put or permitted at the time of the poll at a Dáil election as to the right of any person to vote, and no objection thereto shall be made or received by any returning officer or presiding officer.
(4) Nothing in this section shall be construed as entitling any person to vote who is not entitled to do so, or as relieving him from any penalties to which he may be liable for voting.
PART XVIII
Arrangements for the Counting of the Votes
Place for the counting of the votes.
112.—The returning officer for a constituency shall appoint a place within or convenient to the constituency as the place at which he will count the votes and shall, at the place so appointed, provide suitable accommodation and all furniture and equipment necessary for counting the votes in accordance with Part XIX and shall make adequate arrangements for the safe custody of the ballot papers and other documents relating to the Dáil election concerned.
Attendance at the counting of the votes.
113.—(1) Not less than 4 days (disregarding any excluded day) before the polling day the returning officer shall give written notice to each candidate of the time and place at which he will proceed to count the votes and of the number of agents each candidate may appoint to be present at the counting of the votes.
(2) The returning officer, his assistants and clerks, members of the Garda Síochána on duty and the agents of the candidates duly appointed for the purpose under this Act may be present at the counting of the votes and no other person shall be present without the permission of the returning officer.
(3) The returning officer shall give the agents of the candidates all such reasonable facilities for overseeing the proceedings at the counting of the votes (including, in particular, facilities for satisfyingthemselves that the ballot papers have been correctly sorted) and all such information with respect thereto as he can give them consistent with the orderly conduct of the proceedings and the performance of his functions.
Preliminary proceedings.
114.—(1) At 9 a.m. on the day next following the polling day, and at the place appointed under section 112 , the returning officer for the constituency shall, in the presence of the agents of the candidates, open the ballot boxes and extract the ballot papers therefrom.
(2) The ballot papers extracted by the returning officer from each ballot box shall be counted and their total number shall be compared with the number shown in the appropriate ballot paper account. The returning officer shall prepare a statement showing the result of this comparison in respect of all the ballot boxes and he shall, on request allow the agent of any candidate to copy the statement.
(3) The returning officer shall then mix together the whole of the ballot papers and shall forthwith proceed to count the votes in accordance with Part XIX .
(4) The returning officer, while counting and recording the number of ballot papers, shall cause the said papers to be kept face upwards and shall take due precautions to prevent any person from seeing the numbers printed on the backs of the said papers.
Time for the counting of the votes.
115.—The returning officer shall, so far as practicable, proceed continuously with the counting of the votes, except during time for refreshment, and excluding (except so far as he and the candidates otherwise agree) the hours between 11 p.m. and 9 a.m.
Conduct of the counting of the votes.
116.—The returning officer shall cause the ballot papers to be scrutinised for the purpose of discovering any papers liable to be rejected as invalid and shall, in accordance with Part XIX , ascertain and record the number of votes given to each candidate.
Handling of ballot papers by candidates or agents.
117.—Candidates or their agents shall not handle ballot papers during the counting of the votes.
PART XIX
Rules for the Counting of the Votes
Interpretation ( Part XIX ).
118.—(1) In this Part—
“continuing candidate” means any candidate not deemed to be elected and not excluded;
“count” means—
(a) all the operations involved in the counting of the first preferences recorded for candidates;
(b) all the operations involved in the transfer of the surplus of a candidate deemed to be elected;
(c) all the operations involved in the transfer of the votes of an excluded candidate; or
(d) all the operations involved in the transfer of the votes of two or more candidates together;
“deemed to be elected” means deemed to be elected for the purpose of the counting of the votes but without prejudice to the declaration of the result of the poll;
“determine by lot” means determine in accordance with the following directions, namely, the names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidate or candidates shall in cases of exclusion be excluded in the order in which their names are drawn, and, in cases of surpluses, the surpluses shall be transferred in the order in which the names are drawn, and, in cases of equality of fractions, the fraction relating to the candidate whose name is first drawn shall be deemed to be the largest;
“non-transferable paper” means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate; provided that a paper shall be deemed to have become a non-transferable paper whenever—
(a) the names of two or more candidates (whether continuing candidates or not) are marked with marks which, in the opinion of the returning officer, indicate the same order of preference and are next in order of preference; or
(b) the name of the candidate next in order of preference (whether a continuing candidate or not) is marked with a mark which, in the opinion of the returning officer, does not follow consecutively after some other mark on the ballot paper, or with two or more marks; or
(c) it is void for uncertainty;
“original vote” in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate;
“preference” shall be interpreted as follows—
(a) “first preference” means any mark which, in the opinion of the returning officer, clearly indicates a first preference;
“second preference” means any mark which, in the opinion of the returning officer, clearly indicates a second preference standing in succession to a first preference;
“third preference” means any mark which, in the opinion of the returning officer, clearly indicates a third preference standing in succession to a second preference and so on;
(b) “next available preference” means a preference which, in the opinion of the returning officer, is a second or subsequent preference recorded in consecutive order for a continuing candidate, the preferences next in order on the ballot paper for candidates already deemed to be elected or excluded being disregarded;
“surplus” means the number of votes by which the total number of the votes, original and transferred, credited to any candidate, exceeds the quota;
“transferable paper” means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate;
“transferred vote” in regard to any candidate, means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate.
(2) Any ballot paper—
(a) which does not bear the official mark; or
(b) on which the figure 1 standing alone, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is not placed at all or is not so placed as to indicate a first preference for some candidate; or
(c) on which the figure 1 standing alone indicating a first preference, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is set opposite the name of more than one candidate; or
(d) on which anything is written or marked which, in the opinion of the returning officer, is calculated to identify the elector;
shall be invalid and not counted, but the ballot paper shall not be invalid by reason only of carrying the words “one”, “two”, “three” (and so on) or any other mark which, in the opinion of the returning officer, clearly indicates a preference or preferences.
(3) The returning officer shall endorse “rejected” on any ballot paper which under this section is not to be counted. The returning officer shall prepare a statement in such form as may be directed by the Minister showing the number of ballot papers rejected by him under each of the paragraphs (a), (b), (c) and (d) of subsection (2) and shall, on request, allow any candidate or agent of a candidate to copy such statement.
(4) The returning officer may endorse on any ballot paper which he does not reject as invalid an indication of his decision on it without, however, interfering with any mark placed by the elector on the ballot paper.
First count.
119.—(1) After the ballot papers have been mixed in accordance with section 114 the returning officer shall, rejecting any that are invalid, arrange them in parcels according to the first preferences recorded for each candidate.
(2) The returning officer shall then count the number of papers in each parcel and credit each candidate with a number of votes equal to the number of valid papers on which a first preference has been recorded for such candidate and he shall ascertain the number of all valid papers.
The quota.
120.—(1) The returning officer shall then divide the number of all valid papers by a number exceeding by one the number of vacancies to be filled; the result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the election of a candidate and this number is referred to in this Act as “the quota”.
(2) Where at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be deemed to be elected.
Transfer of surplus.
121.—(1) Where at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with and subject to the provisions of this section to the continuing candidate or candidates indicated on the ballot papers in the parcel or sub-parcel of the candidate deemed to be elected according to the next available preferences recorded thereon.
(2) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original votes only, the returning officer shall examine all the papers in the parcel of that candidate and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon.
(3) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the sub-parcel last received by that candidate and shall arrange the transferable papers therein in further sub-parcels according to the next available preferences recorded thereon.
(4) In either of the cases referred to in subsections (2) and (3) the returning officer shall make a separate sub-parcel of the non-transferable papers and shall ascertain the number of papers in each sub-parcel of transferable papers and in the sub-parcel of non-transferable papers.
(5) Where—
(a) the surplus is equal to the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters’ next available preference,
(b) the surplus is greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall proceed as specified in paragraph (a) and shall in addition make a sub-parcel of a number of non-transferable papers equal to the difference between such total number and the surplus and set the papers therein aside as finally dealt with, such papers being, for the purposes of section 127 (1), described as non-transferable papers not effective,
and the non-transferable papers or the remaining non-transferable papers, as the case may be, also arranged as a sub-parcel shall be placed with the papers of the candidate deemed to be elected.
(6) Where the surplus is less than the total number of transferable papers the following provisions shall apply:
(a) the returning officer shall transfer from each sub-parcel oftransferable papers to the continuing candidate indicated thereon as the voters’ next available preference that number of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable papers,
(b) the number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers,
(c) a note shall be made of the fractions (which may be expressed in decimal form), if any, in each quotient ascertained in respect of each candidate in accordance with paragraph (b) and if, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order of their magnitude (beginning with the largest) as are necessary to make the total number of papers to be transferred equal to the surplus shall be reckoned as of the value of unity and the remaining fractions shall be disregarded,
(d) where two or more fractions are of equal magnitude, and it is not possible for the purposes of paragraph (c) to reckon all of the said fractions as of the value of unity, that fraction shall be deemed to be the largest which arises from the largest sub-parcel, and if such sub-parcels are equal in size, that fraction shall be deemed to be the largest which relates to the candidate credited with the largest number of original votes. Where the numbers of such original votes are equal, regard shall be had to the total number of votes credited to such candidates at the first count at which they were credited with an unequal number of votes, and the fraction relating to the candidate credited with the greatest number of votes at that count shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which fraction shall be deemed to be the largest.
(7) The papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked to indicate the number of the count at which the transfer took place.
(8) The returning officer need not necessarily transfer the surplus of a candidate deemed to be elected whenever that surplus, together with any other surplus not transferred, is less than both the difference between the quota and the number of votes credited to the highest continuing candidate and the difference between the numbers of the votes credited to the two lowest continuing candidates and either—
(a) the number of votes credited to the lowest candidate is greater than one quarter of the quota, or
(b) the sum of the number of votes credited to the lowest candidate together with that surplus and any other surplus not transferred is not greater than one quarter of the quota.
(9) Where at any time there are two or more surpluses which are to be transferred, the greater or greatest of such surpluses shall first be transferred and the remaining surplus or surpluses shall then,subject to subsection (8), be transferred in the order of their descending magnitude.
(10) Where two or more candidates have each an equal surplus arising from the same count regard shall be had to the number of original votes credited to each candidate and the surplus of the candidate credited with the largest number of original votes shall be first dealt with. Where the numbers of such original votes are equal regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes and the surplus of the candidate with the greatest number of votes at that count shall be first dealt with. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which surplus he will first deal with.
(11) Subject to subsections (8) and (9), where two or more candidates have a surplus arising from different counts, a surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count.
Exclusion of candidate.
122.—(1) If at any time no candidate has a surplus (or when under section 121 (8) an existing surplus is not transferred) and one or more vacancies remain unfilled, the returning officer shall—
(a) exclude the candidate credited with the lowest number of votes and examine all the papers of that candidate;
(b) arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates and transfer each sub-parcel to the candidate for whom the preference is recorded;
(c) make a separate sub-parcel of the non-transferable papers and set them aside as finally dealt with, such papers being, for the purposes of section 127 (1), described as non-transferable papers not effective.
(2) Where the total of the votes of the two or more lowest candidates together with any surplus not transferred is less than the number of votes credited to the next highest candidate, the returning officer shall in one operation exclude such two or more lowest candidates provided that—
(a) the number of votes credited to the second lowest candidate is greater than one quarter of the quota, or
(b) where the number of votes credited to any one of such two or more lowest candidates does not exceed one quarter of the quota, it is clear that the exclusion of the candidates separately in accordance with subsection (1) and the transfer of any untransferred surplus could not result in a number of votes exceeding one quarter of the quota being credited to any such candidate.
(3) If, when a candidate has to be excluded under this section, two or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the lowest number of original votes shall be excluded and where the numbers of the original votes are equal, regard shall be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes and the candidate with the lowest numberof votes at that count shall be excluded and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot which shall be excluded.
Transfer of votes.
123.—(1) Where a transfer of votes is made under section 121 or 122 , each sub-parcel of papers transferred shall be placed on top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers transferred to him.
(2) If after any transfer a candidate has a surplus, that surplus shall be dealt with in accordance with and subject to the provisions of section 121 before any other candidate is excluded.
Filling of last vacancies.
124.—(1) When the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected.
(2) When only one vacancy remains unfilled, and the votes of some one continuing candidate exceed the total of all the votes of the other continuing candidates together with any surplus not transferred, that candidate shall thereupon be deemed to be elected.
(3) When the last vacancies can be filled under this section no further transfer of votes shall be made unless any of the continuing candidates has not been credited with a number of votes exceeding one quarter of the quota and it is necessary for the purposes of section 48 (1) (e) to make such transfer in order to establish whether such a number of votes could be credited to him.
Recount.
125.—(1) Any candidate or the election agent of a candidate may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the papers dealt with during that count, and the returning officer shall re-examine and recount such papers accordingly without making any alterations in the arrangement of the papers in the various parcels, save where such alterations may be necessary in consequence of any error discovered in the recount. Nothing in this subsection shall make it obligatory on the returning officer to re-examine or recount the same parcel of papers more than once.
(2) The returning officer may at his discretion recount papers either once or more often in any case in which he is not satisfied as to the accuracy of any count. The power under this subsection of a returning officer to recount papers shall extend to papers dealt with at an earlier count than the immediately preceding one.
(3) (a) As respects each candidate, one request (and not more) may be made by him or his election agent for a complete re-examination and recount of all parcels of ballot papers and the returning officer shall re-examine and recount the parcels of ballot papers accordingly.
(b) In the re-examination and recount, the number or order of ballot papers in any parcel shall not be disturbed.
(c) Nothing in the provisions of this subsection shall make it obligatory on the returning officer to re-examine or recount the same parcel of papers more than once, but if an error is discovered which is, in the opinion of the returning officer, a significant error likely to affect the result of the election, the returning officer shall count all the papers afresh from the point at which the error occurred.
(d) Nothing in this subsection shall make it obligatory on the returning officer to comply with a request by a candidate or his election agent which, in the opinion of the returning officer, is frivolous or vexatious.
(e) A request under this subsection may be made only at the conclusion of a count.
(4) Where an error is discovered, the returning officer shall, where necessary, amend any results previously announced by him.
(5) Where a request made under subsection (3) is withdrawn by the candidate as respects whom it is made or by the election agent of the said candidate, it shall be open to the returning officer not to proceed, or proceed further with the re-examination and recount.
Declaration of result of the poll.
126.—On the completion of the counting of the votes the returning officer shall determine and declare the result of the poll and the candidates deemed to be elected shall thereupon stand elected.
Notice of result of election.
127.—(1) The returning officer shall give public notice in the form directed by the Minister of the names and descriptions of the candidates elected and, in the case of a contested election, of the total number of votes given for each candidate, whether elected or not, of any transfer of votes and of the total number of votes credited to each candidate at the end of the count at which such transfer took place.
(2) The returning officer shall send a copy of the notice referred to in subsection (1) to the Minister and to each person elected and shall send a copy of the statement referred to in section 114 (2) to the Minister.
Decision of returning officer.
128.—The decision of the returning officer, whether expressed or implied by his acts, on any question which arises in relation to the exclusion of any candidate under section 122 or to any ballot paper or transfer of votes shall be final, subject only to reversal on a petition questioning the Dáil election.
PART XX
Retention, Inspection and Disposal of Documents
Retention and disposal of documents.
129.—(1) On the completion of the counting of the votes, the returning officer shall place in separate sealed packets—
(a) the counted ballot papers,
(b) the ballot papers rejected at the counting of the votes,
(c) the unused and spoilt ballot papers, and
(d) the counterfoils of ballot papers issued at polling stations,
and shall mark on each packet particulars of its contents, the date of the polling day at the election and the constituency to which they relate.
(2) The returning officer shall also place in separate sealed packets—
(a) the marked copies of the register of Dáil electors,
(b) the ballot paper accounts and the statement prepared in accordance with section 114 ,
(c) the candidates’ nomination papers, whether valid or invalid, and the certificates of political affiliation, and
(d) the authorisations to electors to vote at other polling stations,
and shall mark on each packet particulars of its contents, the date of the polling day at the election and the constituency to which they relate and shall as soon as practicable forward the documents referred to in this section, in section 76 and in section 83 (2) to the Clerk of theDáil.
(3) The documents referred to in this section including those referred to in sections 76 and 83 shall be retained by the Clerk of the Dáil for 6 months from the date of the poll at the election. At the expiration of the said period the Clerk of the Dáil shall, unless otherwise directed by an order of the High Court or he has reason to believe that the documents may be required for a purpose referred to in section 130 (3), cause the documents to be destroyed.
Inspection of ballot papers etc.
130.—(1) No person shall be allowed to inspect any of the documents mentioned in subsection (2) except under an order of the High Court.
(2) The documents referred to in subsection (1) are—
(a) the counterfoils of the ballot papers sent to postal voters under section 68 ,
(b) the counterfoils of the ballot papers delivered to special voters under section 82 ,
(c) the documents referred to in subsections (2) and (3) of section 76 , and
(d) the documents referred to in subsection (1) of section 129 .
(3) An order referred to in subsection (1) shall not be made unless the court is satisfied that the inspection or production of such documents is required for the purposes of instituting or maintaining a prosecution for an offence under this Act or for the purpose of a petition.
(4) An order referred to in subsection (1) may be made subject to such conditions as to persons, time and place and mode of inspection or production as the court may think expedient and shall make provision to ensure that the manner in which any voter voted shall not be disclosed.
(5) Where an order is made for the production by the Clerk of the Dáil of any document in his possession relating to a Dáil election, the production by or on behalf of the Clerk of the Dáil of that document shall be sufficient to prove that the document relates to the specified election; and any endorsement appearing on any packet so produced shall be, until the contrary is shown, sufficient evidence that the contents of such packet are what they are stated to be in such endorsement.
Inspection of certain other documents.
131.—All documents sent by a returning officer in pursuance of this Act to the Clerk of the Dáil, other than documents referred to in section 130 , shall be open to public inspection at such time and under such conditions as may be specified by the Clerk of the Dáil. The Clerk of the Dáil shall supply copies of or extracts from the said documents to any person demanding the same, on payment of such fees not exceeding the reasonable cost of copying and subject to such conditions as may be sanctioned by the Minister for Finance.
PART XXI
Dáil Election Petitions
Questioning of Dáil elections.
132.—(1) A Dáil election may, and may only, be questioned by a petition to the High Court.
(2) The provisions of the Third Schedule shall have effect as regards a petition.
(3) (a) Subject to paragraph (b) and Rule 2 (2) of the Third Schedule a petition shall not be accepted for lodgment with the court unless the petitioner lodges with the petition security in the sum of £5,000 for costs which may become payable by him.
(b) Where the court is satisfied that a petitioner is unable to lodge the amount specified in paragraph (a) or that to require a petitioner to lodge the said amount would cause him serious hardship, the court may require him to lodge such lesser amount as the court considers appropriate.
(4) A petition may be presented by any person who is registered or entitled to be registered as a Dáil elector in the constituency but may only be presented within a period specified in Rule 3 of the Third Schedule .
(5) A Dáil election may be questioned on the grounds of want of eligibility, the commission of an offence referred to in Part XXII , obstruction of or interference with or other hindrance to the conduct of the election or mistake or other irregularity which is likely to have affected the result of the election.
(6) Any party to a petition may appeal on a question of law to the Supreme Court against a decision of the High Court on the petition and subject to the foregoing the decision of the High Court shall be final and not appealable.
(7) At the trial of a petition the High Court shall determine the matter at issue in the petition and, if it does not dismiss the petition, shall, where appropriate, include in its order determining the matter at issue either—
(a) a declaration of the correct result of the election concerned, or
(b) if it considers that it is unable to determine the correct result of the election, a declaration that the election or a specified part thereof was void together with a statement of its reasons for making the declaration.
(8) Where the court declares that the whole or any part of a Dáil election was void, a fresh election shall be held in accordance with the provisions of this Act to fill the resulting vacancy or vacancies in the Dáil and the poll at the fresh election shall be taken on such day, being a day within the period of three months beginning on the date of the court’s order, as the Minister by order appoints; provided that it shall not be obligatory under this subsection to hold a fresh election if a general election otherwise is due to be held in the State within the period of six months next following the said date.
PART XXIII
Miscellaneous
Secrecy.
161.—A person who is—
(a) present at the issue of ballot papers to postal voters, or
(b) present while a special voter is voting, or
(c) present at the opening of postal ballot boxes, or
(d) admitted to a polling station in any capacity, or
(e) present in any capacity at the counting of the votes,
shall maintain and aid in maintaining the secrecy of the ballot.
Prohibition of disclosure of vote.
162.—A person who has voted at a Dáil election shall not in any legal proceedings be required to state how or for whom he voted.
Publication of notices.
163.—Any public notice required by this Act to be given by a returning officer, registration authority or county registrar may be given by any method which the returning officer, registration authority or county registrar thinks necessary or desirable for the purpose of bringing to the attention of the public the matter so required to be notified.
Adaptation or modification where there is emergency or special difficulty.
164.—(1) The Minister may, in any case in which it appears to him that there is an emergency or special difficulty, by order make such adaptation or modification of any statute, order or regulation relating to the registration of Dáil electors, presidential electors, Seanad electors, European electors or local government electors or the conduct of Dáil elections, presidential elections, Seanad elections, European elections, local elections or referenda, as may in his opinion be necessary to enable such registration to be duly carried out or such election or referendum to be duly held, subject to compliance with the principles laid down in the relevant Acts taken as a whole.
(2) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House within the next twenty-one days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(3) In this section—
(a) “Seanad electors” has the same meaning as in the Seanad Electoral (University Members) Act, 1937 ,
(b) “Seanad elections” has the same meaning as in the Seanad Electoral (University Members) Act, 1937 , and in the Seanad Electoral (Panel Members) Act, 1947 ,
(c) “referenda” has the same meaning as in the Referendum Act, 1942 ,
(d) “the relevant Acts” means—
(i) in the case of the registration of presidential electors, Dáil electors, European electors and local government electors, this Act, and in the case of the registration of Seanad electors, the Seanad Electoral (University Members) Act, 1937 ,
(ii) in the case of the conduct of elections or a referendum, as the context may require, this Act, the Presidential Elections Acts, 1937 to 1992, the Seanad Electoral (University Members) Acts, 1937 to 1973, the Seanad Electoral (Panel Members) Acts, 1947 to 1972, the European Assembly Elections Acts, 1977 to 1992, the Local Elections Acts, 1963 to 1992, and the Referendum Acts, 1942 to 1992.
Special provisions where two or more elections have same polling day.
165.—(1) This section applies to the following polls:
(a) the poll at an election of a person to the office of President of Ireland;
(b) the poll at a Dáil election within the meaning of this Act;
(c) the poll at an election of representatives to the European Parliament under the European Assembly Elections Acts, 1977 to 1992;
(d) the poll at an election of members of Údarás na Gaeltachta under the Údarás na Gaeltachta Act, 1979;
(e) the poll at a referendum within the meaning of the Referendum Acts, 1942 to 1992;
(f) the poll at a local election.
(2) Where two or more polls to which this section applies are to be taken on the same day, the following provisions shall, notwithstanding any other enactment, have effect:
(a) the polls shall be taken at the same time, at the same places and in the same manner,
(b) the same official mark shall be used for the ballot papers at each poll,
(c) the ballot papers at each poll shall be of a different colour (for this purpose white being deemed to be a colour),
(d) the same or different ballot boxes may be provided,
(e) if separate ballot boxes are provided, a ballot paper shall not be invalid by reason only of its being put into the wrong ballot box,
(f) an authorisation by a returning officer to a person to vote at one poll at a polling station other than the one allocated to him may authorise the person to vote at that station at the other poll or polls, in the case of a Dáil election, presidential election or referendum in the same constituency or, in the case of a European election, in the same county or county borough or, in the case of a local election, in the same local electoral area.
(3) A candidate other than a candidate referred to in subsection (4) who would be entitled to exercise the right to free postage pursuant to section 57 or otherwise in relation to more than one poll may send a combined postal communication and include therein material in relation to each such poll.
(4) Where candidates of the same political party would be entitled to exercise the right to free postage under section 57 or otherwise in relation to more than one poll, a combined postal communication may be sent by or on behalf of such candidates and may include material in relation to each such poll.
(5) Subsections (3) and (4) shall not be construed as conferring on any candidate a right to free postage additional to the rights conferred by section 57 , section 34 of the Presidential Elections Act, 1937 and Rule 18 of the First Schedule to the European Assembly Elections Act, 1977 .
(6) The Minister may, by direction, order or regulation, provide for such matters as he considers necessary to give effect to this section.
(7) Any direction, order or regulation given or made under subsection (6) shall have effect notwithstanding anything contained in any other enactment and, in particular and without prejudice to the generality of the said subsection (6), may—
(a) define the powers and duties of returning officers and of any other persons employed in connection with the polls,
(b) make such modifications in the Acts, orders or regulations governing the taking of the polls or the arrangements for the counting of the votes as appear to the Minister to be necessary to enable the polls to be taken together or to facilitate or expedite the completion and ascertainment of the results of the elections,
(c) make provisions in relation to the form and transmission of polling information cards.
(8) The Minister for Finance may for the purposes of this section prepare a scale of maximum charges and indicate—
(a) the time when, and the manner and form in which, accounts are to be rendered to him,
(b) the manner in which the expenses of taking the polls concerned shall be apportioned between whichever of the following would, but for this provision, meet the costs of the polls concerned, that is to say, the Central Fund, the local authority or local authorities (within the meaning of Part VI of the Electoral Act, 1963 ) concerned and the Minister for the Gaeltacht.
Amendment of Seanad Electoral (University Members) Act, 1937.
166.—The Seanad Electoral (University Members) Act, 1937 is hereby amended by—
(a) the substitution of the following section for section 25:
“Application of Electoral Act, 1992.
25.—(1) Sections 57 , 134 , 135 , 136 , 138 , 139 , 140 , 144 , 145 , 149 , 151 , 152 , 153 , 154 , 155 , 156 , 157 , 160 and 163 of the Electoral Act, 1992 shall apply to elections in university constituencies and for that purpose, in the said sections of that Act—
(a) every reference to ‘Dáil election’ and ‘election’ shall be construed and have effect as a reference to an election in a university constituency;
(b) every reference to the ‘register of Dáil electors’ shall be construed and have effect as a reference to the register of electors in respect of a university constituency;
(c) every reference to ‘Dáil elector’ and ‘elector’ shall be construed and have effect as a reference to an elector in a university constituency;
(d) every reference to ‘constituency’ shall be construed and have effect as a reference to a university constituency;
(e) the reference in sections 139 and 151 to a period of time shall be construed and have effect as a reference to the period commencing on the date of the order appointing dates and times at a Seanad election and ending at the close of the poll at such election.
(2) In addition and without prejudice to the provisions of the foregoing subsection of this section, every statutory provision for the time being in force relating to bribery, personation or other offences at elections of members of Dáil Éireann shall apply to elections in university constituencies as if these elections were elections of members of Dáil Éireann.”; and
(b) the insertion of “for the time being in force” after “enactments” in subsection (1) of section 26.
Amendment of Presidential Elections Act, 1937.
167.—The Presidential Elections Act, 1937 is hereby amended by—
(a) the insertion of the following section after section 23:
“Voting by persons in the employment of local returning officers at presidential election.
23A.—Where a presidential elector for a constituency is employed by a local returning officer for any purpose in connection with a presidential election and the circumstances of that elector’s employment are, in the opinion of the local returning officer, such as to prevent him from voting at the polling station at which that presidential elector would otherwise be entitled to vote, the local returning officer may authorise such presidential elector, by an authorisation given in such form as may be directed by the Minister, to vote at any other polling station in the constituency.”;
(b) the substitution of the following section for section 32:
“Application of Electoral Act, 1992.
32.—(1) Sections 105 , 134 , 135 , 136 , 138 , 139 , 140 , 144 , 145 , 146 , 147 , 148 , 151 , 152 , 153 , 154 , 156 , 157 , 158 , 159 , 160 and 163 of the Electoral Act, 1992 shall apply and have effect in relation to presidential elections.
(2) For the purpose of the application of the said sections of the said Act to presidential elections in pursuance of the foregoing subsection—
(a) the expressions ‘election’ and ‘Dáil election’ wherever they occur in the said sections of the said Act shall be construed and have effect as including a presidential election;
(b) the word ‘candidate’, wherever it similarly occurs, shall be construed and have effect as including a candidate at a presidential election;
(c) the expression ‘register of Dáil electors’, wherever it similarly occurs, shall be construed and have effect as meaning the register of presidential electors and any reference to ‘Dáil elector’ or ‘elector’ shall be construed and have effect as a reference to a presidential elector;
(d) in section 134 of the said Act the reference to ‘ section 102 ’ shall be construed as a reference to Rule 19 of the First Schedule to this Act and the reference to ‘ section 68 ’ shall be construed as a reference to section 29 of this Act;
(e) in section 138 of the said Act the reference to ‘certificate of political affiliation’ shall be disregarded and the reference to ‘authorisation under section 99 ’ shall be construed and have effect as a reference to an authorisation under section 23A of the Presidential Elections Act, 1937 (inserted by section 167 of the Electoral Act, 1992), and the reference to ‘authorisation under section 100 ’ shall be construed and have effect as a reference to an authorisation under section 14 of the Electoral (Amendment) (No. 2) Act, 1986 ;
(f) in sections 138 and 140 of the said Act the expression ‘returning officer’ shall be construed and have effect as including the presidential returning officer;
(g) the reference in sections 139 and 151 of the said Act to a period of time shall be construed and have effect as a reference to the period commencing on the date of the order appointing dates and ending at the close of the poll;
(h) the reference in sections 159 and 163 of the said Act to ‘this Act’ shall be construed and have effect as a reference to the Presidential Elections Acts, 1937 to 1992.”; and
(c) the substitution of the following subsection for subsection (1) of section 34:
“(1) Each candidate at a presidential election shall, subject to such conditions as may be specified under section 74 of the Postal and Telecommunications Services Act, 1983 , be entitled to send, free of any charge for postage, to each person on the register of presidential electors or to any combination of such persons, one postal communication containing matter relating to the election only and not exceeding 50 grammes in weight.”.
Amendment of Referendum Act, 1942.
168.—The Referendum Act, 1942 is hereby amended by—
(a) the substitution for “section 22 of the Prevention of ElectoralAbuses Act, 1923” of “ section 60 (3) of the Electoral Act, 1992” in subsection (7) (b) of section 17;
(b) the substitution of the following section for section 29:
“Application of Electoral Act, 1992.
29.—(1) Sections 105 , 134 , 135 , 136 , 138 , 139 , 140 , 145 , 146 , 147 , 152 , 153 , 154 , 156 , 157 , 158 and 160 of the Electoral Act, 1992 shall apply and have effect in relation to every referendum.
(2) For the purpose of the application of the said sections of the Electoral Act, 1992 to a referendum in pursuance of the foregoing subsection—
(a) the expressions ‘election’ and ‘Dáil election’ wherever they are used in the said sections of the said Act shall be construed and have effect as including a referendum;
(b) the expression ‘register of Dáil electors’ wherever it is used in the said sections of the said Act shall be construed and have effect as meaning the register of presidential electors and any reference to ‘Dáil elector’ or ‘elector’ shall be construed and have effect as a reference to a presidential elector;
(c) references in the said sections of the said Act to ‘candidates’, ‘election of any person’ and ‘voting for a particular person’ shall be disregarded;
(d) in section 134 of the said Act the reference to ‘section 102’ shall be construed and have effect as a reference to Rule 20 of the First Schedule to this Act and the reference to ‘section 68’ shall be construed and have effect as a reference to section 20 of this Act;
(e) in section 138 of the said Act, the references to ‘nomination paper’ and ‘certificate of political affiliation’ shall be disregarded and the reference to ‘authorisation under section 99 ’ shall be construed and have effect as a reference to a certificate under section 66 of the Electoral Act, 1963 and the reference to ‘authorisation under section 100 ’ shall be construed and have effect as a reference to an authorisation under section 14 of the Electoral (Amendment) (No. 2) Act, 1986 ;
(f) the reference in section 139 of the said Act to a period of time shall be construed and have effect as a reference to the period commencing on the date of the order appointing the polling day at the referendum and ending at the close of the poll at such referendum;
(g) in section 140 of the said Act the expression ‘returning officer’ shall be construed and have effect as including the referendum returning officer;
(h) in section 156 of the said Act the words ‘the decision of such court’ shall be construed as meaning the final order of the High Court on the trial of a referendum petition.”;
(c) the substitution of the following definition for the definition of the expression “corrupt practice” in section 33:
“the expression ‘corrupt practice’ means—
(a) the offence of personation within the meaning of section 134 of the Electoral Act, 1992 or aiding, abetting, counselling or procuring the commission of the said offence,
(b) the offence of bribery within the meaning of section 135 of the said Act, or
(c) the offence of undue influence within the meaning of section 136 of the said Act.”; and
(d) the insertion of the following section after section 34:
“Leave to present petition.
34A.—(1) Notwithstanding the other provisions of this Part, a referendum petition in relation to the provisional referendum certificatereferred to in section 30 shall not be presented to the High Court unless that court, on application made to it in that behalf by or on behalf of the person proposing to present it, not later than 10 days after the publication in the Iris Oifigiúil of the certificate, by order grants leave to the person to do so.
(2) The High Court shall not grant leave under subsection (1) of this section to present a referendum petition unless it is satisfied—
(i) that there is prima facie evidence of a matter referred to in section 34 (2) of this Act in relation to which the petition concerned questions the provisional referendum certificate, and
(ii) that the said matter is such as to affect materially the result of the referendum aforesaid as a whole.”.
Amendment of Seanad Electoral (Panel Members) Act, 1947.
169.—The Seanad Electoral (Panel Members) Act, 1947 is hereby amended by the insertion of “for the time being in force” after “enactments” in both subsection (1) of section 54 and subsection (1) of section 75.
Amendment of Electoral Act, 1963.
170.—(1) The Electoral Act, 1963 is hereby amended by—
(a) the substitution of the following subsection for both subsection (2) of section 44 and subsection (2) of section 64:
“(2) A polling card shall be addressed to the elector at the address in respect of which he is registered in the register of presidential electors and shall be delivered at that address not later than the third day before the polling day.”;
(b) the substitution of the following subsection for both subsection (3) of section 44 and subsection (3) of section 64:
“(3) Where a polling card is dispatched by post it shall be transmitted without prepayment of the charges therefor by the earliest practicable post.”; and
(c) the substitution of the following subsections for subsections (3) and (4) of section 82:
“(3) The provisions referred to in the foregoing subsections are the provisions of sections 60 , 105 , 134 , 135 , 136 , 137 , 138 , 139 , 140 , 141 , 142 , 143 , 144 , 145 , 146 , 147 , 148 , 149 , 150 , 151 , 152 , 153 , 154 , 156 , 157 , 158 , 159 , 160 and 163 of the Electoral Act, 1992.
(4) Where a provision of regulations under this section corresponds to a provision of the Electoral Act, 1992 for which a penalty is provided for in section 157 of the said Act, it may itself provide for a penalty not exceeding that provided for in the provision to which it corresponds.”.
(2) Regulations made under section 82 of the Electoral Act, 1963 and in force at the commencement of this section shall continue in force and shall have effect as if they were made under the said section 82 as amended by this Act.
Construction of references in European Assembly Elections Acts, 1977 to 1992.
171.—In the European Assembly Elections Acts, 1977 to 1992—
(a) every reference to “the Assembly” shall be construed as a reference to the European Parliament,
(b) every reference to “Assembly election” shall be construed as a reference to European election,
(c) every reference to “Assembly elector” shall be construed as a reference to European elector.
Amendment of European Assembly Elections Act, 1977.
172.—The European Assembly Elections Act, 1977 is hereby amended by—
(a) the substitution of the following subsection for subsection (2) of section 12:
“(2) The Minister shall, not later than the first day of December, 1993 and at least once in every ten years thereafter, submit to the Oireachtas proposals for a review of the constituencies for which candidates shall be elected under this Act to be representatives in the Parliament.”;
(b) the substitution of the following paragraph for paragraph (1) of Rule 18 of the First Schedule:
“(1) Subject to paragraph (3) of this Rule, each candidate at a European election shall, subject to such conditions as may be specified under section 74 of the Postal and Telecommunications Services Act, 1983 , be entitled to send, free of any charge for postage, to each person on the register of European electors for the constituency or to any combination of such persons, one postal communication containing matter relating to the election only and not exceeding 50 grammes in weight.”;
(c) the substitution of the following paragraphs for paragraphs (2) and (3) of Rule 28 of the First Schedule:
“(2) A polling card shall be addressed to the European elector at the address in respect of which he is registered in the register of European electors and shall be delivered at that address not later than the third day before the polling day.
(3) Where a polling card is dispatched by post it shall be transmitted without prepayment of the charges therefor by the earliest practicable post.”;
(d) the insertion of the following Rule after Rule 58 of the First Schedule:
“Endorsing of ballot paper by returning officer.
58A.—The returning officer may endorse on any paper which he does not reject as invalid an indication of his decision on it without, however, interfering with any mark placed by the elector on the ballot paper.”; and
(e) the insertion of the following Rule after Rule 83 of the First Schedule:
“Obstruction of or interference with electors.
83A.—(1) A person shall not interfere with or obstruct or impede an elector going to or coming from or in the vicinity of or in a polling station.
(2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, including a poll which has been adjourned under Rule 43, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 100 metres of such station, for the purpose of promoting the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates or for any contrary purpose, do any or all of the following things:
(a) loiter or congregate with other persons;
(b) attempt to induce, by any means whatsoever, an elector to vote for a candidate or candidates or vote in a particular way or refrain from voting,
(c) display or distribute any notice, sign or poster (other than a notice, sign or poster displayed by the local returning officer) or card, circular or other document relating to the election; or
(d) use or cause to be used any loud-speaker or other public address mechanism to broadcast matter relating to the election.
(3) For the purpose of this Rule, a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate and the distance referred to in paragraph (2) shall be measured from any entrance to the polling station or to the curtilage thereof.
(4) A person who contravenes paragraph (1) or (2) shall be guilty of an offence.”.
Amendment of Postal and Telecommunications Services Act, 1983.
173.—The Postal and Telecommunications Services Act, 1983 is hereby amended by—
(a) the insertion of the following paragraph after paragraph (g) of subsection (3) of section 63:
“(h) the sending, conveyance and delivery otherwise than by post of any document, following consultation with the Minister for the Environment, by a returning officer at a Dáil, European or local election, in the performance of his functions under the Electoral Act, 1992, the European Assembly Elections Acts, 1977 to 1992, and the Local Elections Acts, 1963 to 1992, and by a local returning officer at a presidential election, a European election or a referendum in the performance of his functions under the Presidential Elections Acts, 1937 to 1992, the European Assembly Elections Acts, 1977 to 1992 or the Referendum Acts, 1942 to 1992 where the returning officer or local returning officer, as the case may be, is of the opinion that An Post is not in a position to provide the required services.”; and
(b) the substitution of the following subsection for subsection (4) of the said section 63:
“(4) Nothing in paragraphs (b) to (h) of subsection (3) shall be taken as authorising any person to make a collection of postal packets for the purpose of their being sent, conveyed or delivered in accordance with that subsection.”; and
(c) the substitution of the following subsection for subsection (1) of section 74:
“(1) the company may, with the consent of the Minister, after consultation with the Minister for the Environment and, where appropriate, the Minister for Defence, make schemes for regulating the conditions under which free postage is to be provided under—
(a) section 57 of the Electoral Act, 1992,
(b) section 25 of the Seanad Electoral (University Members) Act, 1937 (substituted by section 166 of the Electoral Act, 1992),
(c) section 34 of the Presidential Elections Act, 1937 , as amended by section 167 of the Electoral Act, 1992,
(d) Rule 18 of Part I of the First Schedule to the European Assembly Elections Act, 1977 as amended by section 172 of the Electoral Act, 1992.”.
Amendment of Local Elections Regulations, 1965.
174.—The Local Elections Regulations, 1965 ( S.I. No. 128 of 1965 ) are hereby amended by—
(a) the insertion of the following article after article 32:
“Use of Dáil ballot boxes etc.
32A. Any ballot boxes, fittings for polling stations and compartments provided for Dáil elections in a Dáil constituency in which a local electoral area is wholly or partly situated may be used for any local election in such local electoral area; and any damage, other than reasonable wear and tear, caused to any such ballot boxes, fittings and compartments by such user at a local election shall be paid as part of the expenses of the election.”;
(b) the substitution of the following paragraph for paragraph (5) of article 35:
“(5) A polling card shall be addressed to the elector at the address in respect of which he is registered in the register of local government electors and shall be delivered at that address not later than the third day before the polling day.”;
(c) the insertion of the following article after article 64:
“Endorsing of ballot paper by returning officer.
64A.—The returning officer may endorse on any ballot paper which he does not reject as invalid an indication of his decision on it without, however, interfering with any mark placed by the elector on the ballot paper.”; and
(d) the insertion of the following article after article 99:
“Obstruction of or interference with electors.
99A.—(1) A person shall not interfere with or obstruct or impede an elector going to or coming from or in the vicinity of or in a polling station.
(2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, including a poll which has been adjourned under Article 50, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 100 metres of such station, for the purpose of promoting the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates or for any contrary purpose, do any or all of the following things:
(a) loiter or congregate with other persons;
(b) attempt to induce, by any means whatsoever, an elector to vote for a candidate or candidates or vote in a particular way or refrain from voting;
(c) display or distribute any notice, sign or poster (other than a notice, sign or poster displayed by the returning officer) or card, circular or other document relating to the election; or
(d) use or cause to be used any loud-speaker or other public address mechanism to broadcast matter relating to the election.
(3) For the purpose of this article a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate and the distance referred to in subarticle (2) shall be measured from any entrance to the polling station or to the curtilage thereof.
(4) A person who contravenes subarticle (1) or (2) shall be guilty of an offence and shall be liable on conviction to the penalties specified in section 157 of the Electoral Act, 1992.”.
FIRST SCHEDULE
Enactments Repealed and Regulations Revoked
Section 5 .
PART I
Enactments Repealed
Session and Chapter or Number and Year
Short Title
Extent of Repeal
15 & 16 Vict., c. 57.
Election Commissioners Act, 1852.
The whole Act.
31 & 32 Vict., c. 125.
Parliamentary Elections Act, 1868.
The whole Act.
32 & 33 Vict., c. 21.
Corrupt Practices Commission Expenses Act, 1869.
The whole Act.
40 & 41 Vict., c. 57.
Supreme Court of Judicature Act (Ireland) 1877 .
Section 43.
42 & 43 Vict., c. 75.
Parliamentary Elections and Corrupt Practices Act, 1879.
The whole Act.
46 & 47 Vict., c. 51.
Corrupt and Illegal Practices (Prevention) Act, 1883.
The whole Act.
No. 12 of 1923.
Electoral Act, 1923 .
The whole Act.
No. 38 of 1923.
Prevention of Electoral Abuses Act, 1923 .
The whole Act.
No. 14 of 1933.
Electoral (Amendment) Act, 1933.
Section 3 .
No. 23 of 1941.
Local Government Act, 1941 .
Subsection (6) of section 33 ;
subsection (5) of section 34.
No. 43 of 1960.
Electoral Act, 1960 .
The whole Act.
No. 19 of 1963.
Electoral Act, 1963 .
Parts II and III ;
in Part IV — section 54;
in Part V — section 72;
Parts VII and VIII.
No. 1 of 1966.
Electoral (Amendment) Act, 1966.
The whole Act.
No. 4 of 1972.
Electoral (Amendment) Act, 1972.
Section 1 .
No. 12 of 1972.
Local Elections Act, 1972 .
Section 1 .
No. 3 of 1973.
Electoral (Amendment) Act, 1973.
Paragraphs (a) and (b) of section 2 .
No. 30 of 1977.
European Assembly Elections Act, 1977 .
Sections 3 and 8 .
No. 40 of 1980.
Electoral (Amendment) (No. 2) Act, 1980 .
The whole Act.
No. 5 of 1982.
Prevention of Electoral Abuses Act, 1982 .
The whole Act.
No. 12 of 1985.
Electoral (Amendment) Act, 1985 .
Section 2 ;
subsection (1) of section 3;
sections 4 and 5;
subsection (2) of section 9.
No. 12 of 1986.
Electoral (Amendment) Act, 1986
Section 1 .
No. 35 of 1986.
Electoral (Amendment) (No. 2) Act, 1986 .
Subsections (1) and (2) of section 2 ;
subsections (3) and (4) of section 2 insofar as they relate to Dáil elections;
sections 3 , 4 , 5 , 6 , 7 and 8 ;
sections 9 , 10 , 11 , 12 , 13 and 14 insofar as they relate to Dáil elections;
section 15 ;
section 16 insofar as it relates to Dáil elections;
section 17 ;
section 20 insofar as it relates to Dáil elections;
sections 21 , 22 , 23 and subsection (1) of section 24 .
No. 8 of 1989.
Electoral (Amendment) Act, 1989 .
The whole Act.
PART II
Regulations Revoked
Number and Year
Short Title
Extent of Repeal
No. 169 of 1963.
Registration of Electors and Juries Acts (Specification of Dates) Regulations, 1963.
The whole regulations.
No. 246 of 1963.
Forms (Dáil Elections, Presidential Elections and Referenda) Regulations, 1963.
Part 1 of the Schedule.
No. 115 of 1972.
Forms (Dáil Elections, Presidential Elections and Referenda) (Amendment) Regulations, 1972.
In the Schedule — Forms D.E.5 and D.E.6.
No. 381 of 1977.
Registration of Electors (Amendment) Regulations, 1977.
The whole regulations.
No. 402 of 1985.
Registration of Electors (Amendment) Regulations, 1985.
The whole regulations.
No. 5 of 1987.
Electoral Regulations, 1987.
In Article 5 — paragraphs (a), (b) and (c);
Article 6;
in the Third Schedule — Forms SV1, SV2, SV3 and SV4.
SECOND SCHEDULE
Registration of Electors
Sections 13 , 15 , 17 and 20 .
PART I
The Register of Electors
Specified dates and periods.
1. (1) The qualifying date for a register shall be the 1st day of September in the year preceding the year in which the register comes into force.
(2) Each register shall come into force on the fourteenth day after its publication.
(3) The 15th day of February in the year in which a register comes into force shall be the date by reference to which a person’s age shall be taken for the purposes of sections 7 , 8 , 9 and 10 .
(4) The date on or by reference to which any act or thing is required by this Schedule to be performed or done shall be the date specified for that purpose in the Table to this paragraph.
TABLE
Specified Dates
Purpose
Relevant Section or Rule
Date
1. Qualifying date
Rule 1
1st September in the year preceding the year in which the register comes into force.
2. Specified period for giving public notice in relation to special voters
Rule 21
The period of 14 days ending on 1st September.
3. Last date for sending of statement to registration authority by civil servants serving abroad
Section 12
30th September.
4. Last date for receipt of application to be entered on special voters list
Rule 19
25th November.
5. Last date for sending by urban authorities of lists of electors to registration authority
Rule 5
1st October.
6. Publication of draft register
Rule 5
1st November.
7. Last date for making claims
Rule 7
25th November.
8. Publication of list of claims
Rule 7
30th November.
9. Completion of return by county registrar of endorsed list of claims
Rule 12
23rd December.
10. Publication of register
Rule 13
1st February.
11. Coming into force of register
Rule 1
Fourteenth day after publication of the register.
12. Period for ascertaining if any corrections in the register are necessary because of errors of a clerical or typographical nature or because of misnomers or inaccurate descriptions
Section 15 (3)
The period of 14 days commencing on the date of the publication of the register.
(5) 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.
Form and contents of register.
2. (1) The register shall be in such form as may be directed by the Minister and shall, as respects each polling district, contain the names of all persons who are entitled to be registered as electors on the qualifying date for the register.
(2) The names in the register for a registration area shall be arranged under polling districts and—
(a) if the registration area is a county borough, shall be arranged in street order unless the registration authority consider 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 an administrative county, shall be arranged alphabetically in townland order unless the registration authority consider 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.
Effect of register.
3. The parts of the register for the polling districts in a Dáil constituency, so far as they relate to presidential electors, shall be the register of presidential electors for that constituency and, so far as they relate to Dáil electors, shall be the register of Dáil electors for that constituency and the parts of the register for the polling districts in a European Parliament constituency, so far as they relate to European electors, shall be the register of European electors for that constituency and the parts of the register for the polling districts in a local electoral area, so far as they relate to local government electors, shall be the register of local government electors for that area.
Postal voters list.
4. The registration authority shall prepare 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 such constituency or part of a constituency in the registration area, of persons entitled to vote as postal voters without, however, removing the names of those voters from the register.
Preparation of draft register.
5. (1) For the purpose of preparing the register, each registration authority shall make a house to house or other sufficient inquiry in their registration area, exclusive of boroughs and urban districts therein.
(2) The corporation of each borough which is not a county borough and the council of each urban district in a registration area shall make a house to house or other sufficient inquiry in the borough or urban district and, from the information so obtained, compile and furnish to the registration authority on or before the specified date in each year lists in the form of a draft register for the borough or urban district.
(3) The registration authority may for the purposes of their duties in relation to the preparation of a register require a person—
(a) to give any information in his possession which the registration authority may require;
(b) to produce a certificate of birth, or, if that is not practicable or convenient, to make a statutory declaration as to his age;
(c) to provide documentary evidence or to make a statutory declaration that he is a person entitled to be registered as a Dáil elector under section 8 (2);
(d) to produce a certificate of naturalisation or to make a statutory declaration that he is a citizen of Ireland;
(e) to make a statutory declaration that he is a national of a Member State of the European Communities other than Ireland,
and where a declaration is so required, any fees payable in connection therewith shall be paid by the authority requiring it.
(4) The registration authority shall, during office hours, allow any person to inspect and take a copy of any declaration furnished under paragraph (3).
(5) The registration authority may require the superintendent registrar of births and deaths to furnish lists or other information in connection with deaths of persons in the district of the superintendent registrar. Where the superintendent registrar is an individual, payment for such lists or information shall be made by the registration authority at a rate approved from time to time by the Minister and in any other case no payment shall be made.
(6) From the information obtained under this Rule the registration authority shall prepare and publish a draft register on or before the specified date in each year.
Persons to whom draft register is to be sent.
6. (1) The registration authority shall, as soon as may be after the publication of the draft register, send a copy of the draft register—
(a) for the registration area — to the Minister, the county registrar and each head postmaster in the area;
(b) for a European Parliament constituency — to each representative in the European Parliament for that constituency;
(c) for a Dáil constituency — to each member of the Dáil for that constituency and each member of the Seanad residing in that constituency;
(d) for a local electoral area — to each local authority member for that area.
(2) The registration authority shall send with each copy of the draft register sent in pursuance of the preceding paragraph to each person other than the Minister a supply of forms for the making of claims for corrections in the draft register.
(3) The registration authority shall supply to the county registrar such further number of copies of the draft register for a registration area as he shall require for the purposes of his duties as county registrar.
Claims for corrections in draft register.
7. (1) Any person may claim to have a correction made in a draft register, including in particular a claim to have the name of a person added to or deleted from the draft.
(2) A claim under this Rule shall be sent to the registration authority on or before the specified date.
(3) The registration authority and the county registrar shall, on the application of any person, supply forms on which claims may be made.
(4) The registration authority shall prepare and publish on or before the specified date a list of claims in such form as may be directed by the Minister.
(5) The registration authority shall, not later than the date specified for the publication of the list of claims, send copies of the said list to the county registrar together with the original claims.
(6) The registration authority or the county registrar, as may be appropriate, shall allow any person during office hours to inspect and take extracts from a claim or may supply copies of a claim.
Consideration of claims by the county registrar.
8. (1) The county registrar shall consider all claims of which notice has been given to him in accordance with Rule 7 and all objections to corrections referred to him under Rule 11.
(2) Before considering a claim for the deletion of a person’s name from the draft register the county registrar shall, except where he is satisfied that the person is dead, give not less than five clear days notice to the claimant (if he is not the registration authority or a person whose duty it is to make the house to house or other inquiry on which the draft register is based) and to the person in respect of whom the claim is made of the time and place at which the claim will be considered by him.
(3) If the county registrar is satisfied that a claim, other than a claim for the deletion of a person’s name from the draft register, should not be allowed without inquiry he shall give not less than five clear days notice to the claimant (if he is not the registration authority or a person whose duty it is to make the house to house or other inquiry on which the draft register is based) and to any other person appearing to him to be interested of the time and place at which the claim will be considered by him.
(4) The county registrar may require any officer of a registration authority or of a corporation of a borough which is not a county borough or a council of an urban district in the registration area and any person whose duty it is to make the house to house or other inquiry on which the draft register is based to attend at such times and at such places as he may consider necessary for the purpose of enabling him to decide any claim or other matter arising out of his consideration of the draft register.
(5) The county registrar may, on consideration of any claim or other matter, require that the evidence tendered by any person should be given on oath and may administer an oath for that purpose.
(6) On the consideration of any claim or other matter by the county registrar, any person interested may appear and be heard either in person or by any other person on his behalf.
Inquiries and claims by county registrar.
9. (1) The county registrar may require any person to give any information in his possession which the county registrar may require for the purposes of his duties under this Schedule.
(2) The county registrar, if it appears to him that the draft register should be corrected in any respect, may himself make a claim for the correction, and any such claim may be made notwithstanding the fact that the time for sending a claim under Rule 7 may have expired.
(3) Any such claim need not be published but otherwise shall be considered in the same manner and on the same conditions as a claim under Rule 7.
Correction of draft register.
10. The registration authority shall, not later than ten days before the date specified for the completion of the return by the county registrar of the endorsed list of claims, make any corrections by way of the removal of duplicate entries (subject to any expression of choice by the persons affected by those entries), the deletion of the names of persons who are dead, 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 secure that—
(a) a person is not registered more than once as an elector, and
(b) the draft register is complete and accurate.
Objections to corrections.
11. Where the registration authority propose to make any correction in the draft register under Rule 10 otherwise than for the purpose of correcting an inaccuracy not involving a change of substance or deleting the name of a person who is dead, they shall give notice to any persons affected by the correction of their right of objection to the correction, and, if necessary, of being heard by the county registrar with respect thereto.
Return of corrected list of claims.
12. (1) Immediately on completing his decisions on claims and on any objections under Rule 11, relating to the part of the list of claims for a local electoral area or such smaller area as may be found convenient, the county registrar shall send to the registration authority a certified copy of that part of the list endorsed to show the effect of his decisions.
(2) The county registrar shall send all the parts of the list of claims making up the complete list of claims for the registration area, endorsed as aforesaid, to the registration authority not later than the specified date.
(3) The registration authority shall, on receiving part of the list of claims from the county registrar, forthwith make any corrections in the draft register necessary to give effect to his decisions and shall send notice of the decision on each claim to the claimant (other than the county registrar or a claimant who is a person whose duty it is to make the house to house or other inquiry on which the register is based) and to any other person appearing to them to be interested, together with an intimation of the right of appeal against the decision to the Circuit Court under section 21 .
Publication of register.
13. (1) The draft register corrected in accordance with Rules 10 and 12 shall form the register.
(2) The registration authority shall publish the register on the specified date in each year.
(3) Where the registration authority for any reason fail to publish on the specified date the register for their area or any part thereof, the registration authority shall publish the register as soon as possible after the specified date.
(4) In addition to publishing the register in the manner specified in Rule 25 the registration authority shall publish the register by sending a copy of the register—
(a) for the registration area — to the Minister, the county registrar and each head postmaster in the area;
(b) for a European Parliament constituency — to each representative in the European Parliament for such constituency;
(c) for a Dáil constituency — to each member of the Dáil for that constituency and to each member of the Seanad residing in the constituency;
(d) for a local electoral area — to each local authority member for that area.
Inspection and fees for copies of registers.
14. (1) The registration authority and the county registrar shall allow any person during office hours to inspect for purposes connected with the registration of electors, a copy of the register or of the draft register.
(2) The fee for a copy of the register or draft register or any part thereof shall be fifty pence plus the sum of ten pence for each one hundred by which the number of persons in the register or draft register or part thereof exceeds one hundred.
(3) The registration authority shall, on payment of the said fee, supply to any person a copy of the register or draft register or the appropriate part thereof.
(4) No fee shall be charged by the registration authority for supplying 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 their 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) 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 duties as returning officer or local returning officer, and
(d) 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 duties at such election.
(5) The registration authority shall supply, free of charge, on request, a copy, in standard computer medium and format, of any computer data files used in the production of the register which 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 may require for the purposes of his duties at such election or referendum.
PART II
Supplement to the Register of Electors
Consideration by registration authority of applications to be entered in the supplement to the register.
15. (1) On receipt of an application to be entered in the supplement to the register of electors under section 15 , the registration authority shall make such inquiries as they think fit for the purpose of considering such application, and the provisions of paragraphs (3), (4) and (5) of Rule 5 shall apply in relation to the consideration of such application.
(2) The registration authority shall, as soon as practicable, consider and rule on the application and shall notify the applicant of the ruling and, where the application is refused, of his right to appeal against the ruling to the county registrar.
Appeal against ruling of registration authority.
16. In case the application for entry in the supplement to the register is refused, an appeal, in writing, may be made to the county registrar against the ruling of the registration authority.
Ruling on appeal by county registrar.
17. (1) The county registrar shall consider and rule on an appeal made to him under Rule 16 and shall notify the registration authority of the ruling and the registration authority shall send notice in writing of the ruling to the applicant and shall take such steps as may be necessary to give effect to the ruling.
(2) (a) Before ruling on an appeal made to him under Rule 16 the county registrar may make such further inquiry as he may consider necessary and may require any person to give any information in his possession which the county registrar considers necessary for the purpose of his duties under this Rule.
(b) The provisions of paragraphs (4) and (5) of Rule 8 shall apply to the consideration of an appeal under this Part by the county registrar.
Preparation and publication of supplement to the register.
18. (1) As soon as may be after the twelfth day (disregarding any excluded day) before polling day at an election or a referendum, the registration authority shall prepare and publish a list of the names of persons (if any) whose applications to be entered in the supplement to the register were received on or before said twelfth day (disregarding any excluded day) before polling day and allowed by the registration authority, or on appeal by the county registrar.
(2) The list prepared under paragraph (1) shall form the supplement to the register.
(3) The supplement to the register shall be in such form as may be directed by the Minister.
PART III
Special Voters List
Application to be entered in the special voters list.
19. The following provisions shall apply in relation to an application to be entered in the special voters list pursuant to section 17 —
(a) the application shall be in the form directed by the Minister,
(b) the application shall be completed in accordance with the instructions provided thereon,
(c) the applicant shall, in the case of a first application and in the case of subsequent applications whenever required by the registration authority, furnish in support of his application a certificate in the form directed by the Minister from a medical practitioner certifying—
(i) the nature and extent of the physical illness or physical disability suffered by such applicant, and
(ii) an indication of the expected duration of such physical illness or physical disability,
(d) the application form duly completed and, where appropriate, the certificate referred to in paragraph (c) shall be delivered or sent by post, so as to be received by the registration authority not later than the date specified for that purpose in Rule 1.
Applicant to provide information or documents if required.
20. (1) An applicant to be included in the special voters list shall furnish to the registration authority any information or documents in his possession or procurement which the registration authority may require from him—
(a) so as to be satisfied that the applicant is a person to whom section 17 (2) applies, or
(b) for the purpose of their duties in relation to the preparation of the special voters list.
(2) Whenever a registration authority requires, pursuant to paragraph (1) information or documents from an applicant to be included in the special voters list, such applicant shall furnish the authority with the information or documents within the time (being not less than 7 days from the day on which the request is made) specified in the requirement and, if the applicant does not supply the required information or, as the case may be, documents within the time so specified, his application to be included in the special voters list shall be deemed to have been withdrawn.
Notices.
21. The registration authority shall, within the period specified for the purpose in Rule 1, arrange for the giving of public notice of—
(a) the category of electors entitled to apply to be entered in the special voters list;
(b) the manner in which, and the time before which, applications must be submitted; and
(c) the times and places at which application forms may be obtained.
Provision of application forms.
22. The registration authority shall arrange for the provision of application forms at such times and places as are specified in a notice published pursuant to Rule 21, and an application form shall be supplied free of charge to any person applying therefor.
Consideration of applications.
23. (1) Where the registration authority is satisfied that an applicant—
(a) is a person to whom section 17 (2) applies, and
(b) has duly completed his application form, and
(c) where appropriate, has submitted the certificate required pursuant to Rule 19,
the registration authority shall—
(i) rule that the application is granted and mark the application form accordingly, and
(ii) notify the applicant of the decision.
(2) Where the registration authority is not satisfied that an applicant—
(a) is a person to whom section 17 (2) applies, or
(b) has duly completed his application form, or
(c) where appropriate, has submitted the certificate required pursuant to Rule 19,
the registration authority shall—
(i) rule that the application is refused and mark the application form accordingly, and
(ii) notify the applicant of the decision and of the reasons therefor.
(3) Whenever an application is received by a registration authority after the specified date, the application shall be disregarded and the applicant shall be notified accordingly.
PART IV
General
Absence, incapacity or vacancy in office of county registrar.
24. If the office of county registrar is vacant or the county registrar is prevented by illness or other reasonable cause from carrying out his functions under this Schedule the said functions shall be performed during the period of the prevention by a person appointed by the county registrar with the approval of the Minister or, if no such appointment is made, or in the event of a vacancy in the office, by a person designated for the purpose by the Minister.
Publication of documents.
25. Where any document is required by this Schedule to be published the document may be published in such manner as the authority responsible for publishing consider desirable for the purpose of bringing the contents of the document to the notice of persons interested and in particular the document may be published by making copies of so much of the document as the said authority consider appropriate, available for public inspection (after consultation, where necessary, with the authority having charge of the building) in the office of the registration authority, the offices of the county registrar, post offices, garda stations, health centres and such other places as the said authority consider appropriate.
Method of sending notices etc.
26. Any copy of a claim, objection, notice or other document which is required under this Schedule to be sent to any person shall be sufficiently sent if sent by post to the address of that person as appearing on the draft register or register, or if there is no such address, to his last known address or place of abode.
Inquiry by registration authority etc.
27. An inquiry or request made pursuant to this Schedule by a registration authority, the corporation of a borough or the council of an urban district or by a county registrar may extend to matters outside the registration area.
THIRD SCHEDULE
Dáil Election Petitions
Section 132 .
Questioning a Dáil election.
1. Without prejudice to section 132 (4), where it appears to the Director of Public Prosecutions that a Dáil election may have been affected by the commission of electoral offences, he may question the election pursuant to this Act.
Security for costs.
2. (1) The security required to be given by section 132 shall be given either by recognisances entered into by any number of sureties satisfactory to the court not exceeding four or by a deposit of money, or partly in one way and partly in the other.
(2) Where a petition is presented by the Director of Public Prosecutions, section 132 (3) shall not apply.
Presentation of petition.
3. (1) A petition shall be presented by being lodged in the Central Office of the High Court.
(2) Subject to paragraph (3), a petition shall not be presented save within the twenty-eight days next after the result of the Dáil election is declared by the returning officer.
(3) Where a petition alleges bribery and specifically alleges a payment or other consideration to have been made or to have passed after the result of the Dáil election was declared by the returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, the petition may be presented within the twenty-eight days next after the day on which the said payment or consideration is alleged to have been made or to have passed.
(4) Where a petition has been lodged with the court, as soon as may be the petitioner shall give a copy of the petition—
(a) to any person to whose election the petition relates,
(b) to the Minister,
(c) to the Clerk of the Dáil,
(d) to the returning officer for the constituency to which the petition relates, and
(e) except in the case of a petition presented by the Director of Public Prosecutions, to the Director of Public Prosecutions.
Grounds for petition.
4. (1) Without prejudice to the generality of section 132 any of the following grounds may be specified in a petition:
(a) the Dáil election was affected by error or was not completed or was otherwise not conducted by the returning officer in accordance with law,
(b) the Dáil election was affected by electoral offences,
(c) a candidate at a Dáil election was not eligible for election to the Dáil.
(2) Notwithstanding any other provision of this Schedule, a petition shall not be dismissed on account of an informality in its contents which does not materially affect its substance.
(3) No Dáil election shall be declared invalid by reason of a non-compliance with any provision contained in this Act or any mistake in the use of forms provided for in this Act, or in regulations made thereunder, if it appears to the High Court that the election was conducted in accordance with the principles laid down in this Act taken as a whole and that such non-compliance or mistake did not affect the result of the election.
Particulars in petition.
5. A petition shall be signed and dated by the petitioner and shall specify—
(a) the Dáil election to which it relates,
(b) the grounds on which it is based,
(c) the remedy it seeks,
(d) the name and address of the petitioner and his solicitor or agent, if any.
Trial of petition.
6. (1) A petition shall be tried by the High Court and references to the court in this Schedule shall be construed as references to the High Court.
(2) The following provisions shall have effect in relation to the trial of a petition:
(a) in fixing the date for and conducting the trial, the court shall deal with the matter as soon as is reasonably possible;
(b) notwithstanding the death of any person to whose election the petition relates, his resignation as a member of the Dáil or his otherwise ceasing to be such member, the court shall have power to continue the trial if it considers it to be in the interests of justice to do so;
(c) the Director of Public Prosecutions may at any stage be represented at and take part in the trial as a party, whether of his own motion or at the request of the court;
(d) the returning officer for the relevant constituency shall, at the request of the court, attend the trial and give such assistance as shall be requested of him by the court, but without prejudice to his being a party to the proceedings or being called as a witness by any such party.
Counting of votes afresh.
7. (1) The court may, for the purposes of the trial of a petition questioning a Dáil election, if it thinks fit, order—
(a) that all the votes cast at the election in the constituency to which the petition relates shall be counted afresh, or
(b) that all the votes so cast and recorded on the ballot papers contained in a particular parcel shall be so counted,
and where the court so orders, the provisions of the following paragraphs shall have effect.
(2) Votes to which an order under this Rule relates shall be counted afresh under the direction of the court and, subject to paragraphs (3)and (4) and to such modifications (if any) as the court considers necessary, the provisions of Part XIX relating to the counting of votes at an election shall apply to such counting.
(3) Where votes are counted afresh pursuant to an order under this Rule, the court shall cause the following to be disregarded:
(a) preferences recorded on ballot papers which are invalid by virtue of section 118 (2),
(b) preferences recorded on forged or counterfeited ballot papers, and
(c) preferences recorded for any person who, with respect to the relevant Dáil election, is found by the court not to have been eligible for election to the Dáil.
(4) The court shall have power to reverse any decision of the returning officer at the original count.
(5) The costs of giving effect to an order under this Rule shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof and section 32 shall, with respect to the services and expenses properly rendered or incurred by the returning officer for the purposes of, or in connection with, giving effect to the order, apply in the same manner as it applied in respect of the services and expenses rendered or incurred by the returning officer for, or in connection with, the relevant Dáil election.
Withdrawal of petition.
8. (1) A petition shall not be withdrawn without the leave of the court and in giving such leave the court shall be satisfied that the notice given by the petitioner pursuant to paragraphs (3) and (4) was reasonable, and in addition to the foregoing, where a petition is presented by more than one petitioner the court, before giving such leave, shall be satisfied that all the petitioners agree to the withdrawal.
(2) Except in the case of a petition presented by the Director of Public Prosecutions, when applying for leave for the withdrawal of a petition, the petitioner shall submit to the court an affidavit stating—
(a) the reasons for the proposed withdrawal, and
(b) that, to the best of the petitioner’s knowledge and belief, neither an agreement nor an undertaking has been made or entered into in relation to the withdrawal of the petition in consideration of any payment or the cesser of membership of the Dáil or for any substantial reason not stated in the affidavit.
(3) Notice of intention to apply for leave to withdraw a petition shall be given by the petitioner by the publication in at least two daily newspapers circulating in the constituency to which the petition relates of a notice to that effect and the notice shall also state the time and place at which the application will be made and that any person may apply to the court to be substituted for the petitioner.
(4) Except in the case of a petition presented by the Director of Public Prosecutions, a copy of the affidavit mentioned in paragraph (2) together with notice of the time and place at which the application will be made shall be given by the petitioner to the Director of Public Prosecutions who may be represented at, and if he thinks fit, oppose the application.
(5) Where the petition has been presented by more than one petitioner, the affidavit mentioned in paragraph (2) shall, unless the court otherwise directs, be made by all the petitioners.
(6) The withdrawal of a petition pursuant to this Rule shall not affect the liability of any person (or of his estate) for the payment of costs previously incurred.
Substitution of new petitioner following withdrawal.
9. (1) On the hearing of an application for leave to withdraw a petition, any person who, under section 132 , would be eligible to present a petition, may apply to the court to be substituted as a petitioner, and the court may, if it thinks fit, substitute him accordingly.
(2) In case the court substitutes a petitioner under paragraph (1) and is of opinion that the application for leave to withdraw the petition was the result of any agreement or undertaking the making of which or the entering into which is declared by section 155 to be an offence, the court may direct that the security for costs given by the original petitioner shall remain as security for the costs that may be incurred by the substituted petitioner and that, to the extent of the sum named in the security, the original petitioner and his sureties, if any, shall be liable to pay the costs of the substituted petitioner.
Substituted petitioners.
10. (1) Subject to Rule 9 (2) a substituted petitioner shall, as nearly as may be, stand in the same position and be subject to the same liabilities as the original petitioner.
(2) In case the court substitutes a petitioner under Rule 9 and does not make a direction under paragraph (2) of that Rule, or in case the court substitutes a petitioner under Rule 11 the security required by section 132 in the case of a new petition, and subject to the like conditions, shall be given by the substituted petitioner, and in casesuch security is not so given no further proceedings shall be had on the petition and the petition shall abate, but the abatement shall not affect the liability of any person (or of his estate) for the payment of costs previously incurred.
Abatement of petition.
11. (1) A petition shall be abated by the death of a sole petitioner or of the survivor of several petitioners.
(2) The abatement of a petition by virtue of paragraph (1) shall not affect the liability of the petitioner or any other person (or of his estate) for the payment of costs previously incurred.
(3) At any time within the fourteen days next after the day of any such abatement, any person may apply to the court to be substituted as a petitioner and the court may, if it thinks fit, substitute him accordingly, and in case the court makes an order under this Rule the petition shall thereupon be revived.
Matters relating to final order on trial of petition.
12. (1) A copy of the order determining the petition in accordance with section 132 shall be given forthwith by the court to each of the following, namely, any person to whose election the order relates, the Minister, the Chairman of the Dáil, the returning officer concerned and the Director of Public Prosecutions.
(2) The court shall have power to make such amendments in the return of persons elected made to the Clerk of the Dáil by a returning officer as it considers necessary in consequence of its decision on a petition.
Effect of certain declarations by court.
13. (1) Where the order of the court determining the trial of a petition declares that a person was not duly elected to the Dáil, or was not qualified for election as a member of the Dáil, or that the whole or part of a Dáil election was void, the person to whom the declaration relates, or any person declared to be elected at such void election or void part of such election (as the case may be) shall, without prejudice to his having ceased otherwise to be such member, be regarded as having ceased to be a member of the Dáil on (but not before) the day next following the day on which a copy of the order of the court is given to the Chairman of the Dáil pursuant to Rule 12 (1) and, subject to paragraph (2), a vacancy shall exist accordingly.
(2) Where an order mentioned in paragraph (1) declares that, in the place of any person declared by the order not to have been duly elected or not to have been eligible for election as a member of the Dáil, a specified other person was ascertained to have been elected, that other person shall, without prejudice to any dissolution of the Dáil, stand elected as a member of the Dáil on (but not before) the day next following the day on which a copy of the order is given as aforesaid to the Chairman of the Dáil.
(3) As soon as practicable after a copy of an order is given to him pursuant to Rule 12 the Chairman of the Dáil shall inform the Dáil of the terms of the order.
(4) Where a person has been returned as a member to serve in the Dáil and, subsequent to being so returned, the person sits, votes or otherwise participates as a member in the business of the Dáil or purports to do anything by virtue of membership of the Dáil and is also declared by the court not to have been duly elected as a member to serve in the Dáil, or not to have been eligible for membership of the Dáil, for the avoidance of doubt it is hereby declared that anything done by the person while so participating and anything purporting to have been so done, either on or before the day on which a copy of the said order is given as aforesaid to the Chairman of the Dáil shall, notwithstanding the order, be valid and effectual.
No action to be taken in certain circumstances to fill vacancy in Dáil.
14. Except by a general election of members of the Dáil, no action shall be taken to fill a vacancy in the Dáil caused by the death or cesser as such member of a person who has died or resigned or otherwise ceased to be a member of the Dáil while the trial of the petition relating to him is pending or proceeding.
Witnesses.
15. (1) The court shall be entitled of its own volition, at any time during the trial of a petition, to direct that a particular person shall be brought before the court and shall give evidence at the trial, and where the court so directs the cost of bringing the person before the court (including any moneys payable to him as witness’s expenses) shall be regarded as part of the costs of the petition.
(2) Subject to paragraph (3) a person who is called as a witness at the trial of a petition shall not be excused from answering any question relating to any offence at or connected with the relevant Dáil election on the ground that the answer thereto may incriminate or tend to incriminate him or on grounds of privilege: provided that—
(a) a witness who satisfies the court that he has answered truly all the questions which he is required by the court to answer shall be entitled to receive from the court a certificate stating that the witness has so answered, and
(b) an answer by a witness who has received such a certificate to a question put at the trial of a petition shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be in any proceeding, civil or criminal, admissible in evidence against him.
(3) Nothing in this Rule shall be construed as affecting the right of any party to a petition to call any person as a witness.
Costs of petition.
16. (1) All costs, other than the costs of counting votes afresh under Rule 7, of and incidental to a petition shall be in the discretion of the court which shall have power to order such costs or any part of such costs of any party to the petition to be paid by any other such party, and, where the costs or any part of the costs of any such party are so ordered to be paid by the petitioner, the court shall, where necessary, make provision for the payment of those costs, to the extent of the amount named in the security given by the petitioner, out of or by means of such security.
(2) Without prejudice to paragraph (1), where on the trial of a petition, it appears to the court that any person or persons committed electoral offences in relation to the relevant Dáil election, the court may, after giving the person or persons an opportunity of being heard to show cause why the order should not be made, if it so thinks fit, order the whole or part of the costs of the petition other than the costs of counting votes afresh under Rule 7, to be paid by that person, or those persons or any of them, and may order that in case such costs cannot be wholly recovered from the person or persons they shall be paid by some other or others of those persons.
Further provisions regarding costs.
17. (1) Subject to paragraph (4) the costs and other expenses incurred on his behalf by a returning officer at the trial of a petition shall be paid out of the Central Fund.
(2) Costs awarded to a returning officer at the trial of a petition shall be a simple contract debt due to the Minister for Finance andsuch debt, in default of being discharged, may be recovered by that Minister in any court of competent jurisdiction.
(3) Subject to paragraphs (4) and (5), costs awarded against a returning officer at the trial of a petition shall be paid out of the Central Fund.
(4) Where the court is satisfied that the returning officer has been grossly negligent in the discharge of his duties, the court may order that the officer shall be liable for any costs awarded against him by the court.
(5) Where an order is made under paragraph (4) any costs awarded against an officer which are paid out of the Central Fund shall be a debt due to the Minister for Finance by the officer, and such debt, in default of being discharged, shall be recoverable by that Minister in any court of competent jurisdiction as a simple contract debt due to him.
Statement of case to Supreme Court.
18. (1) At any stage of the trial of a petition the court may, if it so thinks proper, on its own motion or on the application of any party to the petition, state a case for the opinion of the Supreme Court on any question of law arising at the trial.
(2) Notwithstanding anything contained in this Schedule, where a case is stated under this Rule the court shall not determine the petition until the Supreme Court has given its decision and may adjourn the trial or any part thereof until such decision is given.
(3) Costs incurred in relation to a case stated under this Rule shall for all purposes be part of the costs incurred in relation to the petition.
Service of documents.
19. Where a copy of an order, petition or other document is required by this Schedule to be given to a person, it shall be addressed to him and shall be given to him in some one of the following ways:
(a) by delivering it to him;
(b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;
(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides, or in a case in which an address for service has been furnished, at that address.
FOURTH SCHEDULE
Forms
Sections 39 and 88 .
Part I
Forms of Writ
FORM OF WRIT FOR A GENERAL ELECTION.
Do………. an ceann comhairimh do dháilcheantar……….
To………. returning officer for the constituency of……….
DE BHRÍ go bhfuil Dáil Éireann lánscortha:
WHEREAS Dáil Éireann is dissolved:
ANOIS, déanaimse,……… Cléireach Dháil Éireann, de réir fhorálacha alt 39 den Acht Toghcháin, 1992, a ordú leis seo duitse, i do cheann comhairimh do dháilcheantar………. toghchán a chur á dhéanamh sa dáilcheantar sin do………. comhalta chun fónamh i nDáil Éireann don dáilcheantar sin:
NOW, I,………. Clerk of Dáil Éireann, in accordance with the provisions of section 39 of the Electoral Act, 1992, do hereby direct you, as the returning officer for the constituency of………. to cause an election to be held in that constituency of………. members to serve in Dáil Éireann for the said constituency:
AGUS, tar éis an toghchán sin a bheith déanta go cuí, ainmneacha na gcomhaltaí a thoghfar amhlaidh a dheimhniú dom gan mhoill i m’Oifig i………. i mBaile Átha Cliath.
AND that, when such election has been duly held, you do without delay certify to me in my Office at………. in Dublin the names of the members so elected.
I bhFIANAISE air sin tá mé tar éis mo lámh agus mo shéala a chur leis seo.
IN WITNESS whereof I have hereunto set my hand and seal.
an this
………………………..
lá seo de dayof
………………………..,
19.
NÍ FOLÁIR DON CHEANN COMHAIRIMH ADMHÁIL A THABHAIRT LÁITHREACH GO BHFUAIR SÉ AN EASCAIRE SEO.
THE RETURNING OFFICER MUST ACKNOWLEDGE RECEIPT OF THIS WRIT IMMEDIATELY.
CERTIFICATE ENDORSED ON THE WRIT.
Deimhním leis seo gurb iad na comhaltaí a toghadh chun fónamh i nDáil Éireann do dháilcheantar………. de bhun na heascaire sin thuas:—
I hereby certify that the members elected to serve in Dáil Éireann for the constituency of………. in pursuance of the above writ are:—
C.D.
as of
………………………..
i gContae in the County of
………………………..
E.F.
as of
………………………..
i gContae in the County of
………………………..
G.H.
as of
………………………..
i gContae in the County of
………………………..
(Sínithe) (Signed)
A.B.
Ceann Comhairimh,
Returning Officer.
Dáta Date
………………………………
LABEL OR DIRECTION ON THE WRIT.
Don cheann comhairimh do dháilcheantar
…………………………………..
To the returning officer for the constituency of
…………………………………..
Eascaire chun comhaltaí a thoghadh chun fónamh i nDáil Éireann.
A writ for the election of members to serve in Dáil Éireann.
Fuair mé an eascaire seo istigh—
Received the within writ on—
an this
………………………..
lá seo de dayof
………………………..,
19.
(Sínithe) (Signed)
A.B.
Ceann Comhairimh,
Returning Officer.
FORM OF WRIT FOR A BYE-ELECTION.
(To be adapted appropriately if the Clerk of Dáil Éireann is directed on the same day to issue writs for the election of members to fill more than one vacancy in the representation of a constituency).
Do ………. an ceann comhairimh do dháilcheantar ……….
To ………. returning officer for the constituency of ……….
DE BHRÍ gur tharla folúntas in ionadaíocht dháilcheantar ………. i nDáil Eireann toisc ………. ba chomhalta de Dháil Eireann don dáilcheantar sin a scor de bheith ina chomhalta ar dhóigh seachas de chionn Dáil Éireann a lánscor:
WHEREAS a vacancy has occurred in the representation of the constituency of …………………. in Dáil Éireann by ………. who was a member of Dáil Eireann for the said constituency ceasing to be a member otherwise than in consequence of the dissolution of Dáil Éireann:
AGUS DE BHRÍ gur ordaigh Cathaoirleach Dháil Éireann dom go cuí eascaire a chur amach chun comhalta a thoghadh do Dháil Éireann chun an foluntas réamhráite a lionadh:
AND WHEREAS the Chairman of Dáil Éireann has duly directed me to issue a writ for the election of a member of Dáil Éireann to fill the vacancy aforesaid:
ANOIS, déanaimse, ………. Cléireach Dháil Éireann, de réir fhorálacha alt 39 den Acht Toghcháin, 1992, a ordú leis seo duitse, i do cheann comhairimh don dáilcheantar réamhráite, toghchán a chur á dhéanamh sa dáilcheantar sin do chomhalta chun fónamh i nDáil Eireann don dáilcheantar sin in ionad. ………. sin:
NOW, I, ………. Clerk of Dáil Éireann, in accordance with the provisions of section 39 of the Electoral Act, 1992, do hereby direct you, as the returning officer for the constituency aforesaid, to cause an election to be held in the said constituency of a member to serve in Dáil Éireann for the said constituency in the place of the said ……….
AGUS, tar éis an toghchán sin a bheith déanta go cuí, ainm an chomhalta a thogh-far amhlaidh a dheimhniú dom gan mhoill i m’Oifig i ………. i mBaile Átha Cliath.
AND that, when such election has been duly held, you do without delay certify to me in my Office at ………. in Dublin the name of the member so elected.
I bhFIANAISE air sin tá mé tar éis mo lámh agus mo shéala a chur leis seo.
IN WITNESS whereof I have hereunto set my hand and seal.
an this
………………………..
lá seo de dayof
………………………..,
19.
NÍ FOLÁIR DON CHEANN COMHAIRIMH ADMHÁIL A THABHAIRT LÁITHREACH GO BHFUAIR SÉ AN EASCAIRE SEO.
THE RETURNING OFFICER MUST ACKNOWLEDGE RECEIPT OF THIS WRIT IMMEDIATELY.
CERTIFICATE ENDORSED ON THE WRIT.
Deimhním leis seo gurb é an comhalta a toghadh chun fónamh i nDáil Éireann do dháilcheantar ………. de bhun na heascaire sin thuas:—
i hereby certify that the member elected to serve in Dáil Éireann for the constituency of ………. in pursuance of the above writ is:—
C.D.
as of
………………………..
I gContae in the County of
………………………..
(Sínithe) (Signed)
A.B.
Ceann Comhairimh,
Returning Officer.
Dáta Date
………………………………
Don cheann comhairimh do dháilcheantar
………………………………
To the returning officer for the constituency of
……………………………..
Eascaire chun comhaltaí a thoghadh chun fónamh i nDáil Éireann.
A writ for the election of a members to serve in Dáil Éireann.
ENDORSEMENT.
Fuair mé an eascaire seo istigh—
Received the within writ on—
an this
………………………..
lá seo de dayof
………………………..,
19.
(Sínithe) (Signed)
A.B.
Ceann Comhairimh,
Returning Officer.
PART II
FORM OF BALLOT PAPER
(Front of Paper)
Marcáil ord do rogha sna spáis seo thíos.
Mark order of preference in spaces below.
DOYLE — LIBERAL SOCIALISTS
(MARY DOYLE, of 10 High Street, Knockmore, Nurse.)
LYNCH — URBAN PARTY
(JANE ELLEN LYNCH, of 12 Main Street, Ardstown, Shopkeeper.)
MURPHY (PATRICK MURPHY, of 12 Main Street, Ballyduff, Carpenter.)
Ó BRIAIN — CUMANN NA SAORÁNACH (SÉAMUS Ó BRIAIN, as 10 An tSráid Ard, Carn Mór, Oide Scoile.)
O’BRIEN — NON-PARTY (EAMON O’BRIEN, of 22 Wellclose Place, Knockbeg, Barrister.)
O’BRIEN — THE INDEPENDENT PARTY (ORLA O’BRIEN, of 103 Eaton Brae, Cahermore, Solicitor.)
O’CONNOR — NATIONAL LEAGUE (CAROLINE O’CONNOR, of 7 Green Street, Carnmore, Engineer.)
THOMPSON — RURAL PARTY (WILLIAM H. THOMPSON, of Dereen, Ballyglass, Farmer.)
TREORACHA.
INSTRUCTIONS.
I. Scríobh an figiúr 1 le hais ainm an chéad iarrthóra is rogha leat, an figiúr 2 le hais do dhara rogha, agus mar sin de.
I. Write 1 beside the name of the candidate of your first choice, 2 beside your second choice, and so on.
II. Fill an páipéar ionas nach bhfeicfear do vóta. Taispeáin cúl an pháipéir don oifigeach ceannais, agus cuir sa bhosca ballóide é.
II. Fold the paper to conceal your vote. Show the back of the paper to the presiding officer and put it in the ballot box.
(Back of Paper)
No …………………………………………………………
Election for Constituency of ………………………………………..
(Back of Counterfoil)
Counterfoil No……………………………………………………
ELECTORAL (AMENDMENT) ACT, 1996 (as enacted)
AN ACT TO REVISE ELECTORAL LAW RELATING TO VOTING BY DISABLED VOTERS AND TO PROVIDE FOR OTHER ELECTORAL MATTERS. [25th December, 1996]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Short title, collective citation and commencement.
1.—(1) This Act may be cited as the Electoral (Amendment) Act, 1996.
(2) The Electoral Acts, 1992 and 1995, and this Act may be cited together as the Electoral Acts, 1992 to 1996, and shall be construed together as one Act.
Polling districts and polling places.
2.—The Electoral Act, 1992 , is hereby amended in section 28 by—
(a) the insertion of the following subsection after subsection (1):
“(1A) Each local authority shall, in making a scheme under this section, endeavour to appoint as polling places only such areas as shall allow the returning officer to provide at each polling place at least one polling station which is accessible to wheelchair users.”,
(b) the insertion of the following subsection after subsection (5):
“(5A) (a) Where it is not practicable to provide a polling station which is accessible to wheelchair users at a polling place appointed for a polling district by a scheme for the time being in force in respect of a county or county borough, the local authority may appoint an alternative polling place at which it is practicable to provide a polling station which is accessible to wheelchair users for that polling district.
(b) As soon as may be after the appointment of an alternative polling place for a polling district under paragraph (a), the local authority shall notify in writing details of such appointment to the Minister.”,
and
(c) the substitution in subsection (6) for “a scheme under this section shall be” of “a scheme under this section and an appointment under subsection (5A) of an alternative polling place for a polling district in a scheme for the time being in force shall each be”.
Requirement for provision of accessible polling procedures.
3.—(1) The Electoral Act, 1992 is hereby amended by—
(a) the insertion of the following subsection after subsection (1) of section 94:
“(1A) The returning officer shall, where practicable, provide polling stations which are accessible to wheelchair users.”,
(b) the insertion of the following subsection after subsection (3) of section 94:
“(3A) The returning officer shall, where practicable, give public notice of all polling stations which are inaccessible to wheelchair users not later than the eighth day before polling day.”,
and
(c) the insertion of the following paragraphs after paragraph (h) of subsection (5) of section 94:
“(i) such other arrangements as may serve to facilitate the marking and placing in the ballot box of ballot papers by voters who may be wheelchair users,
(j’) such arrangements as the Minister may provide for by regulations as may serve to facilitate voters with visual impairments to mark their ballot papers without assistance.”.
(2) The Local Elections Regulations, 1995 ( S.I. No. 297 of 1995 ), are hereby amended—
(a) by the insertion of the following sub-article after sub-article (1) of Article 57:
“(1A) The returning officer shall, where practicable, provide polling stations which are accessible to wheelchair users.”,
and
(b) by the insertion of the following paragraphs after paragraph (h) of sub-article (5) of Article 57:
“(i) such other arrangements as may serve to facilitate the marking and placing in the ballot box of ballot papers by voters who may be wheelchair users,
(j) such arrangements as may be provided for by regulations under section 94 (5)(j) of the Act of 1992 for the time being in force as may serve to facilitate voters with visual impairments to mark their ballot papers without assistance.”.
Extension of postal voting to disabled persons.
4.—(1) The Electoral Act, 1992 is hereby amended by—
(a) the insertion after “qualifying date” in paragraph (c) of section 14 of “, or” and the following paragraph:
“(d) a person who is ordinarily resident at his residence, applies to be so entered and satisfies the registration authority that—
(i) such person is unable to go in person to vote at the polling place for his polling district by reason of his physical illness or physical disability, and
(ii) the physical illness or physical disability is likely to continue for the period of continuance in force of the register of electors in respect of which the application to be entered as a postal voter is made.”,
(b) the insertion of the following section after section 14:
“Supplemental provisions to section 14.
14A.—(1) Part III of the Second Schedule shall apply to an application to be registered as a postal voter pursuant to section 14 (d) as if references in that Part to ‘special voters list’ were references to ‘postal voters list’ and references to ‘section 17’ and ‘section 17 (2)’ were references to ‘section 14 (d)’.
(2) An application from a person for entry in the postal voters list under section 14 (d) who, on the date of such person’s application, is entered in the special voters list then in force shall be deemed not to be a first application for entry in the postal voters list for the purposes of Rule 19 (c) of the Second Schedule, as applied by subsection (1), to an application for entry in the postal voters list under the said section 14 (d).”,
(c) the insertion of “and a statement of the offences and penalties relating to postal voting contained in Part XXII” after “to the voter” in subsection (2) of section 66,
(d) the deletion of paragraph (a) of subsection (2) of section 17 and the substitution of the following:
“(a) such elector is ordinarily resident in a hospital or in a home or similar institution for persons with a physical illness or physical disability and is unable to go in person to vote at the polling place for such elector’s polling district by reason of physical illness or physical disability; and”,
(e) the insertion of the following subsection after subsection (4) of section 17:
“(5) An application from a person for entry in the special voters list under this section who, on the date of application, is entered in the postal voters list under section 14 (d) then in force shall be deemed not to be a first application for entry in the special voters list for the purposes of Rule 19 (c) of the Second Schedule.”,
(f) the insertion of “postal voters list or the” after “entered in the” in subsection (2) (c) of section 133,
(g) the insertion of “and the registration of postal voters pursuant to section 14 (d)” after “special voters” in paragraph 2 of the Table to paragraph (4) of Rule 1 of the Second Schedule, and
(h) the insertion of “or registered as a postal voter pursuant to section 14 (d)” after “special voters list” in paragraph 4 of the Table to paragraph (4) of Rule 1 of the Second Schedule.
(2) The Local Elections Regulations, 1995, are hereby amended by the insertion of “and a statement of the offences and penalties relating to postal voting contained in Part XV” after “to the voter” in Article 31(2).
Accessibility of counting places.
5.—(1) The Electoral Act, 1992 is hereby amended by the addition to section 112 at the end thereof of the following:
“The returning officer shall, where practicable, ensure that the place duly appointed under this section at which votes will be counted is accessible to wheelchair users.”.
(2) Article 74 of the Local Elections Regulations, 1995, is hereby amended by the addition of the following sub-article after sub-article (2):
“(3) The returning officer shall, where practicable, ensure that the place duly appointed under sub-article (2) at which votes will be counted is accessible to wheelchair users.”.
Transitional provisions.
6.—(1) The Minister shall by regulations prescribe dates for the purposes of paragraphs 2 and 4 of the Table to paragraph (4) of Rule 1 of the Second Schedule to the Electoral Act, 1992 , in respect of applications for entry in the postal voters list under section 14(d) of that Act for the register of electors to be published in the year 1997.
(2) Where regulations are made under subsection (1) of this section—
(a) the registration authority shall deem an application for entry in the special voters list in respect of that register from an elector who is ordinarily resident at his or her residence to be an application for entry in the postal voters list pursuant to section 14 (d) of the Electoral Act, 1992 ,
(b) the registration authority shall enter in the postal voters list the name of every elector referred to in paragraph (a) of this subsection in relation to whom an application for entry in the special voters list is granted and the name of any such elector shall not be included in the special voters list and, where appropriate, the registration authority shall remove the name of any such elector from the special voters list to which the application relates, and
(c) the notice the registration authority is required to publish pursuant to Rule 21 of the Second Schedule to the Electoral Act, 1992 , which is applied by virtue of section 14A (inserted by this Act) of the Electoral Act, 1992 , to an application for entry in the postal voters list under section 14(d) of that Act shall, in relation to that register, include a reference to the fact that any application for entry in the special voters list received from an elector who is ordinarily resident at his or her residence shall be deemed to be an application for entry in the postal voters list pursuant to the said section 14(d).
(3) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Act Referred to
Electoral Act, 1992
1992, No. 23
ELECTORAL ACT, 1997 (as enacted)
AN ACT TO ESTABLISH A CONSTITUENCY COMMISSION, TO MAKE PROVISION FOR PAYMENTS TO POLITICAL PARTIES AND CANDIDATES, TO MAKE PROVISION FOR DISCLOSURE OF DONATIONS FOR POLITICAL PURPOSES, TO REGULATE EXPENDITURE AT ELECTIONS BY POLITICAL PARTIES AND CANDIDATES, TO PROVIDE VOTING ARRANGEMENTS FOR CERTAIN PERSONS UNABLE TO VOTE AT POLLING STATIONS AND TO PROVIDE FOR OTHER ELECTORAL MATTERS. [15th May, 1997]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I
Preliminary and General
Short title, collective citation, construction and commencement.
1.—(1) This Act may be cited as the Electoral Act, 1997.
(2) The Electoral Acts, 1992 to 1996, and this Act may be cited together as the Electoral Acts, 1992 to 1997 and shall be construed together as one Act.
(3) The Presidential Elections Acts, 1992 and 1993, Part VI and, insofar as they relate to presidential elections, Parts VII and VIII may be cited together as the Presidential Elections Acts, 1992 to 1997, and shall be construed together as one Act.
(4) The collective citation “the European Parliament Elections Acts, 1992 to 1997” shall include this Act insofar as it relates to European elections and the European Parliament Elections Acts, 1992 to 1997 shall be construed together as one Act.
(5) The Local Elections Acts, 1974 to 1994, and Parts VII and VIII , insofar as they relate to local elections, may be cited together as the Local Elections Acts, 1974 to 1997, and shall be construed together as one Act.
(6) (a) Sections 1 , 2 and 4 , Part IV , sections 46 , 47 , 48 , 57 (1) (other than paragraph (b)), and sections 50 and 61 (insofar as they relate to donations at a presidential election), 71 and 73 (other than paragraphs (a) and (c)), and 74 shall come into operation on the passing of this Act.
(b) Parts I, III, V, VI and section 73 other than those provisions specified in paragraph (a) shall come into operation on the first day of January, 1998.
(c) This Act, other than those provisions specified in paragraphs (a) and (b), shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.
Interpretation.
2.—(1) In this Act, except where the context otherwise requires—
“the Act of 1992” means the Electoral Act, 1992 ;
“the Act of 1993” means the Presidential Elections Act, 1993 ;
“the Act of 1997” means the European Parliament Elections Act, 1997;
“the appropriate officer” has the meaning assigned to it in section 71 ;
“commercial price”, in relation to the supply of property, goods or services and the lending of property or goods, means—
(a) where the person by whom the property or goods are supplied or lent or the service is supplied carries on a business consisting wholly or partly of the supply or lending of property or goods or the supply of a service, the lowest price or consideration charged by the person for the supply or lending in the normal course of business of an equivalent amount of property or goods of the same kind or for the supply of a service of the same kind and to the same extent (allowance being made for any discount which is normally given by the person in respect of the supply or lending of property or goods of the same kind or the supply of a service of the same kind) at or about the time of the first-mentioned supply or lending of property or goods or the first-mentioned supply of a service, and
(b) where the person by whom the property or goods are supplied or lent or the service is supplied does not carry on a business consisting wholly or partly of the supply or lending of property or goods or the supply of a service of the same kind, the lowest price or consideration for which an equivalent amount of property or goods of the same kind may be purchased or taken on loan or a service of the same kind and to the same extent may be procured in the normal course of business (allowance being made for any discount which is normally given in respect of the supply or lending of property or goods of the same kind or the supply of a service of the same kind) at or about the time of the first-mentioned supply or lending of property or goods or the first-mentioned supply of a service from a person who carries on such a business;
“constituency” means, as the context may require, a Dáil constituency or a European Parliament constituency;
“the consumer price index number” means the All Items Consumer Price Index compiled by the Central Statistics Office and a reference to such a number at a particular time shall be construed as a reference to such a number expressed on the basis that the consumer price index number at mid-November, 1996, is 100;
“donation statement” has the meaning assigned to it by section 24;
“election”, except in Parts VII and VIII means, as the context may require, a Dáil election or a European election or both a Dáil election and a European election;
“election agent” has the meaning assigned to it by section 28;
“local authority” means the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town;
“national agent” has the meaning assigned to it by section 28;
“person”, except in Part VI , shall include an individual, a body corporate and an unincorporated body of persons and a body corporate and any subsidiary thereof shall be deemed to be one person;
“personal representative” has the meaning assigned to it by section 3 of the Succession Act, 1965 ;
“political party”, except in Part VI or section 72 , means a political party registered in the Register of Political Parties in accordance with section 25 of the Act of 1992 as a party organised to contest a Dáil election or a European election or both such elections;
“polling day” means the day appointed by order of the Minister to be polling day at a presidential election or a Dáil election or a European election or a local election or a referendum, as the case may be;
“property” means real and personal property;
“the Public Offices Commission” means the Commission established by section 21 of the Ethics in Public Office Act, 1995 ;
“qualified party” has the meaning assigned to it by section 16;
“Seanad election” means the election of members to the Seanad from panels of candidates and the election of members by universities and includes both a Seanad general election and a Seanad bye-election.
(2) In this Act—
(a) a reference to a Part or section, is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended;
(b) a reference to a subsection, paragraph or subparagraph is to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;
(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.
(3) Where a provision of this Act imposes a duty to be performed in respect of a preceding year or a year the reference in that provision to year shall in relation to the year in which the provision comes into operation be construed as a reference to the period between the day on which the provision concerned came into operation and the following 31st day of December.
(4) Nothing in Part IV or VI shall apply to donations received before the coming into operation of Part IV or of the provisions of Part VI insofar as they relate to donations.
(5) Nothing in Part V or VI shall apply to the incurring of expenditure before the coming into operation of those Parts.
Variation of monetary amounts by order of Minister.
3.—(1) The Minister may, by order, vary any monetary amount specified in section 21 , 23 , 24 (4), 26 (1), 30 , 31 , 32 , 47 , 48 (1), 51 or 52 , or in regulations made under section 21 or 72 or in an order made under section 33 (1) or 53 , having regard to any change in the consumer price index since the coming into operation of the provision for the time being in force specifying the amount in question, including an order under this section, and may, by order, amend or revoke any such order.
(2) For the purposes of this section, “change in the consumer price index” means the difference between the consumer price index number last published before the date of the order under this section and the said number last published before the date of the coming into force of the provision specifying the amount applying immediately before the making of the said order, including an order under this section, expressed as a percentage of the last-mentioned number.
(3) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything done thereunder.
Review by Public Offices Commission.
4.—(1) The Public Offices Commission shall consider every statement furnished to it pursuant to sections 20 , 24 , 36 , 48 and 56 and regulations made under section 72 and every notification furnished to it under section 23 and, where it considers it appropriate to do so, shall furnish a report in writing to the Chairman of the Dáil on any matter arising in relation to such statements.
(2) Where the Public Offices Commission, following consideration by it of a statement of election expenses furnished to it pursuant to section 36 or 56 or regulations made under section 72 , finds a minor error or omission in the statement, the Commission shall furnish to the national agent, election agent or presidential election agent, as the case may be, or a person referred to in section 31 (7) or 52 (6) by whom the statement was furnished details of the error or omission, as the case may be, and the Commission shall inform the said agent or said person, as the case may be, that he or she may correct the error or make good the omission within the period of 14 days from the date on which the notification issued to the said agent or said person, as the case may be.
(3) (a) Where the Public Offices Commission, following consideration by it of a statement furnished to it pursuant to section 24 , 36 , 48 or 56 or regulations made under section 72 or a notification furnished to it under section 23 , is of the opinion that there may have been a contravention of the provisions of Part IV , V or VI or regulations made under section 72 , the Commission shall furnish to the person who provided the statement or notification details of the possible contravention and the Commission shall inform that person that he or she may furnish comments on the matter to the Commission within 14 days from the date on which the notification issued to that person and that any such comments will be considered by the Commission before considering the matter further.
(b) Where the person to whom a notification issues under paragraph (a) furnishes to the Public Offices Commission his or her comments on the matter referred to in the notification within the period referred to in paragraph (a), the Commission shall have regard to the said comments.
(c) Where, following consideration of any comments which the person to whom a notification issues under paragraph (a), or where such person fails to make any such comments, the Public Offices Commission continues to be of the opinion that there may have been a contravention of the provisions of Part IV , V or VI or regulations made under section 72 , it shall furnish a written report on the matter (together with any relevant document or other thing in its possession) to the Director of Public Prosecutions.
(4) The Public Offices Commission may make such inquiries as it considers appropriate and may require any person to furnish any information, document or thing in the possession or procurement of the person which the Commission may require for the purposes of its duties under this Act.
(5) Every report furnished by the Public Offices Commission pursuant to subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is furnished.
(6) The Public Offices Commission—
(a) shall from time to time draw up and publish to persons to whom a provision of Part III , IV , V or VI or of regulations made under section 72 applies guidelines concerning the steps to be taken by such persons to ensure compliance by them with this Act generally and, in particular, with the provisions of those Parts and regulations, and
(b) may, at the request of a person to whom a provision of Part III , IV , V or VI or of regulations made under section 72 applies, give advice to the person in relation to any provision of this Act or of regulations made under section 72 or as to the application, in any particular case, of any such provision.
(7) When a request is made under subsection (6) (b) in relation to a particular case, the provision concerned of Part III , IV , V or VI or of regulations made under section 72 shall not, as respects the person who made the request, apply in relation to that case during the period from the making of the request to the time when advice is given by the Public Offices Commission in relation to the case or the Public Offices Commission declines to give such advice.
(8) The Public Offices Commission shall, within 21 days of the receipt by it of a request for advice under subsection (6) (b), furnish the advice to the person concerned or notify the person of its decision to decline to do so.
(9) The provisions of subsection (11) of section 32 of the Ethics in Public Office Act, 1995 shall apply and have effect in relation to the performance by the Public Offices Commission of its functions under this Act.
PART II
Constituency Commission
Establishment of Constituency Commission.
5.—(1) Upon the publication by the Central Statistics Office, following a Census of Population, of the Census Report setting out the population of the State classified by area there shall be established by the Minister, by order, a commission (in this Act referred to as “a Constituency Commission”) to perform the function assigned to it by this Part.
(2) A Constituency Commission and its members shall be independent in the performance of their functions under this Act.
(3) Every order made under subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is made.
Function of Constituency Commission.
6.—(1) It shall be the function of a Constituency Commission to make a report in relation to the constituencies for—
(a) the election of members to the Dáil, and
(b) the election of representatives to the European Parliament.
(2) In preparing a report under subsection (1) (a) a Constituency Commission shall, in observing the relevant provisions of the Constitution in relation to Dáil constituencies, have regard to the following:
(a) the total number of members of the Dáil, subject to Article 16.2.2° of the Constitution, shall be not less than 164 and not more than 168;
(b) each constituency shall return three, four or five members;
(c) the breaching of county boundaries shall be avoided as far as practicable;
(d) each constituency shall be composed of contiguous areas;
(e) there shall be regard to geographic considerations including significant physical features and the extent of and the density of population in each constituency; and
(f) subject to the provisions of this section, the Commission shall endeavour to maintain continuity in relation to the arrangement of constituencies.
(3) In preparing a report under subsection (1) (b) a Commission shall have regard to the following:
(a) the total number of representatives to be elected in the State to the European Parliament shall be 15 or such other number as may be specified for the time being pursuant to the treaties governing the European Communities;
(b) there shall be reasonable equality of representation as between constituencies; and
(c) the matters specified in paragraphs (b) to (f) of subsection (2).
(4) The reference in subsection (2) (c) to county boundaries shall be deemed not to include a reference to the boundary of a county borough or any boundary between any two of the administrative counties standing established by virtue of Part II of the Local Government (Dublin) Act, 1993 .
Membership of Constituency Commission.
7.—A Constituency Commission shall consist of the following members:
(a) (i) a judge of the Supreme Court, or
(ii) following consultation with the President of the High Court, a judge of the High Court,
nominated by the Chief Justice, who shall be the chairperson of the Commission,
(b) the Ombudsman,
(c) the Secretary of the Department of the Environment,
(d) the Clerk of the Dáil, and
(e) the Clerk of the Seanad.
Provisions in relation to members.
8.—(1) Where, before the reports of a Constituency Commission have been presented to the Chairman of the Dáil under section 9 , the person appointed to be chairperson of the Commission—
(a) through ill-health or other reasonable cause becomes unable to act as such chairperson, the Chief Justice shall assign another judge of the Supreme Court or, following consultation with the President of the High Court, another judge of the High Court to be a member and the chairperson of the Commission;
(b) ceases to hold office as a judge of the Supreme Court or of the High Court, the person shall continue as such chairperson until the reports of the Commission have been presented unless the Chief Justice assigns another judge of either court to be a member and the chairperson of the Commission.
(2) Where the holder of an office referred to in paragraphs (b) to (e) of section 7 , through ill-health or other reasonable cause, is unable to act as a member of a Constituency Commission or any such office is vacant, the Minister may appoint, in the case of—
(a) the Ombudsman, the Director of the Office of the Ombudsman,
(b) the Secretary of the Department of the Environment, another officer of the Minister, who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956 ,
(c) the Clerk of the Dáil, the Clerk Assistant of the Dáil, and
(d) the Clerk of the Seanad, the Clerk Assistant of the Seanad,
to be a member of the Commission and the person so appointed shall remain a member of the Commission until the reports of the Commission are presented to the Chairman of the Dáil under section 9 .
(3) Where, before the reports of a Constituency Commission have been presented to the Chairman of the Dáil under section 9 , a person who is a member of the Commission ceases to hold an office referred to in paragraphs (b) to (e) of section 7 , the person shall continue as a member of the Commission until the reports of the Commission have been presented unless the Minister by order directs that the person’s successor in office or the appropriate person referred to in subsection (2) shall be a member of the Commission.
(4) Subject to subsections (1), (2) and (3), a Constituency Commission may act notwithstanding vacancies in its membership.
Report of Constituency Commission.
9.—(1) As soon as may be after the establishment of a Constituency Commission, and, in any event, not later than six months after such establishment, the Commission shall present to the Chairman of the Dáil—
(a) a report containing the recommendations of the Commission in relation to the constituencies for the election of members to the Dáil and any alteration of those constituencies which the Commission considers appropriate, and
(b) a report containing the recommendations of the Commission in relation to the constituencies for the election of representatives to the European Parliament and any alteration of those constituencies which the Commission considers appropriate.
(2) A report of a Constituency Commission under this section may indicate that, in the opinion of the Commission having regard to subsection (2) or (3) of section 6 , no alteration is required to be made in the constituencies to which the report relates.
(3) Upon the presentation by a Constituency Commission of the reports to be presented under this section, the Commission shall stand dissolved.
(4) As soon as may be after the receipt of a report of a Constituency Commission, the Chairman of the Dáil shall cause such report to be laid before each House of the Oireachtas.
Constituency Commission to invite and consider submissions.
10.—(1) A Constituency Commission shall, as soon as may be after its establishment, give public notice of its intention to make a report relating to—
(a) the constituencies for the election of members to the Dáil, and
(b) the constituencies for the election of representatives to the European Parliament.
(2) (a) As soon as may be after its establishment, a Commission shall prepare—
(i) a statement setting out the relevant provisions of the Constitution in relation to Dáil constituencies to which the Commission is required to have regard in preparing a report under section 6 (1) (a), and
(ii) statements based on the population as ascertained by the Census of Population last taken before the establishment of the Commission showing, for the constituencies for the time being in force for Dáil and European elections, in relation to each constituency—
(I) the number of members or representatives, as the case may be;
(II) the population of the constituency;
(III) the population per member or representative, as the case may be, of the constituency; and
(IV) the percentage variation of population per member or representative, as the case may be, of the constituency from the national average population per member or representative.
(b) The Commission shall furnish, on request, to any person a copy of the statements referred to in paragraph (a).
(3) The public notice referred to in subsection (1) shall indicate that—
(a) the statements prepared by the Commission under subsection (2) may be obtained on request from the Commission,
(b) any person may make a submission to the Commission in such manner and within such period as shall be specified in the notice, and
(c) submissions received by the Commission within the period specified in the notice referred to in paragraph (b) may be inspected at such place and during such period as shall be specified in the notice and that a copy thereof or of extracts therefrom may be taken on payment of a fee not exceeding the reasonable cost of copying.
(4) The Commission shall consider every submission made to it in accordance with such notice.
(5) The submissions received by the Commission under this section shall be open to public inspection at such time and place and under such conditions as may be specified by the Commission and the Commission shall permit a copy thereof or of extracts therefrom to be taken on payment of a fee not exceeding the reasonable cost of copying.
(6) The Commission shall dispose of all money received by it in respect of fees under subsection (5) in such manner as may be directed by the Minister for Finance.
Staff of and assistance to Constituency Commission.
11.—(1) The Minister shall make available to a Constituency Commission such services, including the services of staff, as may reasonably be required by the Commission.
(2) The Director General of the Central Statistics Office and the Director of Ordnance Survey shall, on a request being made in that behalf, provide free of charge to a Constituency Commission such assistance as the Commission may reasonably require for the purpose of the performance of its function.
Expenses of Constituency Commission.
12.—The reasonable expenses of a Constituency Commission, including the travelling and other expenses of the members of the Commission shall, subject to such conditions as the Minister with the consent of the Minister for Finance may determine be paid out of moneys provided by the Oireachtas.
Procedure of Constituency Commission.
13.—Subject to the provisions of this Act, a Constituency Commission shall regulate its own procedure.
Prohibition on disclosure of information.
14.—(1) No person shall, without the consent of a Constituency Commission, disclose to any person any information obtained while serving as (or during service as) a member of the Commission or as a person whose services are made available to the Commission under section 11 relative to the business of the Commission or the performance of the function of the Commission.
(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.
Prohibition of certain communications.
15.—(1) Subject to the provisions of section 10 , it shall not be lawful for any person to communicate with the members of or staff whose services are made available to a Constituency Commission under section 11 for the purposes of influencing the Commission in carrying out its functions.
(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.
PART III
Payments to Political Parties and Reimbursement of Election Expenses of Candidates
“Qualified party”.
16.—In this Part “qualified party” means a political party in respect of which each of the following conditions is fulfilled—
(a) the party is registered in the Register of Political Parties in accordance with section 25 of the Act of 1992 as a party organised (within the meaning of subsection (2)(a) of that section) in the State to contest a Dáil election; and
(b) the total first preference votes obtained by candidates whose candidatures were authenticated by the party at the last preceding general election expressed as a percentage of total first preference votes obtained by all candidates at that election was not less than two per cent.
Payments to qualified parties.
17.—(1) Subject to the provisions of this Part, payments shall be made out of the Central Fund or the growing produce thereof to each qualified party which applies therefor.
(2) (a) The aggregate of the payments which may be made to qualified parties in any twelve monthly period under this Part shall not, subject to paragraph (b), exceed one million pounds.
(b) (i) Whenever, on or after the passing of this Act, there is a general increase of remuneration in the civil service with effect from a particular date, pursuant to agreements or arrangements having effect on a general basis in the civil service (whether or not they also apply in relation to persons employed other than in the civil service), the aggregate of the payments which may be made under this section shall be increased correspondingly with effect from that date.
(ii) In this paragraph “civil service” has the meaning assigned to it by the Civil Service Regulation Act, 1956 .
(3) The amount payable to qualified parties under subsection (2) shall be allocated to each qualified party in the same proportion as the total number of first preference votes obtained by every candidate of each such qualified party at the preceding general election bears to the total number of first preference votes obtained by candidates of all qualified parties at that election.
(4) As soon as may be after the declaration of the result of a general election is completed in each constituency, the Minister shall furnish to the Public Offices Commission and the Minister for Finance, in writing:
(a) particulars of the total percentage of first preference votes obtained at the election by candidates of each party referred to in section 16 calculated in accordance with paragraph (b) of the said section,
(b) the name of each candidate elected, and
(c) the name of each candidate who was not elected to whom the greatest number of votes credited at any stage of the counting of votes at the election exceeds one quarter of the quota,
as ascertained from the copy of the notice furnished to the Minister under section 127 (2) of the Act of 1992.
(5) Every payment made under this Part to a qualified party shall be exempt from income tax and shall not be reckoned in computing the income for the purposes of the Income Tax Acts of such party.
Application by qualified parties of payments under this part.
18.—(1) (a) A qualified party which receives payments under this Part shall, subject to guidelines issued by the Public Offices Commission pursuant to section 4 , apply such payments to any or all of the following purposes, namely—
(i) the general administration of the party,
(ii) research, education and training,
(iii) policy formulation, and
(iv) the co-ordination of the activities of the branches and members of the party.
(b) Payments made to a qualified party under this Part shall be deemed to include provision in respect of expenditure by the party in relation to the promotion of participation by women and young persons in political activity.
(2) A payment made to a qualified party under section 19 shall not be applied to, or to recoup, election expenses incurred at an election within the meaning of the Electoral Acts, 1992 to 1997, the Presidential Elections Acts, 1993 to 1997, the European Parliament Elections Acts, 1992 to 1997, the Seanad (Electoral) (University Members) Acts, 1937 to 1973, the Seanad Electoral (Panel Members) Acts, 1947 to 1972, the Local Elections Acts, 1974 to 1997 or the Údarás na Gaeltachta Act, 1979 or on furthering any particular outcome at a referendum within the meaning of the Referendum Acts, 1992 and 1994.
Making of payments.
19.—(1) Subject to subsections (2), (3) and (4), payments under this section shall be made by the Minister for Finance in quarterly instalments in arrears.
(2) (a) The first payment under this section shall not be made until not less than three months have elapsed after the coming into operation of this Part.
(b) Payments made under this section, calculated in accordance with section 17 , after the date on which this Part comes into operation shall apply from the said date and such payments so calculated shall continue to be made in respect of the period up to and including the day before polling day at the general election held next after the said date.
(c) Payments made under this section after the general election next held after the coming into operation of this Part and each subsequent general election shall apply from polling day at such election and such payments, calculated in accordance with section 17 , shall continue to be made in respect of the period up to and including the day before polling day at the general election held next after the first-mentioned polling day.
(3) Where, on a dissolution of the Dáil, the period between the end of the quarter in respect of which payments were last made or due to be made before such dissolution and the polling day at the general election occasioned by such dissolution is a period of less than a quarter, the payments due to qualified parties for such period, calculated accordingly, shall be made to such qualified parties for such period.
(4) No payment shall be made under this section after the thirtieth day of April in any year (other than the year in which this Part comes into operation) unless and until the statement and the report of the auditor referred to in section 20 and the donation statement and statutory declaration referred to in section 24 as respect the party concerned for the preceding year have been received by the Public Offices Commission and the said Commission has furnished a copy thereof to the Minister for Finance and certified to the said Minister that the said statement and report, and the said donation statement and statutory declaration were completed in accordance with guidelines issued by the Commission under section 4 and comply with the provisions of this Part and Part IV , respectively.
Party to furnish statement regarding payments.
20.—(1) As soon as may be after the end of a year in which payments are made to a qualified party under this Part, the appropriate officer of the party shall furnish to the Public Offices Commission a statement in writing, in the form directed by the Commission, signed by the officer, stating that the payments were applied to some or all of the purposes referred to in section 18 (1) and indicating the matters to which the payments were applied, including the amounts applied to the promotion of participation, respectively, by women and young persons in political activity.
(2) The appropriate officer of the party shall cause the statement referred to in subsection (1) to be audited by a public auditor and, in furnishing the statement to the Public Offices Commission, shall attach thereto the relevant report of the auditor.
(3) The Public Offices Commission shall cause a copy of each statement and auditor’s report furnished to it under this section to be laid before each House of the Oireachtas and shall furnish a copy thereof to the Minister for finance.
(4) In this section “public auditor” means a public auditor for the purposes of the Industrial and Provident Societies Acts, 1893 to 1978, and the Friendly Societies Acts, 1896 to 1977.
Reimbursement of election expenses of candidates.
21.—(1) (a) Subject to paragraphs (b), (c) and (d), election expenses shall be reimbursed to a candidate at a Dáil general election or bye-election who—
(i) is elected at the election; or
(ii) is not so elected but the greatest number of votes credited to him or her at any stage of the counting of votes at the election exceeds one quarter of the quota.
(b) (i) The amount of election expenses which may be reimbursed to a candidate under this section shall be the actual expenses incurred by the candidate or five thousand pounds, whichever is the less.
(ii) Election expenses deemed to have been incurred by a candidate of a political party under section 32 (1)(b) shall be reckoned for the purposes of this section.
(c) Subject to paragraph (d), payments in respect of the reimbursement of election expenses under this section shall be made by the Minister for Finance out of the Central Fund or the growing produce thereof to each candidate referred to in paragraph (a) who applies therefor to the Public Offices Commission.
(d) No payment in respect of the reimbursement of election expenses of a candidate shall be made under this section unless and until the Public Offices Commission has—
(i) certified to the Minister for Finance that the relevant statement of election expenses and statutory declaration have been furnished by the election agent of the candidate to the Commission under section 36 ,
(ii) certified to the said Minister that the said statement was completed in accordance with guidelines issued by the Commission under section 4 , and complies with the provisions of Part V , and
(iii) furnished to the Minister for Finance details of the amount of the actual expenses incurred by the candidate.
(e) The Public Offices Commission shall furnish to the Minister for Finance, as soon as may be after consideration by it of an application for reimbursement of election expenses under paragraph (c) and the statement of election expenses furnished to it in respect of the candidate under section 36 , the details referred to in paragraph (d) in respect of each candidate who is eligible for reimbursement of election expenses at an election.
(f) (i) Where a candidate referred to in paragraph (a) dies after the close of the poll at an election and has not made an application for the reimbursement of election expenses under this section, an application for the reimbursement of the said candidate’s election expenses may be made by, and where appropriate, the payment may be made to, the personal representative of the candidate.
(ii) Where a candidate referred to in paragraph (a) dies after making an application for the reimbursement of election expenses under this section and before payment is made to the candidate, payment in respect of the reimbursement of the said candidate’s expenses may be made to the personal representative of the candidate.
(g) Every payment made to a candidate, or the personal representative of a candidate, as the case may be, under this section shall not be liable to income tax.
(2) (a) The Minister may make regulations providing for the reimbursement of election expenses of candidates at a presidential election or a European election and may make provisions corresponding to the provisions of this section subject however to any modification in those provisions appearing to the Minister to be appropriate.
(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision for all or any of the following matters:
(i) the criteria for the reimbursement of election expenses to candidates;
(ii) the amount of expenses which may be reimbursed;
(iii) the method of payment in respect of the reimbursement of such expenses; and
(iv) the procedure in relation to the reimbursement of election expenses where a candidate dies.
(3) Where regulations under this section are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.
(4) In this section the expression “election expenses”, insofar as it relates to Dáil or European elections, has the meaning assigned to it in section 31 and, insofar as it relates to presidential elections, has the meaning assigned to it in section 52 .
PART IV
Disclosure of Donations
Interpretation (Part IV).
22.—(1) In this Part “subsidiary organisation” means, in relation to any political party, a body or association which—
(a) forms part of such political party, or
(b) is established by or under the constitution of the political party, or
(c) is effectively controlled by the political party or the officers thereof, or
(d) has functions conferred on it by or under the constitution of the party.
(2) For the purposes of this Part—
(a) “donation” means any contribution given for political purposes by any person, whether or not a member of a political party, to a political party, a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election and includes all or any of the following, namely—
(i) a donation of money,
(ii) a donation of property or goods,
(iii) conferring the right to use, without payment or other consideration, indefinitely or for a specified period of time, any property or goods,
(iv) the supply of services without payment or other consideration therefor,
(v) the difference between the commercial price and the price charged for the purchase, acquisition or use of property or goods or the supply of any service where the price, fee or other consideration is less than the commercial price, or
(vi) in the case of a contribution made by a person in connection with an event organised for the purpose of raising funds for a political party, a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election, the proportion attributable to that contribution of the net profit, if any, deriving from the event;
(b) each of the following shall be deemed not to be a donation—
(i) free postage provided for a candidate under rule 22 of the Second Schedule to the Act of 1997 or section 57 of the Act of 1992 or the said section 57 as applied to Seanad elections by section 25 of the Seanad Electoral (University Members) Act, 1937 ,
(ii) any payment, service or facility provided to a person out of public funds or moneys provided by an institution of the European Communities or other intergovernmental organisation to which the State is a party (whether pursuant to this Act, the Oireachtas (Allowances to Members) Acts, 1938 to 1996, the Ministerial and Parliamentary Offices Acts, 1938 to 1996, the European Assembly (Irish Representatives) Act, 1979 , or otherwise) by virtue of being a member of either House of the Oireachtas, a holder of a qualifying office (within the meaning of the Ministerial and Parliamentary Offices Acts, 1938 to 1996), the holder of a position referred to in the Oireachtas (Allowances to Members) (Amendment) Act, 1994, a representative in the European Parliament, a political party, a political group or any group of members in the Dáil, the holder of an elective or other public office or a member of, delegate to or representative in a body established by or under an agreement or arrangement to which the State is a party,
(iii) benefits derived from services rendered by an individual, including the use of the individual’s motor vehicle, on behalf of a political party, a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad, European or local election where the said service is gratuitous and is not part of that individual’s work carried out under a contract of employment or, where the person is self employed, in the course of the person’s business or the practice of the person’s profession,
(iv) the publication in a newspaper, magazine or other periodical publication or the broadcast on radio or television of news, reports, articles, features, editorial or other comments, including the publication of letters to the editor, where such publication or broadcast is effected in the same manner as that of other material relating to issues of public interest or concern, and the newspaper, magazine or other periodical publication is not published for the purpose of promoting the interests of a political party or a member of either House of the Oireachtas or a representative in the European Parliament or a candidate at a Dáil, Seanad or European election,
(v) the transmission on radio or television of a broadcast on behalf of a political party or a candidate at a Dáil or European election;
(c) a donation, whether made directly or through any intermediary, shall be deemed to be made—
(i) to a political party if it is made to the party, to any branch or subsidiary organisation thereof, to any candidate of the party at a Dáil, Seanad, European or local election, to any member of the party who is a member of either House of the Oireachtas or a local authority or a representative in the European Parliament or to any officer, member or agent of the party or of any branch or subsidiary organisation thereof,
(ii) to a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election if it is made to the member, representative or candidate concerned or to any agent or other person acting for the said member, representative or candidate,
and any reference to a donation or the acceptance thereof shall be construed accordingly;
(d) where a person makes more than one donation—
(i) in the same year to the same political party, member of either House of the Oireachtas or representative in the European Parliament, or
(ii) in relation to the same Dáil, Seanad or European election to the same candidate,
all such donations shall, for the purposes of section 24 , be aggregated and treated as a single donation.
Anonymous donations.
23.—(1) A political party, a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election shall not, directly or through any intermediary, accept a donation exceeding £100 in value unless the name and address of the person by or on whose behalf the donation is made are known to the party, member, representative or candidate, as the case may be.
(2) Where, notwithstanding subsection (1), a donation, acceptance of which is prohibited by that subsection, is made to a political party, a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election, the party, member, representative or candidate concerned shall, not later than 14 days after the receipt of such donation, notify the Public Offices Commission in writing of such receipt and remit the donation or the value thereof to the said Commission.
(3) The Public Offices Commission shall cause a copy of each notification received under subsection (2) to be laid before each House of the Oireachtas and shall dispose of all moneys, property or goods received under the said subsection in such manner as may be directed by the Minister for Finance.
Donation statement.
24.—(1) (a) Not later than the 31st day of January in every year, each person who, in the preceding year, was a member of either House of the Oireachtas or a representative in the European Parliament shall furnish to the Public Offices Commission a written statement, in the form directed by the said Commission, in respect of the preceding year indicating whether during that year the member or representative, as the case may be, received a donation exceeding in value the relevant amount specified in subsection (4) and stating in respect of each such donation (if any)—
(i) the value of the donation, and
(ii) the name, description and postal address of the person by or on whose behalf the donation was made.
(b) Not later than the 31st day of March in every year, each political party shall furnish to the Public Offices Commission a written statement, in the form directed by the said Commission, in respect of the preceding year indicating whether during that year the party received a donation exceeding in value the relevant amount specified in subsection (4) and stating in respect of each such donation (if any)—
(i) the value of the donation, and
(ii) the name, description and postal address of the person by or on whose behalf the donation was made.
(2) (a) Not later than the fifty sixth day after the polling day at a Dáil or European election in a constituency, each candidate at the election who was not elected at such election shall furnish to the Public Offices Commission a written statement, in the form directed by the said Commission, indicating whether in relation to the election the candidate received a donation exceeding in value the relevant amount specified in subsection (4) including in the case of a candidate at a Dáil election, donations received in relation to that election at any time before the issue of the writ or writs in relation to the election and, in the case of a candidate at a European election, donations received at any time before the date of the order appointing polling day at the election and furnishing in respect of each such donation the information referred to at subparagraphs (i) and (ii) of paragraph (a) of subsection (1).
(b) Not later than the fifty sixth day after the relevant day on which the poll is closed at a Seanad election, each candidate at the election who was not elected at such election shall furnish to the Public Offices Commission a written statement, in the form directed by the said Commission, indicating whether in relation to the election the candidate received a donation exceeding in value the relevant amount specified in subsection (4) including donations received before the date of the order appointing days and times at a Seanad general election under section 12 of the Seanad Electoral (University Members) Act, 1937 , or a Seanad general election order made under section 24 of the Seanad Electoral (Panel Members) Act, 1947 , or the date of a Seanad bye-election order under either such Act, as the case may be, and furnishing in respect of each such donation the information referred to at subparagraphs (i) and (ii) of paragraph (a) of subsection (1).
(3) A statement furnished pursuant to subsection (1) or (2) (to be known, and is referred to in this Act, as a “donation statement”) shall be accompanied by a statutory declaration made by the person by whom the statement is furnished that, to the best of the person’s knowledge and belief, the statement is correct in every material respect and that the person has taken all reasonable action in order to be satisfied as to the accuracy of the statement.
(4) The specified amount for the purposes of this section shall be, as respects a political party, £4,000, and as respects any other person, £500.
(5) In the case of a political party, the donation statement shall be furnished and the statutory declaration shall be made by the appropriate officer of the party.
(6) It shall be the duty of every person who is required by this section to furnish a donation statement and make a declaration to make such enquiries and maintain such records as are necessary for the purpose of furnishing the said statement and making the declaration.
(7) (a) The Public Offices Commission shall cause a copy of each donation statement and declaration furnished in pursuance of this section to be laid before each House of the Oireachtas.
(b) On or before the first day of May in each year, the Public Offices Commission shall inform the Minister for Finance, in writing, whether a donation statement in respect of the preceding year has been received from a qualified party.
Offences and penalties (Part IV).
25.—(1) The appropriate officer of a political party or the person deemed to have been appointed as the appropriate officer under section 71 , a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election who was not elected at the election shall be guilty of an offence if he or she—
(a) fails to notify the Public Offices Commission in accordance with section 23 of the receipt of a donation acceptance of which is prohibited by that section,
(b) fails to remit to the Public Offices Commission in accordance with the said section 23 such a donation or the value thereof,
(c) fails to furnish the donation statement and make the statutory declaration required by section 24 on or before the relevant specified date, or
(d) knowingly furnishes a donation statement or makes a statutory declaration which is false or misleading in any material respect.
(2) Where a person is guilty of an offence under this section—
(a) the person shall be liable on summary conviction to a fine not exceeding £1,000,
(b) the person shall be liable, where the offence is an offence referred to in subsection (1)(d), on conviction on indictment to a fine not exceeding £20,000 or, at the discretion of the court, to imprisonment for a period not exceeding 3 years or to both such fine and such imprisonment, and
(c) where the conviction relates to failure to furnish a donation statement under section 24 , the person shall be guilty of a further offence on every day on which the failure continues after such conviction and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding £100.
(3) Proceedings for an offence under this Part shall not be instituted except by or with the consent of the Director of Public Prosecutions.
Disclosure of donations by companies, trade union, etc.
26.—(1) There shall be included in—
(a) the report by the directors of a company under section 158 of the Companies Act, 1963 , and the annual return under section 125 or 126, as may be appropriate, of that Act,
(b) the annual return to be made to the Registrar of Friendly Societies by a trade union (within the meaning of the Trade Union Acts, 1871 to 1990) or a society registered under the Industrial and Provident Societies Acts, 1893 to 1978, or the Friendly Societies Acts, 1896 to 1977, and
(c) the report of a building society (within the meaning of the Building Societies Act, 1989 ) under section 78 of that Act,
particulars of all donations (within the meaning of section 22 or 46 or regulations made under section 72 ) exceeding £4,000 in value made by the company, trade union, society or building society, as the case may be, in the year to which the report or return relates, including particulars sufficient to identify—
(a) the value of each such donation, and
(b) the person to whom the donation was made.
(2) For the purposes of this section—
(a) “company” has the same meaning as in the Companies Acts, 1963 to 1990;
(b) all donations made by the company, trade union, society or building society, as the case may be, to the same person in the year to which the report or return relates shall be aggregated and treated as a single donation;
(c) in the case of a contribution of the kind referred to in subsection (2)(a)(vi) of section 22 or subsection (2)(a)(vi) of section 46 regard shall be had to the gross value thereof.
PART V
Expenditure by Political Parties and Candidates at Dáil Elections and European Elections
Interpretation (Part V).
27.—In this Part—
“candidate” means, as the context may require, a candidate at a Dáil election or a European election;
“notice of the poll”, as the context may require, has the meaning assigned to it in rule 49 of the Second Schedule to the Act of 1997 or section 87 of the Act of 1992;
“returning officer” means, as the context may require, a returning officer at a Dáil election or a European election.
Appointment of national agent and election agent.
28.—(1) (a) Before incurring any election expenses at an election, each political party which authenticates the candidature of a candidate at the election shall appoint for the purposes of this Part an agent, in this Act referred to as a “national agent”, and shall, not later than the last day for receiving nominations at the election, notify in writing the name of the said national agent and the address of the office of the agent to the Public Offices Commission.
(b) Nothing in this section shall be construed as prohibiting the appointment by a political party of a candidate at an election as the national agent.
(2) (a) Before incurring any election expenses at an election, each candidate shall appoint an agent (in this Act referred to as an “election agent”) for the purposes of this Part and shall, not later than the last day for receiving nominations at the election, notify in writing the name of the election agent and the address of the office of the agent to the returning officer for the constituency.
(b) A candidate may appoint himself or herself as election agent, and shall, on so doing, so far as circumstances permit, be subject to the provisions of this Part both as a candidate and as an election agent and, except where the context otherwise requires, any reference in this Part to an election agent shall be construed as including a reference to the candidate acting as election agent.
(3) (a) Where a political party referred to in subsection (1) has not, before the latest time for withdrawal of candidature at an election, notified the name of the national agent and the address of the agent’s office to the Public Offices Commission, the appropriate officer appointed, or deemed to have been appointed, under section 71 , shall be deemed to be the national agent of the party, the party shall be deemed to have revoked the appointment of any other person as the national agent and the provisions of this Part shall apply to the said officer in the same manner as they apply to a national agent.
(b) Where a candidate has not, before the latest time for the withdrawal of candidature, notified the returning officer for the constituency of the name of the election agent appointed by the candidate and the address of the office of the agent, the candidate shall be deemed to have appointed himself or herself as election agent and to have revoked the appointment of any other person as such agent and the candidate shall be subject to the provisions of this Part as a candidate and as an election agent.
(4) (a) A political party may, at any time, revoke the appointment of a national agent made by it under this section.
(b) A candidate may at any time, revoke the appointment of an election agent appointed by the candidate under this section.
(5) (a) If, before the relevant statement of election expenses has been furnished to the Public Offices Commission in accordance with section 36 , the appointment of a national agent or an election agent is revoked, or a person appointed as such national agent or election agent dies, resigns or is otherwise unable to act, another national agent or election agent, as the case may be, shall be appointed forthwith by the political party or candidate concerned.
(b) (i) Where a candidate who has appointed himself or herself as election agent dies before a statement of election expenses has been furnished by him or her in accordance with section 36 , the personal representative of the candidate may appoint another election agent in respect of the candidate.
(ii) The personal representative of a candidate referred to in subparagraph (i) may appoint himself or herself as election agent in respect of that candidate.
(c) The provisions of this section shall have effect in relation to an appointment under this subsection and a national agent or election agent so appointed shall be subject to the provisions of this Part in the same manner as an agent appointed otherwise under this section.
(6) (a) As soon as may be after receipt of notification of the appointment of a national agent by a political party, pursuant to subsection (1) or (5) or where, in the absence of such notification an appointment is deemed to have been made, the Public Offices Commission shall publish in the Iris Oifigiúil the name of the national agent appointed or deemed to have been appointed, as the case may be, under this section, the party by whom the agent was appointed, or deemed to have been appointed, and the address of the office of the agent.
(b) As soon as may be after receipt of notification of the appointment of an election agent pursuant to subsection (2) or (5), or where in the absence of such notification an appointment is deemed to have been made, the returning officer for a constituency shall notify the Public Offices Commission in writing and publish notice of the name of the election agent appointed, or deemed to have been appointed, by a candidate, the name of the candidate by whom the agent is appointed, or deemed to have been appointed, as the case may be, and the address of the office of the agent.
(7) Subparagraph (a) of paragraph (1) of Rule 24 of the Second Schedule to the Act of 1997 is hereby repealed and every reference in the said Act to an election agent shall be construed as a reference to the election agent appointed under this section by the candidate concerned.
(8) Rule 24 of the Second Schedule to the Act of 1997 is hereby amended by the substitution of the following paragraph for paragraph (5)—
“(5) The name and address of every agent appointed under this Rule (whether originally or substitutionally) shall immediately after the appointment be communicated by the person by whom the appointment was made to the local returning officer.”.
(9) Subsection (1) of section 59 of the Act of 1992 is hereby repealed and every reference in the said Act to an election agent shall be construed as a reference to the election agent appointed under this section by the candidate concerned.
(10) In subsection (3) of section 59 of the Act of 1992, the words “an election agent may be revoked by the candidate and the appointment of” are hereby deleted.
Office of agent.
29.—(1) The national agent of a political party shall have in the State an office or place to which claims, notices, writs, summonses and other documents may be sent.
(2) The election agent of a candidate shall have an office or place in or convenient to the constituency to which claims, notices, writs, summonses and other documents may be sent.
(3) Any claim, notice, writ, summons or document delivered at the office or place of the national agent of a political party or the election agent of a candidate and addressed to such agent shall be deemed to have been served on the agent and every such national agent or election agent, as the case may be, may in respect of any matter connected with the election be sued in any court having competent jurisdiction at the place where the office of the agent is situate.
Making of contracts through agent.
30.—(1) A contract (including a contract of employment and whether in writing or otherwise) by which any election expenses at an election exceeding £500 in value are incurred by or on behalf of—
(a) a political party pursuant to section 32 (1) (b) or 33 (1)(b), shall be made by the national agent of the party and shall not be enforceable against the said party or the said agent unless so made; and
(b) a candidate at the election (other than election expenses deemed under section 32 (1)(b)(ii) or 33 (1)(b)(ii) to be election expenses incurred by that candidate), shall be made by the election agent of the candidate and shall not be enforceable against the said candidate or agent unless so made.
(2) Nothing in this section shall prejudice the right of any person who is a party to a contract to recover from any other such person any moneys, property, goods or services due to the first-mentioned person on foot of such contract.
Expenses and payments at election.
31.—(1) (a) In this Part, subject to paragraph (b), “election expenses” means all expenditure incurred in connection with an election in order—
(i) to promote or oppose, directly or indirectly, the interests of a political party or a political group formed in accordance with the rules of procedure of the European Parliament, or to present the policies or a particular policy of a political party or a political group or the comments of a political party or a political group on the policy or policies of another political party or political group or of a candidate at the election; or
(ii) to promote or oppose, directly or indirectly, the election of a candidate at the election or to solicit votes for or against a candidate or to present the policies or a particular policy of a candidate or the views of a candidate on any matter connected with the election or the comments of a candidate on the policy or policies of a political party or a political group or of another candidate at the election; or
(iii) otherwise to influence the outcome of the election;
and shall be deemed to include all expenditure incurred in the taking of an opinion poll or other similar survey relating to an election within the period of 60 days before polling day at the election by or on behalf of a political party, a political group or a candidate at the election.
(b) The following shall be deemed not to be election expenses for the purposes of this Part—
(i) the payment by or on behalf of a candidate of the deposit under section 13 of the Act of 1997 or section 47 of the Act of 1992, as may be appropriate;
(ii) expenditure on the purchase of copies of the register of electors or parts thereof;
(iii) the reasonable living expenses of a candidate or any person or persons working on behalf of the candidate on a voluntary basis;
(iv) any sum disbursed by any individual out of the individual’s own resources for any minor expenses lawfully incurred in relation to the election if the said sum is not repaid to the person;
(v) any of the matters referred to in paragraph (b) of subsection (2) of section 22 ;
(vi) expenses incurred in the provision of property, goods or services used at an election where such property, goods or services was or were provided in respect of a previous election and the cost of providing such property, goods or services was included in the statement of election expenses furnished to the Public Offices Commission in relation to the said previous election by the national agent of the party or election agent of the candidate, as the case may be.
(2) Where property, goods or services are provided to a political party or a candidate at an election without payment or other consideration therefor or at a price which is less than the commercial price, the provision of the property, goods or services shall be deemed to be an election expense and the property, goods or services shall be deemed to have been provided at the commercial price and shall be accounted for accordingly by the national agent or election agent, as the case may be, in the statement to be furnished under section 36 to the Public Offices Commission.
(3) All election expenses incurred and all payments made by or on behalf of a political party or by or on behalf of a candidate, including election expenses so incurred or payments so made, in the case of a Dáil election, at any time before the issue of the writ or writs in relation to the election, and, in the case of a European election, at any time before the date of the order appointing the polling day at the election, for the provision of property, goods or services for use at the election, shall be reckoned for the purpose of this Part and shall be included in the statement to be furnished to the Public Offices Commission under section 36 .
(4) No election expenses shall be incurred at an election and no payment, advance or deposit shall be made in respect of such election expenses—
(a) on behalf of a political party, other than by the national agent of that party, and
(b) on behalf of a candidate (other than election expenses deemed under section 32 (1)(b)(ii) or 33 (1)(b)(ii) to be election expenses incurred by that candidate), other than by the election agent of that candidate.
(5) In subsection (4), “national agent” and “election agent” shall be construed as including a person or persons authorised for the purpose of subsection (4) by the said national agent or election agent, as the case may be, and any expenditure incurred or payment made by such person or persons shall be subject to limits which shall be specified in such authorisation.
(6) Where any election expenses (within the meaning of this Part) are incurred at an election by a body which—
(a) was established by or on behalf of a political party or a candidate for the purposes of incurring election expenses or making payments in respect of such expenses or for any of the purposes referred to in subsection (1)(a), or
(b) is a member of or is a branch or subsidiary organization (within the meaning of section 22 (1)) of a political party, or
(c) is effectively controlled by a political party or by a candidate or is or appears to be so connected with or associated with a political party or candidate that a reasonable person would believe that it is controlled or substantially influenced by that political party or candidate,
such expenses shall be deemed to have been incurred on behalf of the party or candidate concerned and shall be accounted for accordingly by the relevant agent and the provisions of this Part shall apply in relation thereto.
(7) Before incurring any expenses at an election a person (other than the national agent of a political party or the election agent of a candidate or a person authorised by any such agent for the purpose of subsection (4)) who proposes to incur election expenses (within the meaning of this Part), shall furnish to the Public Offices Commission in writing—
(a) the name, address and description of the person proposing to incur the expenses,
(b) a statement of the nature, purpose and estimated amount of such expenses, and
(c) an indication of the person’s connection, if any, with any party or candidate at the election.
(8) Where, notwithstanding the provisions of section 28 (1) and (2), election expenses are incurred by or on behalf of a political party or a candidate at an election before the appointment by the party or the candidate of a national agent or an election agent, as the case may be, the political party or candidate shall furnish to the relevant agent details of such expenses, together with all relevant vouchers, and such election expenses shall be deemed to be expenses incurred by the national agent or election agent, as the case may be.
(9) Every payment of election expenses made pursuant to this Part shall, where the said payment exceeds £100, be supported by a voucher stating the particulars of the transaction to which it relates.
(10) The publisher of a newspaper, magazine or other periodical publication shall not publish any advertisement or notice in relation to an election purporting to promote or oppose, directly or indirectly, the interests of a political party or a candidate at that election at the request of any person other than the national agent of a political party or a person authorised in writing by such agent, or a candidate at the election or the election agent of such candidate, or a person authorised in writing by such candidate or agent, unless the person produces to the said publisher a certificate from the Public Offices Commission that that person has complied with the provisions of subsection (7) in relation to that election.
(11) This section shall not be construed to prevent or restrict the lawful publication of any matter in relation to an election in a newspaper or other publication or the broadcast of such matter by radio or television or the lawful expression of opinion on any matter of public interest by any person.
Limitation of election expenses at Dáil election.
32.—(1) (a) The aggregate of election expenses which may be incurred by or on behalf of a candidate in connection with his or her candidature at a Dáil election shall not exceed—
(i) in the case of a constituency returning three members, £14,000;
(ii) in the case of a constituency returning four members, £17,000; and
(iii) in the case of a constituency returning five members, £20,000.
(b) (i) Where a political party authenticates the candidature of a candidate at a Dáil election, the party may incur such proportion not exceeding fifty per cent, of the amount of the election expenses which that candidate is entitled to incur at that election under paragraph (a), as may be agreed in writing between the party and the candidate concerned.
(ii) The election expenses which a political party may incur under subparagraph (i) may relate to expenditure in the constituency concerned or otherwise, and the said election expenses shall be deemed for the purposes of paragraph (a) to be expenses incurred by that candidate.
(2) Subject to subsection (1)(b)(i), the aggregate of election expenses which may be incurred by the national agent of a political party on behalf of that party at a Dáil election shall be the sum of the amounts of election expenses agreed in writing pursuant to subsection (1)(b)(i) between the party and candidates whose candidatures were authenticated by the party at the election.
Limitation of election expenses at European election.
33.—(1) (a) The aggregate of election expenses which may be incurred by or on behalf of a candidate in connection with his or her candidature at a European election shall not exceed the relevant amount specified for the constituency by the Minister by order under this section.
(b) (i) Where a political party authenticates the candidature of a candidate at a European election, the party may incur such proportion not exceeding fifty per cent, of the amount of the election expenses which that candidate is entitled to incur at that election under an order under this subsection, as may be agreed in writing between the party and the candidate concerned.
(ii) The election expenses which a political party may incur under subparagraph (i) may relate to expenditure in the constituency concerned or otherwise, and the said election expenses shall be deemed for the purposes of paragraph (a) to be expenses incurred by that candidate.
(2) Subject to subsection (l)(b)(i), the aggregate of election expenses which may be incurred by the national agent of a political party on behalf of that party at a European election shall be the sum of the amounts of election expenses agreed in writing pursuant to subsection (1)(b)(i) between the party and candidates whose candidatures were authenticated by the party at the election.
(3) Where an order under this section is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each House.
Period for making claims relating to election expenses.
34.—Notwithstanding anything contained in any other enactment, every claim in respect of election expenses against the national agent of a political party, the election agent of a candidate or a person referred to in section 31 (7) which is not delivered to the agent or person concerned on or before the forty fifth day after the polling day at the election, shall not be paid and shall not be enforceable against the said agent or person.
Disputed claims relating to election expenses.
35.—If the national agent of a political party, the election agent of a candidate or a person referred to in section 31 (7) disputes any claim delivered to the agent or person concerned within the period allowed for delivery of such claims under section 34 , the person by whom the claim is made may apply to a court of competent jurisdiction for an order for payment of the claim and the court may, on being satisfied that the claim should be paid, make an order for payment and specify the amount which is payable.
Statement in relation to election expenses.
36.—(1) (a) The national agent of a political party, the election agent of a candidate and every person who incurs election expenses under section 31 (7) shall, within the fifty six days next following the polling day at an election, furnish to the Public Offices Commission a statement in writing of all election expenses (whether paid or not) incurred by such agent or person in relation to the election and the several matters to which such expenses relate, together with all relevant vouchers.
(b) The national agent of a political party shall include in the statement of election expenses furnished by him or her under paragraph (a):
(i) details of the election expenses incurred by the said agent pursuant to section 32 (1) (b) or 33 (1)(b), as may be appropriate;
(ii) the name of each candidate whose candidature was authenticated by the party at that election and in respect of whom election expenses are deemed to have been incurred by the said agent under section 32 (1)(b)(ii) or 33 (1)(b)(ii), as may be appropriate, and the constituency in which each such candidate was a candidate at the election; and
(iii) the amount of election expenses (if any) agreed in writing pursuant to section 32 (1)(b)(i) or 33 (1)(b)(i), as may be appropriate, between the party and each such candidate and the amount of election expenses incurred by the said agent pursuant to section 32 (1)(b)(i) or 33 (1)(b)(i), as may be appropriate, in respect of each such candidate.
(c) The election agent of a candidate whose candidature was authenticated by a political party at the election shall include in the statement of election expenses furnished by him or her under paragraph (a) the amount of election expenses agreed in writing pursuant to section 32 (1)(b)(i) or 33 (1)(b)(i), as may be appropriate, between the candidate and such party.
(d) Each statement furnished under this subsection shall include particulars of all disputed claims, if any, and all claims, if any, received after the day referred to in section 34 .
(2) Each statement of election expenses furnished under subsection (1) shall be in the form directed by the Public Offices Commission and shall be accompanied by a statutory declaration made by the agent or person by whom the statement is furnished that, to the best of the knowledge and belief of the agent or person concerned, the statement is correct in every material respect and that the agent or person has taken all reasonable action in order to be satisfied as to the accuracy of the statement.
(3) Where, after the statement of election expenses is furnished under subsection (1), an order for payment of a claim is made by a court under section 35 the national agent, election agent or person referred to in section 31 (7), as the case may be, shall, not later than 7 days after the date of the order of the court, furnish to the Public Offices Commission a copy of the said order together with a statement of the sum payable under the order.
(4) It shall be the duty of every agent and person who is required by this section to furnish a statement of election expenses and make a declaration to make such enquiries and maintain such records as are necessary for the purpose of furnishing the statement and making the declaration.
(5) Where a candidate standing nominated at an election dies—
(a) in any of the circumstances referred to in subsection (1), (2) or (3) of section 62 of the Act of 1992, or in paragraph (1), (2) or (3) of Rule 27 of the Second Schedule to the Act of 1997, as the case may be, or
(b) after the close of poll at the election and before a statement of election expenses has been furnished to the Public Offices Commission in respect of that candidate,
the election agent of the said candidate shall, notwithstanding the death of the candidate, furnish a statement of the election expenses of the candidate in accordance with this section.
(6) This section shall apply to an agent appointed under section 28 (5)(b), subject to the proviso that the statement of election expenses to be furnished by the said agent shall be furnished to the Public Offices Commission within the 56 days next following polling day at the election or as soon as practicable after the expiration of that period.
Laying of copy of statement of election expenses before each House of Oireachtas.
37.—(1) Subject to subsection (2), as soon as may be after the receipt of a statement of election expenses and a statutory declaration furnished pursuant to section 36 , the Public Offices Commission shall cause a copy of the said statement and declaration together with a copy of any relevant court orders to be laid before each House of the Oireachtas.
(2) Where an error or omission in a statement of election expenses is corrected or made good, as the case may be, in accordance with section 4 (2), the Public Offices Commission shall cause a copy of the said statement as so corrected to be laid before each House of the Oireachtas.
Relief for non-compliance with Part V .
38.—(1) In any legal proceedings arising from the provisions of this Part, where in the case of—
(a) a political party, the national agent of the said party fails to furnish to the Public Offices Commission a statement of election expenses or any part of such statement or a statutory declaration in accordance with section 36 or there is an error, omission or false or misleading statement therein,
(b) a candidate at an election, the election agent of such candidate fails to furnish to the Public Offices Commission a statement of election expenses or any part of such statement or a statutory declaration in accordance with section 36 or there is an error, omission or false or misleading statement therein,
(c) the national agent of a political party or the election agent of a candidate, such agent fails to furnish to the Public Offices Commission a statement of election expenses or any part of such statement or a statutory declaration which he or she was required to furnish under section 36 or there is an error, omission or false or misleading statement therein, or
(d) a person referred to in section 31 (7), the person fails to furnish to the Public Offices Commission a statement of election expenses or any part of such statement or a statutory declaration which the person was required to furnish under section 36 or there is an error, omission or false or misleading statement therein,
the following provisions shall apply.
(2) Where it is shown to the court that the failure, error, omission or false or misleading statement arose—
(a) due to the illness of a party to the proceedings,
(b) where a party to the proceedings is a political party, due to the death, illness, absence or misconduct of the national agent of such political party or of any employee of such agent,
(c) where a party to the proceedings is a candidate, due to the death, illness, absence or misconduct of his or her election agent or of any employee of such agent,
(d) where a party to the proceedings is the national agent of a political party or the election agent of a candidate, due to the death, illness, absence or misconduct of any person who had previously been such agent, or of any employee of the party to the proceedings,
(e) where a party to the proceedings is a person referred to in section 31 (7), due to the death, illness, absence or misconduct of any employee of such person, or
(f) due to inadvertence or other reasonable cause not involving negligence on the part of such party to the proceedings, or the contravention, knowingly, by such party of the provisions of this Part,
and was not due to any lack of bona fides on the part of such party to the proceedings and where the proceedings are based wholly or partly on the grounds of misconduct on the part of any person, such misconduct was without the approval or knowledge of such party to the proceedings and such party took all reasonable action to prevent such misconduct, the court may, on application to it by such party, on being satisfied that it is appropriate so to do, make such order granting relief for the failure, error, omission or false or misleading statement the subject of the proceedings as it considers reasonable.
(3) Without prejudice to the generality of subsection (2)—
(a) where it is proved to the court by a political party that—
(i) any act or omission of the national agent of the party in relation to the statement of election expenses furnished by him or her was without the approval or knowledge of the political party, and
(ii) the political party took all reasonable action to prevent the act or omission,
the court shall relieve the political party from the consequences of the act or omission of the national agent,
(b) where it is proved to the court by a candidate that—
(i) any act or omission of the election agent of such candidate in relation to the statement of election expenses furnished by the agent was without the approval or knowledge of the candidate, and
(ii) the candidate took all reasonable action to prevent the act or omission,
the court shall relieve the candidate from the consequences of the act or omission of his or her agent.
(4) An order under subsection (2)—
(a) shall relieve the political party, candidate, agent or person, as the case may be, the subject of the proceedings from any liability or consequences under this Act or the provisions of the Electoral Acts, 1992 to 1997,
(b) may make the granting of the relief conditional on the furnishing of a statement of election expenses in a modified form or within an extended period of time and subject to compliance with such other conditions as seem proper to the court in order to give effect to the provisions of this Part.
Power of court to require information from agent.
39.—(1) Where, in dealing with legal proceedings referred to in section 38 , it appears to the court that any person who is, or has been, the national agent of a political party or the election agent of a candidate at an election has refused or failed to furnish a statement of election expenses, or to furnish the particulars necessary to enable the provisions of this Part in relation to the furnishing of the statement of election expenses to be complied with, the court may, before making an order under the said section 38 , order that person to attend before it.
(2) Unless a person referred to in subsection (1) shows cause to the contrary, the court may order that person:
(a) to furnish the statement of election expenses to the Public Offices Commission, or
(b) to furnish such particulars in the possession or procurement of that person as may be required for the purpose of furnishing such statement, as the court thinks fit, within such period, to such person and in such manner as it directs, and may require that person to provide such explanation of such particulars as the court directs.
Excess expenditure.
40.—Without prejudice to the operation of section 43 ,—
(a) where the aggregate of election expenses incurred or deemed to have been incurred by the national agent of a political party exceed the relevant amount calculated in accordance with section 32 or 42 , as the case may be, or an order made under section 33 (1) the Minister for Finance shall, on the recommendation of the Public Offices Commission, deduct an amount equal to such excess from any amount which may be payable or become payable to the party under Part III ;
(b) where the total of the election expenses incurred or deemed to have been incurred by the election agent of a candidate at an election (other than election expenses deemed under section 32 (1) (b) (ii) or 33 (1) (b) (ii) to be election expenses incurred by that candidate) exceeds the relevant amount calculated in accordance with section 32 or 42 , as the case may be, or an order made under section 33 (1) the Minister for Finance shall, on the recommendation of the Public Offices Commission, deduct an amount equal to such excess from any sum which may be payable or become payable as a reimbursement of election expenses to the said member under section 21 or regulations made under subsection (2) of that section.
Provisions relating to fresh election.
41.—(1) Where a fresh election is held in a constituency under section 62 or 63 of the Act of 1992 or Rule 27 of the Second Schedule to the Act of 1997, the original election shall be deemed to have been an election for the purposes of this Part and the provisions of this Part including section 36 shall be complied with in relation to the original election by the national agent of a political party and by the agent of each surviving candidate, as may be appropriate.
(2) The limits on election expenses at the fresh election for surviving candidates and candidates nominated at the fresh election shall be the relevant amount specified in section 32 (1)(a), or in an order under section 33 (1)(a), as the case may be.
Provisions where polls at Dáil election and European election are taken on same day.
42.—(1) Where the polls at a Dáil election and a European election are taken on the same day, the following subsections shall have effect.
(2) In case a candidate at the European election in a European Parliament constituency is also a candidate at the Dáil election in a Dáil constituency situate within the said European Parliament constituency—
(a) the candidate shall appoint the same person as election agent under section 28 in respect of the European Parliament constituency and the Dáil constituency concerned;
(b) the aggregate of election expenses which may be incurred on behalf of the candidate at the elections shall not exceed the amount specified in an order made by the Minister under subsection (1) of section 33 in respect of election expenses of a candidate at a European election, together with three quarters of the amount specified in subsection (1)(a) of section 32 appropriate to the Dáil constituency (having regard in each case to section 3 );
(c) a single statement of the election expenses incurred by the election agent of the said candidate in relation to the European election and the Dáil election shall be furnished to the Public Offices Commission under section 36 .
(3) In case a political party authenticates the candidature of a candidate at the European election in a European Parliament constituency and also authenticates the candidature of that person as a candidate at the Dáil election in a Dáil constituency situate within the said European Parliament constituency—
(a) the party shall appoint the same person to be the national agent of the party under section 28 for both elections;
(b) the provisions of subsection (1)(b) of section 32 and subsection (1)(b) of section 33 shall apply in relation to expenditure at the said elections by the said political party in respect of the said constituencies;
(c) a single statement of the election expenses incurred by the national agent of the party in relation to both the Dáil election and the European election shall be furnished to the Public Offices Commission under section 36 .
(4) For the purposes of this section, a Dáil constituency which is not wholly situate in a European Parliament constituency shall, in relation to a candidate referred to in subsection (2) or (3), be deemed to be situate within the European Parliament constituency contested by the candidate if any part of the Dáil constituency concerned is situate within the said European Parliament constituency.
Offences and penalties (Part V).
43.—(1) A person shall be guilty of an offence if, at an election, he or she incurs election expenses, or makes any payment, advance or deposit in respect of such expenses—
(a) on behalf of a political party unless the person is the national agent of the political party concerned or a person authorised by such national agent acting within the limit of such authorisation, or
(b) on behalf of a candidate (other than election expenses deemed under section 32 (1)(b)(ii) or 33 (1)(b)(ii) to be election expenses incurred by that candidate) unless the person is the election agent of the candidate or a person authorised by such agent acting within the limit of such authorisation.
(2) The national agent of a political party or the election agent of a candidate shall be guilty of an offence if at an election the said agent—
(a) directly or through any other person incurs election expenses in excess of the relevant amount calculated in accordance with section 32 or 42 or an order made under section 33 (1)(b), as may be appropriate, or
(b) in contravention of section 34 pays any claim in respect of election expenses, or
(c) fails to furnish to the Public Offices Commission, within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to section 36 , or
(d) furnishes to the Public Offices Commission a statement of election expenses which, to the agent’s knowledge, is false or misleading in a material respect, or
(e) fails otherwise to comply with the provisions of section 36 .
(3) A person to whom section 31 (7) applies shall be guilty of an offence if at an election he or she—
(a) fails to notify the Public Offices Commission in accordance with that subsection of his or her intention to incur election expenses, or
(b) fails to furnish to the Public Offices Commission, within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to section 36 , or
(c) furnishes to the Public Offices Commission a statement of election expenses which, to the person’s knowledge, is false or misleading in a material respect, or
(d) fails otherwise to comply with section 36 .
(4) A person shall be guilty of an offence if he or she publishes in a newspaper, magazine or other periodical publication of which he or she is publisher an advertisement or notice in relation to an election purporting to promote or oppose the interests of a political party or a candidate at that election at the request of any person other than the national agent of a political party, or a person authorised in writing by such agent or a candidate at the election or the election agent of such candidate, or a person authorised in writing by such candidate or agent, unless that person produces to the said publisher a certificate from the Public Offices Commission referred to in section 31 (10).
(5) Where a person is guilty of an offence under this section—
(a) the person shall be liable on summary conviction to a fine not exceeding £1,000,
(b) the person shall be liable, where the offence is an offence referred to in subsection (2) (d) or (3) (c), on conviction on indictment to a fine not exceeding £20,000 or, at the discretion of the court, to imprisonment for a period not exceeding 3 years or to both such fine and such imprisonment, and
(c) where the conviction relates to failure to furnish a statement of election expenses under section 36 , the person shall be guilty of a further offence on every day on which the failure continues after such conviction and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding £100.
(6) It shall be a defence to a prosecution under subsection (2) (a) to show that a person did not know and could not reasonably have known that he or she incurred election expenses above the specified limit.
(7) Proceedings for an offence under this Part shall not be instituted except by or with the consent of the Director of Public Prosecutions.
Dáil election petition.
44.—The Act of 1992 is hereby amended—
(a) by the insertion of the following subsection after subsection (5) of section 132:
“(5A) A Dáil election shall not be declared invalid because of a non-compliance with any provision of Part V of the Electoral Act, 1997 or mistake in the use of forms provided for in that Act, or in any regulation or order made under that Act, where it appears to the court that a candidate or party, as the case may be, complied with the principles laid down in that Part of that Act taken as a whole and that such non-compliance or mistake did not materially affect the result of the election.”;
(b) by the substitution of the following paragraphs for paragraphs (1) and (2) of Rule 3 of the Third Schedule:
“(1) Subject to paragraph (3), a petition shall not be presented to the High Court unless that court, on application made to it in that behalf by or on behalf of the person proposing to present it not later than fourteen days after the result of the Dáil election is declared by the returning officer, by order grants leave to the person to do so.
(2) The High Court shall not grant leave under paragraph (1) to present a petition unless it is satisfied—
(a) that there is prima facie evidence of a matter referred to in section 132 in relation to which the petition questions the election result concerned, and
(b) that the said matter is such as to affect materially the result of the election.
(2A) A petition shall be presented by being lodged in the Central Office of the High Court not later than three days after the grant of leave by the High Court under paragraph (1).”;
(c) by the substitution for “the petition may be presented within the twenty-eight” of “leave of the High Court to present a petition under paragraph (1) may be applied for not later than fourteen” in paragraph (3) of Rule 3 of the Third Schedule; and
(d) by the insertion of the following paragraph after paragraph (3) of Rule 3 of the Third Schedule:
“(3A) Where a petition alleges an irregularity or noncompliance with any provision of Part V of the Electoral Act, 1997 whether before or after the result of the Dáil election was declared by the returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, leave of the High Court to present a petition under paragraph (1) may be applied for not later than fourteen days next after the laying of a copy of a statement of election expenses before each House of the Oireachtas in accordance with section 37 of the Electoral Act, 1997”.
European election petition.
45.—Section 21 of the Act of 1997 is hereby amended:
(a) by the substitution in paragraph (a) of subsection (2) for “7” of “fourteen”;
(b) by the substitution in paragraph (b) of subsection (2) for “seven” of “fourteen”;
(c) by the insertion of the following paragraph after paragraph (b) of subsection (2):
“(bb) Where a petition alleges an irregularity or non-compliance with any provision of Part V of the Electoral Act, 1997 whether before or after the result of the European election was declared by the returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, leave of the High Court to present a petition under paragraph (a) may be applied for not later than fourteen days next after the laying of a copy of a statement of election expenses before each House of the Oireachtas in accordance with section 37 of the Electoral Act, 1997.”; and
(d) by the insertion of the following paragraph after paragraph (b) of subsection (8):
“(bb) A European election shall not be declared invalid because of a non-compliance with any provision of Part V of the Electoral Act, 1997 or mistake in the use of forms provided for in that Act, or in any regulation or order made under that Act, where it appears to the court that a candidate or party, as the case may be, complied with the principles laid down in that Part of that Act taken as a whole and that such non-compliance or mistake did not materially affect the result of the election.”.
PART VI
Donations and Election Expenses at Presidential Election
Interpretation (Part VI).
46.—(1) In this Part—
“person” shall include an individual, a body corporate and an unincorporated body of persons (including a political party) and a body corporate and any subsidiary thereof shall be deemed to be one person;
“political party” means a political party registered in the Register of Political Parties in accordance with section 25 of the Act of 1992 as a party organised to contest a Dáil election or a European election or a local election or all or any combination of such elections.
(2) For the purposes of this Part—
(a) “donation” means any contribution given by any person to a candidate at a presidential election for the purpose of promoting the election of the candidate at the presidential election, and includes all or any of the following, namely—
(i) a donation of money,
(ii) a donation of property or goods,
(iii) conferring the right to use, without payment or other consideration, indefinitely or for a specified period of time, any property or goods,
(iv) the supply of services without payment or other consideration therefor,
(v) the difference between the commercial price and the price charged for the purchase, acquisition or use of property or goods, or the supply of any service where the price, fee or other consideration is less than the commercial price, or
(vi) in the case of a contribution made by a person in connection with an event organised for the purpose of raising funds for a candidate at a presidential election, the proportion attributable to that contribution of the net profit, if any, deriving from the event;
(b) each of the following shall be deemed not to be a donation—
(i) free postage provided for a candidate under section 32 of the Act of 1993,
(ii) any payment, service or facility provided to a candidate out of public funds or moneys provided by an institution of the European Communities or other intergovernmental organisation to which the State is a party (whether pursuant to this Act, the Presidential Establishment Acts, 1938 to 1991, the Oireachtas (Allowances to Members) Acts, 1938 to 1996, the Ministerial and Parliamentary Offices Acts, 1938 to 1996, the European Assembly (Irish Representatives) Act, 1979 , or otherwise) by virtue of being a former or the retiring President, a member of either House of the Oireachtas, the holder of a qualifying office (within the meaning of the Ministerial and Parliamentary Offices Acts, 1938 to 1996), the holder of a position referred to in the Oireachtas (Allowances to Members) (Amendment) Act, 1994, a representative in the European Parliament, the holder of an elective or other public office or a member of, delegate to or representative in a body established by or under an agreement or arrangement to which the State is a party,
(iii) benefits derived from services rendered by an individual on behalf of a candidate at a presidential election, including the use of the individual’s motor vehicle, where the said service is gratuitous and is not part of that individual’s work carried out under a contract of employment or, where the person is self employed, in the course of the person’s business or the practice of the person’s profession,
(iv) the publication in a newspaper, magazine or other periodical publication or the broadcast on radio or television of news, reports, articles, features, editorial or other comments, including the publication of letters to the editor, where such publication or broadcast is effected in the same manner as that of other material relating to issues of public interest or concern, and the newspaper, magazine or other periodical publication is not published for the purpose of promoting the interests of a candidate at a presidential election,
(v) the transmission on radio or television free of charge of a broadcast on behalf of a candidate;
(c) a donation, whether made directly or through any intermediary, shall be deemed to be made to a candidate at a presidential election if it is made to the candidate concerned or to any agent or other person acting for the said candidate and any reference to a donation or the acceptance thereof shall be construed accordingly;
(d) where a person makes more than one donation to the same candidate in relation to the same presidential election, all such donations shall, for the purposes of section 48 , be aggregated and treated as a single donation.
Anonymous donations to presidential candidate.
47.—(1) A candidate at a presidential election shall not, directly or through any intermediary, accept a donation exceeding £100 in value unless the name and address of the person by or on whose behalf the donation is made are known to the candidate.
(2) Where, notwithstanding subsection (1), a donation, acceptance of which is prohibited by that subsection, is made to a candidate at a presidential election, the election agent of the candidate concerned shall, in the statement to be furnished under section 48 , include particulars of such donation and shall, at the same time as the statement under section 48 is furnished, remit the donation or the value thereof to the Public Offices Commission.
(3) The Public Offices Commission shall dispose of all moneys, property or goods received under subsection (2) in such manner as may be directed by the Minister for Finance.
Presidential election donation statement.
48.—(1) Not later than the fifty sixth day after the polling day at a presidential election, the presidential election agent of each candidate at the election shall furnish to the Public Offices Commission a written statement, in the form directed by the said Commission, to be known, and is referred to in this Part, as a “presidential election donation statement”, indicating whether, in relation to the election, the candidate received a donation exceeding £500 in value including donations received at any time before the date of the order appointing polling day at the election and stating in respect of each such donation (if any)—
(a) the value of the donation, and
(b) the name, description and postal address of the person by or on whose behalf the donation was made.
(2) A statement furnished pursuant to subsection (1) shall be accompanied by a statutory declaration made by the presidential election agent concerned that, to the best of the agent’s knowledge and belief, the statement is correct in every material respect and that the agent has taken all reasonable action in order to be satisfied as to the accuracy of the statement.
(3) It shall be the duty of the presidential election agent to make such enquiries and maintain such records as are necessary for the purpose of furnishing the said statement and making the declaration.
Orders (Part VI).
49.—(1) The Minister may make orders for the purposes of this Part and may, by order, amend or revoke an order made under this Part including an order under this subsection.
(2) Where an order under this Part (including an order under subsection (1)) is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.
Appointment of presidential election agent.
50.—(1) (a) Before incurring any election expenses at a presidential election each candidate at the presidential election shall appoint an agent (in this Part referred to as a “presidential election agent”) for the purposes of this Part and shall, not later than the last day for receiving nominations at the election, notify in writing the name of the said agent and the address of the office of the agent to the presidential returning officer.
(b) A candidate may appoint himself or herself as presidential election agent and, on so doing or on being deemed under this section to have so done, shall, so far as circumstances permit, be subject to the provisions of this Part both as a candidate and as an agent and, except where the context otherwise requires, any reference in this Part to a presidential election agent shall be construed as including a reference to the candidate acting as presidential election agent.
(2) Where a candidate has not, at the time referred to in subsection (1) (a), notified the presidential returning officer of the name of the presidential election agent appointed by the candidate and the address of the agent’s office, the candidate shall be deemed to have appointed himself or herself as presidential election agent and to have revoked the appointment of any other person as such agent.
(3) A candidate may at any time revoke the appointment of a presidential election agent appointed or deemed to have been appointed by the candidate under this section.
(4) (a) If, before the presidential election donation statement and the statement of election expenses have been furnished to the Public Offices Commission in accordance with sections 48 and 56 , respectively, the appointment of a presidential election agent is revoked or the person appointed as such agent dies, resigns or is otherwise unable to act, the candidate shall forthwith appoint another presidential election agent and shall notify in writing the name of the person so appointed and the address of the person’s office to the presidential returning officer.
(b) (i) Where a candidate at a presidential election who has appointed himself or herself as election agent dies before a statement of election expenses has been furnished by him or her in accordance with section 56 , the personal representative of the candidate may appoint another election agent in respect of the candidate.
(ii) The personal representative of a candidate at a presidential election referred to in subparagraph (i) may appoint himself or herself as election agent in respect of that candidate.
(c) The provisions of this section shall apply to a presidential election agent appointed under this subsection.
(5) The presidential returning officer shall as soon as may be notify the Public Offices Commission in writing and give public notice of the name and the address of the office of every presidential election agent appointed or deemed to have been appointed under this section.
(6) A presidential election agent appointed or deemed to have been appointed under this section shall have an office or place in the State to which claims, notices, writs, summonses and other documents relating to the presidential election may be sent.
(7) Any claim, notice, writ, summons or other document delivered to the office or place of a presidential election agent and addressed to the agent shall be deemed to have been served on the agent and the presidential election agent may, in respect of any matter connected with the presidential election, be sued in any court having competent jurisdiction at the place where the said office is situated.
(8) (a) Subsections (1) (a) and (2) (a) of section 33 of the Act of 1993 are hereby repealed and every reference to an election agent in the said Act shall be construed as a reference to a presidential election agent appointed under this section.
(b) The following subsection is hereby substituted for subsection (4) of section 33 of the Act of 1993—
“(4) The person by whom an agent is appointed under this section shall immediately after the appointment give written notice of the appointment and the name and address of the agent to the local returning officer for the constituency concerned.”.
(9) The provisions of this section, insofar as they apply to a presidential election held before the first day of January, 1998, shall have effect in relation to that election as if in subsection (1)(a) “On or before the last day for receiving nominations” was substituted for “Before incurring any election expenses” and “said” was inserted after “not later than the”.
Making of contracts through presidential election agent.
51.—(1) A contract (including a contract of employment and whether in writing or otherwise) by which any election expenses exceeding £500 in value are incurred by or on behalf of a candidate at a presidential election shall be made by the presidential election agent of the candidate and shall not be enforceable against the said candidate or presidential election agent unless so made.
(2) Nothing in this section shall prejudice the right of any person who is a party to a contract to recover from any other such person any moneys, property, goods or services due to the first-mentioned person on foot of such contract.
Expenses and payments at presidential election.
52.—(1) (a) In this Part, subject to paragraph (b), “election expenses” means all expenditure incurred in connection with a presidential election in order to promote or oppose, directly or indirectly, the election of a candidate or to solicit votes for or against a candidate or to present the policies or a particular policy of a candidate or the views of a candidate on any matter connected with the election or the comments of a candidate on the policy or policies of another candidate at the presidential election, or otherwise to influence the outcome of the election and shall be deemed to include all expenditure incurred in the taking of an opinion poll or other similar survey relating to a presidential election within the period of 60 days before polling day at the election by or on behalf of a candidate at the election.
(b) The following shall be deemed not to be election expenses for the purposes of this Part—
(i) expenditure on the purchase of copies of the register of electors or parts thereof;
(ii) the reasonable living expenses of the candidate or any person or persons working on behalf of the candidate on a voluntary basis;
(iii) any sum disbursed by any individual out of the individual’s own resources for any minor expenses lawfully incurred in relation to the presidential election if the said sum is not repaid to the person;
(iv) any of the matters referred to in paragraph (b) of subsection (2) of section 46 .
(2) Where property, goods or services are provided to a candidate at a presidential election without payment or other consideration therefor or at a price which is less than the commercial price, the provision of the property, goods or services shall be deemed to be an election expense and the property, goods or services shall be deemed to have been provided at the commercial price and shall be accounted for accordingly by the presidential election agent in the statement to be furnished under section 56 to the Public Offices Commission.
(3) All election expenses incurred and all payments made by or on behalf of a candidate at a presidential election, including election expenses so incurred or payments so made at any time before the date of the presidential election order, for the provision of property, goods or services for use at the election, shall be reckoned for the purpose of this Part and shall be included in the statement to be furnished to the Public Offices Commission under section 56 .
(4) No election expenses shall be incurred at a presidential election and no payment, advance or deposit shall be made in respect of such election expenses on behalf of a candidate at the presidential election other than by the presidential election agent of the candidate or such person or persons authorised for this purpose by the said presidential election agent and subject to limits regarding expenditure and payment which shall be specified in such authorisation.
(5) Where any election expenses (within the meaning of this Part) are incurred at a presidential election by a body which—
(a) is a political party which supports the candidature of a candidate, or
(b) was established by or on behalf of a candidate, or by or on behalf of a political party which supports the candidature of the candidate, for the purpose of incurring election expenses or making payments in respect of such expenses or for any of the purposes referred to in subsection (1) (a), or
(c) is a member of or is a branch or subsidiary organisation (within the meaning of section 22 (1)) of a political party which supports the candidature of the candidate, or
(d) is effectively controlled by the candidate or a political party which supports the candidature of the candidate or is or appears to be so connected with or associated with the candidate or a political party which supports the candidature of the candidate that a reasonable person would believe that it is controlled or substantially influenced by the candidate or political party,
such expenses shall be deemed to have been incurred on behalf of the candidate concerned and shall be accounted for accordingly by the presidential election agent of the candidate and the provisions of this Part shall apply in relation thereto.
(6) Before incurring any expenses at a presidential election a person (other than the presidential election agent of a candidate or a person authorised by such agent for the purposes of subsection (4)) who proposes to incur election expenses (within the meaning of this Part), shall furnish to the Public Offices Commission in writing—
(a) the name, address and description of the person proposing to incur the expenses,
(b) a statement of the nature, purpose and estimated amount of such expenses, and
(c) an indication of the person’s connection, if any, with any candidate or with any political party which supports the candidature of a candidate at the election.
(7) Where, notwithstanding the provisions of section 50 (1) (a), election expenses are incurred by or on behalf of a candidate at a presidential election before the appointment by the candidate of an election agent, the candidate shall furnish to the relevant agent details of such expenses, together with all relevant vouchers, and such election expenses shall be deemed to be expenses incurred by the election agent.
(8) Every payment of election expenses made pursuant to this Part shall, where the said payment exceeds £100, be supported by a voucher stating the particulars of the transaction to which it relates.
(9) The publisher of a newspaper, magazine or other periodical publication shall not publish any advertisement or notice in relation to a presidential election purporting to promote or oppose, directly or indirectly, the interests of a candidate at that election at the request of any person other than a candidate at the election or the election agent of such candidate, or a person authorised in writing by such candidate or agent, unless the person produces to the said publisher a certificate from the Public Offices Commission that that person has complied with the provisions of subsection (6) in relation to that election.
(10) This section shall not be construed to prevent or restrict the lawful publication of any matter in relation to a presidential election in a newspaper or other publication or the broadcast of such matter by radio or television or the lawful expression of opinion on any matter of public interest by any person.
Limitation of presidential election expenses.
53.—(1) The aggregate of election expenses which may be incurred by or on behalf of a candidate at a presidential election in connection with his or her candidature shall not exceed the amount specified for this purpose by the Minister by order under this section.
(2) In specifying the aggregate of election expenses which may be incurred by or on behalf of a candidate at a presidential election the Minister shall have regard to the limits on the aggregate of election expenses applying under section 32 (1) (a) and to any change in the consumer price index since the coming into force of such limits applying at the date of the said order.
(3) For the purposes of this section, “change in the consumer price index” means the difference between the consumer price index number last published before the date of the order under this section and the said number last published before the date of the coming into force of the limits on election expenses applying at Dáil elections at the date of the said order, expressed as a percentage of the last-mentioned number.
Period for making claims in relation to presidential election expenses.
54.—Notwithstanding anything contained in any other enactment, every claim in respect of election expenses against the presidential election agent of a candidate at a presidential election or a person referred to in section 52 (6) which is not delivered to the agent or person concerned on or before the forty fifth day after the polling day at the election shall not be paid and shall not be enforceable against the said election agent or person.
Disputed claims in relation to presidential election expenses.
55.—If the presidential election agent of a candidate at a presidential election or a person referred to in section 52 (6) disputes any claim delivered to the agent or person concerned within the period allowed for the delivery of such claims under section 54 , the person by whom the claim is made may apply to a court of competent jurisdiction for an order for payment of the claim and the court may, on being satisfied that the claim should be paid, make an order for payment and specify the amount which is payable.
Statement in relation to presidential election expenses.
56.—(1) The presidential election agent of a candidate at a presidential election and every person who incurs election expenses under section 52 (6) shall, within the fifty six days next following the polling day at the presidential election furnish to the Public Offices Commission a statement in writing of all election expenses (whether paid or not) incurred by the agent or person at the election and the several matters to which such expenses relate, together with all relevant vouchers.
(2) Each statement of election expenses furnished under subsection (1) shall be in the form directed by the Public Offices Commission and shall be accompanied by a statutory declaration made by the presidential election agent or person by whom the statement is furnished that, to the best of the knowledge and belief of the agent or person concerned, the statement is correct in every material respect and that the agent or person has taken all reasonable action in order to be satisfied as to the accuracy of the statement.
(3) Where, after the statement of election expenses is furnished under this section, an order for payment of a claim is made by a court under section 55 the presidential election agent or person referred to in section 52 (6) shall, not later than 7 days after the date of the order of the court, furnish to the Public Offices Commission a copy of the said order together with a statement of the sum payable under the order.
(4) It shall be the duty of every presidential election agent and person who is required by this section to furnish a statement of election expenses and make a declaration to make such enquiries and maintain such records as are necessary for the purpose of furnishing the statement and making the declaration.
Laying of copy of documents before each House of Oireachtas.
57.—(1) Subject to subsection (2), as soon as may be after the receipt of a statement—
(a) in relation to donations under section 48 , or
(b) of election expenses under section 56 ,
the Public Offices Commission shall cause a copy of the said statement to be laid before each House of the Oireachtas, together with, in the case of a statement referred to in paragraph (a), a copy of the statutory declaration referred to in section 48 (2), and, in the case of a statement referred to in paragraph (b), a copy of the statutory declaration referred to in section 56 and any relevant court orders.
(2) Where an error or omission in a statement of election expenses is corrected or made good, as the case may be, in accordance with section 4 (2), the Public Offices Commission shall cause a copy of the said statement as so corrected to be laid before each House of the Oireachtas.
Relief for non-compliance with Part VI .
58.—(1) In any legal proceedings arising from the provisions of this Part, where in the case of—
(a) a candidate at a presidential election, the election agent of the candidate fails to furnish to the Public Offices Commission a statement of election expenses or any part of such statement or a statutory declaration which he or she was required to furnish under section 56 or there is an error, omission or false or misleading statement therein,
(b) the election agent of a candidate at a presidential election, such agent fails to furnish to the Public Offices Commission a statement of election expenses or any part of such statement or a statutory declaration which he or she was required to furnish under section 56 or there is an error, omission or false or misleading statement therein, or
(c) a person referred to in section 52 (6), the person fails to furnish to the Public Offices Commission a statement of election expenses or any part of such statement or a statutory declaration which the person was required to furnish under section 56 , or there is an error, omission or false or misleading statement therein,
the following provisions shall apply.
(2) Where it is shown to the court that the failure, error, omission or false or misleading statement arose:
(a) due to the illness of a party to the proceedings,
(b) where a party to the proceedings is a candidate at the presidential election, due to the death, illness, absence or misconduct of his or her election agent or of any employee of such agent,
(c) where a party to the proceedings is the election agent of a candidate at the presidential election, due to the death, illness, absence or misconduct of any person who had previously been such agent, or of any employee of the agent,
(d) where a party to the proceedings is a person referred to in section 52 (6), due to the death, illness, absence or misconduct of any employee of the person, or
(e) due to inadvertence or other reasonable cause not involving negligence on the part of such party to the proceedings, or the contravention, knowingly, by such party of the provisions of this Part,
and was not due to any lack of bona fides on the part of such party to the proceedings and where the proceedings are based wholly or partly on the grounds of misconduct on the part of any person, such misconduct was without the approval or knowledge of such party to the proceedings and such party took all reasonable action to prevent such misconduct, the court may on application to it by such party, on being satisfied that it is appropriate so to do, make such order granting relief for the failure, error, omission or false or misleading statement the subject of the proceedings, as it considers reasonable.
(3) Without prejudice to the generality of subsection (2), where it is proved to the court by a candidate that:
(a) any act or omission of the election agent of such candidate in relation to the statement of election expenses furnished by him or her was without the approval or knowledge of the candidate, and
(b) the candidate took all reasonable action to prevent the act or omission,
the court shall relieve the candidate from the consequences of the act or omission of his or her agent.
(4) An order under subsection (2)—
(a) shall relieve the candidate, agent or person, as the case may be, the subject of the proceedings from any liability or consequences under this Act, the Act of 1993 or the provisions of the Electoral Acts, 1992 to 1997, as applied to presidential elections,
(b) may make the granting of the relief conditional on the furnishing of a statement of election expenses in a modified form or within an extended period of time and subject to compliance with such other conditions as seem proper to the court in order to give effect to the provisions of this Part.
Power of court to require information from agent.
59.—(1) Where, in dealing with legal proceedings referred to in section 58 , it appears to the court that any person who is, or has been, the election agent of a candidate at a presidential election has refused or failed to furnish a statement of election expenses, or to furnish the particulars necessary to enable the provisions of this Part in relation to the furnishing of the statement of election expenses to be complied with, the court may, before making an order under the said section 58 , order that person to attend before it.
(2) Unless a person referred to in subsection (1) shows cause to the contrary, the court may order that person—
(a) to furnish the statement of election expenses to the Public Offices Commission, or
(b) to furnish such particulars in the possession or procurement of that person as may be required for the purpose of furnishing such statement, as the court thinks fit, within such period, to such person and in such manner as it directs, and may require that person to provide such explanation of such particulars as the court directs.
Provisions relating to fresh presidential election.
60.—(1) Where a fresh presidential election is held under section 31 of the Act of 1993, the original election shall be deemed to have been an election for the purposes of this Part and the provisions of this Part including section 56 shall be complied with in relation to the original election by the election agent of each surviving candidate.
(2) The limits on election expenses at the fresh election for surviving candidates and candidates nominated at the fresh election shall be the relevant amount specified in an order for the time being in force under section 53 (1).
Offences and penalties (Part VI).
61.—(1) A person shall be guilty of an offence if, at a presidential election, the person—
(a) incurs election expenses, or
(b) makes any payment, advance or deposit in respect of such expenses,
on behalf of a candidate at that election, unless the person is the presidential election agent of the candidate at the election or a person authorised by such agent, acting within the limit of such authorisation.
(2) The presidential election agent of a candidate shall be guilty of an offence if at a presidential election the said agent—
(a) directly or through any other person, incurs election expenses in excess of the amount specified in an order for the time being in force under section 53 , or
(b) in contravention of section 54 , pays any claim in respect of election expenses, or
(c) fails to furnish to the Public Offices Commission, within the period specified for this purpose, a statement of election expenses or a statutory declaration under section 56 , or
(d) furnishes to the Public Offices Commission a statement of election expenses which, to the agent’s knowledge, is false or misleading in a material respect, or
(e) fails otherwise to comply with the provisions of section 56 , or
(f) fails to furnish the presidential election donation statement or make the statutory declaration required by section 48 within the period specified in that section, or
(g) knowingly furnishes a presidential election donation statement or makes a statutory declaration under the said section 48 which is false or misleading in any material respect.
(3) A person to whom section 52 (6) applies shall be guilty of an offence if at a presidential election he or she—
(a) fails to notify the Public Offices Commission in accordance with that subsection of his or her intention to incur election expenses, or
(b) fails to furnish to the Public Offices Commission, within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to section 56 , or
(c) furnishes to the Public Offices Commission a statement of election expenses which, to the person’s knowledge, is false or misleading in a material respect, or
(d) fails otherwise to comply with section 56 .
(4) A person shall be guilty of an offence if he or she publishes in a newspaper, magazine or other periodical publication of which he or she is publisher an advertisement or notice in relation to a presidential election purporting to promote or oppose the interests of a candidate at that election at the request of any person other than a candidate or the presidential election agent of a candidate, or a person authorised in writing by such candidate or agent, unless that person produces to the said publisher a certificate from the Public Offices Commission referred to in section 52 (9).
(5) Where a person is guilty of an offence under this section—
(a) the person shall be liable on summary conviction to a fine not exceeding £1,000,
(b) the person shall be liable, where the offence is an offence referred to in subsection 2 (d) or (g) or subsection 3 (c), on conviction on indictment to a fine not exceeding £20,000 or, at the discretion of the court, to imprisonment for a period not exceeding 3 years or to both such fine and such imprisonment, and
(c) where the conviction relates to failure to furnish a presidential election donation statement under section 48 or a statement of election expenses under section 56 , the person shall be guilty of a further offence on every day on which the failure continues after such conviction and for each such offence the person shall be liable on summary conviction, to a fine, not exceeding £100.
(6) It shall be a defence to a prosecution under subsection (2) (a) to show that a person did not know and could not reasonably have known that he or she incurred election expenses above the specified limit.
(7) Proceedings for an offence under this Part shall not be instituted except by or with the consent of the Director of Public Prosecutions.
Presidential election petition.
62.—The Act of 1993 is hereby amended:
(a) by the insertion of the following subsection after subsection (4) of section 57:
“(4A) Where a petition alleges an irregularity or non-compliance with any provision of Part VI of the Electoral Act, 1997 whether before or after the result of the Presidential election was declared by the presidential returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, leave of the High Court to present a petition under subsection (2) may be applied for not later than seven days next after the laying of a copy of a statement of election expenses before each House of the Oireachtas in accordance with section 57 of the Electoral Act, 1997.”; and
(b) by the insertion of the following subsection after subsection (7) of section 57:
“(7A) A presidential election shall not be declared invalid because of a non-compliance with any provision of Part VI of the Electoral Act, 1997 or mistake in the use of forms provided for in that Act, or in any regulation or order made under that Act, where it appears to the court that a candidate complied with the principles laid down in that Part of that Act taken as a whole and that such non-compliance or mistake did not materially affect the result of the election.”.
PART VII
Persons Unable to Vote at Polling Station
Entry of names in postal voters list.
63.—(1) The registration authority shall enter in the postal voters list the name of every elector who, not later than the last date for making claims for correction in the draft register, applies to be so entered and satisfies the registration authority that the circumstances of the elector’s occupation, service or employment 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.
(2) For the purposes of this section “employment” and “service” shall be deemed to include participation by a person on a full time basis on an educational course of study in an educational institution in the State.
Application to be entered in postal voters list.
64.—(1) The following provisions shall apply in relation to an application to be entered in the postal voters list pursuant to section 63 —
(a) the application shall be in the form directed by the Minister;
(b) the application shall be signed by the applicant and completed in accordance with the instructions provided thereon and shall be accompanied by a certificate or a statutory declaration, as the case may require;
(c) the application form, duly completed, and the certificate or declaration shall be delivered or sent by post so as to be received by the registration authority not later than the last date for making claims for corrections in the draft register.
(2) An applicant to be entered in the postal voters list shall furnish to the registration authority in support of the application—
(a) in case the applicant is an employed person, a certificate from the applicant’s employer, or, where the applicant is a person referred to in section 63 (2), a certificate from the registrar, or secretary, as may be appropriate, of the relevant educational institution, in the form directed by the Minister, and
(b) in every other case, a statutory declaration in the form directed by the Minister.
Applicant to provide information or documents.
65.—(1) An applicant to be entered in the postal voters list pursuant to section 63 shall furnish to the registration authority any information or documents in the applicant’s possession or procurement which the authority may require so as to be satisfied that the applicant is a person to whom that section applies.
(2) Whenever a registration authority requires information or documents from an applicant pursuant to subsection (1) the applicant shall furnish the authority with the information or documents within the time (being not less than 7 days from the day on which the request is made) specified in the requirement and, if the applicant does not furnish the required information or, as the case may be, documents within the time so specified, the application shall be deemed to have been withdrawn.
Notices and application forms.
66.—(1) The registration authority shall, within the period of fourteen days ending on the qualifying date for registration as an elector, arrange 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 63 ,
(b) the manner in which, and the time before which, applications must be submitted, and
(c) the times and places at which application forms may be obtained.
(2) The registration authority shall arrange for the provision of application forms at such times and places as are specified in a notice pursuant to subsection (1) and an application form shall be supplied free of charge to any person applying therefor.
Consideration of applications.
67.—(1) Where the registration authority is satisfied that an applicant—
(a) is an elector to whom section 63 applies,
(b) has duly completed the application form, and
(c) has furnished the certificate or, as the case may be, statutory declaration required under section 64 ,
the registration authority shall—
(i) rule that the application is granted and mark the application form accordingly, and
(ii) notify the applicant of the decision.
(2) Where the registration authority is not satisfied that an applicant—
(a) is an elector to whom section 63 applies, or
(b) has duly completed the application form, or
(c) has furnished the certificate or, as the case may be, statutory declaration required under section 64 ,
the registration authority shall—
(i) rule that the application is refused and mark the application form accordingly, and
(ii) notify the applicant of the decision and of the reason therefor.
(3) (a) Subject to paragraph (b), whenever an application is received by a registration authority after the date specified in section 63 , the application shall be disregarded and the applicant shall be notified accordingly.
(b) As respects the year in which this Part comes into operation the Minister may, by order, appoint a date to be the latest date for receiving applications in lieu of the date specified for this purpose in sections 63 and 64 and a period for giving public notice in lieu of the period specified in section 66 and paragraph (a) shall be construed accordingly as respects that year.
Voting by electors referred to in section 63 .
68.—(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 section 63 subject to the following modifications—
(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in a Garda Síochána station in the presence of a member of the Garda Síochána do the following things in the following order—
(i) produce to the member of the Garda Síochána the envelope addressed to the elector pursuant to section 68 of that Act, the ballot paper (in relation to which the member of the Garda Síochána 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 said declaration of identity;
(iii) hand the declaration of identity to the member of the Garda Síochána 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 Garda Síochána station 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 send the last-mentioned envelope 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”; 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 and stamped with the stamp of the Garda Síochána station”.
(2) In this section “ballot paper envelope” and “covering envelope” have the meanings specified in section 68(3) of the Act of 1992.
(3) 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 Act of 1993 and to referenda by section 28 of the Referendum Act, 1994 .
Amendment of Act of 1997.
69.—The Act of 1997 is hereby amended by the insertion of the following Rule after Rule 29 of the Second Schedule:
“Voting by electors referred to in section 63 of the Electoral Act, 1997.
29A.—(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 63 of the Electoral Act, 1997, subject to the following modifications:
(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in a Garda Síochána station in the presence of a member of the Garda Síochána do the following things in the following order—
(i) produce to the member of the Garda Síochána the envelope addressed to the elector pursuant to Rule 32(3), the ballot paper (in relation to which the member of the Garda Síochána 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 said declaration of identity;
(iii) hand the declaration of identity to the member of the Garda Síochána 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 Garda Síochána station 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 send the last-mentioned envelope 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’; 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 and stamped with the stamp of the Garda Síochána station’.
(2) In this Rule ‘ballot paper envelope’ and ‘covering envelope’ shall have the meanings specified in Rule 32(3).”.
Amendment of Local Elections Regulations, 1995.
70.—The Local Elections Regulations, 1995 ( S.I. No. 297 of 1995 ), are hereby amended by the insertion of the following article after article 30:
“Voting by electors referred to in section 63 of the Electoral Act, 1997.
30A.—(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 63 of the Electoral Act, 1997 subject to the following modifications:
(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in a Garda Síochána station in the presence of a member of the Garda Síochána do the following things in the following order—
(i) produce to the member of the Garda Síochána the envelope addressed to the elector pursuant to article 33(3), the ballot paper (in relation to which the member of the Garda Síochána shall establish that it is unmarked) and a form of declaration of identity;
(ii) complete and sign the said declaration of identity;
(iii) hand the declaration of identity to the member of the Garda Síochána 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 Garda Síochána station 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 send the last-mentioned envelope 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’; 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 and stamped with the stamp of the Garda Síochána station’.
(2) In this article ‘ballot paper envelope’ and ‘covering envelope’ shall have the meanings specified in article 33(3).”.
PART VIII
Miscellaneous
Appointment of appropriate officer by political party.
71.—(1) As soon as may be after the coming into operation of this section and from time to time thereafter as circumstances may require, each political party shall appoint an officer, in this Act referred to as “the appropriate officer”, for the purposes of this Part and Parts III , IV and V .
(2) (a) Each political party shall notify the Public Offices Commission of the name and address of the officer appointed under this section.
(b) Each qualified party (within the meaning of Part III ) shall, in addition to complying with paragraph (a), notify the Minister for Finance of the name and address of the officer appointed under this section.
(3) Where at any time no appointment stands made by a political party under this section, the leader of the party shall be deemed to have been appointed as the appropriate officer of that party.
Donations and election expenses at local elections.
72.—(1) The Minister may make regulations providing for the disclosure by members of a local authority and candidates at a local election of donations made to the members or candidates, as the case may be, and the limitation of the election expenses which may be incurred by or on behalf of candidates and political parties at local elections and may make provisions corresponding to the provisions of Parts IV and V subject however to any modifications in those provisions appearing to the Minister to be appropriate.
(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following matters—
(a) furnishing of statements in relation to donations, including anonymous donations;
(b) appointment of agents by political parties and candidates;
(c) making of contracts, incurring of election expenses and making of payments;
(d) limitation of election expenses;
(e) period for making claims relating to election expenses and for payment of such claims;
(f) disputed claims relating to election expenses;
(g) furnishing of statements in relation to election expenses;
(h) consideration by the Public Offices Commission of statements in relation to donations and election expenses;
(i) excess expenditure;
(j) election expenses at a fresh election;
(k) inspection of documents; and
(l) provisions corresponding to sections 25 and 43 with such modifications as appear to the Minister to be appropriate.
(3) Regulations under this section may—
(a) apply to local authorities generally or to a specified class or classes of local authorities; and
(b) contain different provisions in relation to different classes of local authorities.
(4) (a) Provisions in regulations under this section relating to the specification of limits on election expenses shall correspond so far as is appropriate to the provisions relating to limits on election expenses for the time being applying to Dáil elections and, in making such regulations, the Minister shall have regard to any change in the consumer price index since the coming into force of the limits applying to Dáil elections at the date of the making of such regulations.
(b) For the purposes of this subsection, “change in the consumer price index” means the difference between the consumer price index number last published before the date of the making of the regulations under this section and the said number last published before the date of the coming into force of the limits on election expenses at Dáil elections applying at the date of the making of the said regulations, expressed as a percentage of the last-mentioned number.
(5) Where a provision of regulations under this section corresponds to a provision of section 25 or 43 it may provide for penalties not exceeding those provided for in the said section 25 or 43 .
(6) Where regulations under this section are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.
(7) In this section “political party” means a political party registered in the Register of Political Parties in accordance with section 25 of the Act of 1992 as a party organised to contest a local election (whether or not it is also organised to contest other elections).
Inspection of documents furnished to Public Offices Commission.
73.—The Public Offices Commission shall retain at the office of the Commission for a period of 3 years—
(a) every copy of a statement and auditor’s report furnished to it under section 20 ,
(b) every notification furnished under section 23 and every statement and declaration furnished under section 24 or 48 , and
(c) every statement of election expenses and declaration furnished pursuant to section 36 or 56 together with the relevant invoices and receipts and copies of any relevant court orders,
and shall permit any person to inspect such documents, free of charge, and to take a copy thereof or an extract therefrom on payment of a fee not exceeding the reasonable cost of copying, at such times and subject to such conditions as the Commission considers appropriate.
Offences by bodies corporate.
74.—Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent of, or to be attributable to, any neglect on the part of any person being a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, that person as well as the body corporate shall be deemed to be guilty of that offence.
Local election petition.
75.—The Local Elections (Petitions and Disqualifications) Act, 1974 is hereby amended:
(a) by the insertion of the following subsection after subsection (3) of section 4:
“(3A) Where a petition alleges an irregularity or non-compliance with any provision of regulations made under section 72 of the Electoral Act, 1997 whether before or after the result of the local election was declared by the returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, the petition may be presented within the twenty eight days next after the laying of a copy of a statement of election expenses before each House of the Oireachtas as provided for in such regulations.”; and
(b) by the insertion of the following subsection after subsection (1) of section 5:
“(1A) A local election shall not be declared invalid because of a non-compliance with any provision of regulations made under section 72 of the Electoral Act, 1997 or mistake in the use of forms provided for in such regulations, where it appears to the court that a candidate or party, as the case may be, complied with the principles laid down in such regulations taken as a whole and that such non-compliance or mistake did not materially affect the result of the election.”.
Registration of electors.
76.—The Act of 1992 is hereby amended by—
(a) the insertion of the following subsection after subsection (1) of section 15:
“(1A) (a) Notwithstanding subsection (1), sections 7 (1)(b), 8(1)(b), 9 and 10, and Rule 1(3) of the Second Schedule and subject to section 11(1) (a) and paragraph (c), a person who:
(i) was not ordinarily resident in a constituency or local electoral area, as the case may be, on the qualifying date for a register of electors and takes up ordinary residence in such constituency or local electoral area, as the case may be, after such qualifying date and is otherwise entitled to be registered as an elector under section 7, 8, 9 or 10, or
(ii) reaches the age of eighteen years after the date of the coming into force of a register of electors,
may apply to the registration authority to have his name entered in the supplement to the register.
(b) An applicant for entry in the supplement referred to in paragraph (a)(i) shall satisfy the registration authority that he has taken up ordinary residence in the constituency or local electoral area, as the case may be, in respect of which the application applies and, in considering an application from such person, the registration authority may require the applicant to furnish a statutory declaration that he has taken up ordinary residence in the constituency or local electoral area concerned.
(c) A person referred to in paragraph (a)(ii) shall be eligible for entry in the supplement to the register on or after the day on which that person reaches eighteen years of age.”;
(b) (i) the substitution for “twelfth” of “fourteenth” in subsection (5) of section 15; and
(ii) the substitution for “twelfth” of “fourteenth” in Rule 18(1) of the Second Schedule in both places where it occurs;
(c) the insertion of the following sections after section 15:
“Supplement to postal voters list.
15A.—(1) An elector referred to in paragraph (a) or (d) of section 14 or in section 63 of the Electoral Act, 1997 who is not entered in the postal voters list or the special voters list may apply to the registration authority to have his name entered in a supplement to the postal voters list which the registration authority is hereby empowered to prepare and publish.
(2) (a) The provisions of Part III (other than Rules 21 and 23 (3)) of the Second Schedule 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 14(d) as if—
(i) references in that Part to ‘special voters list’ were references to ‘supplement to the postal voters list’;
(ii) the reference to ‘section 17’ was a reference to this section and references to ‘section 17(2)’ were references to ‘section 14(d)’;
(iii) in Rule 19(d) ‘to the registration authority’ was substituted for ‘so as to be received by the registration authority not later than the date specified in Rule 1’; and
(iv) in Rule 22 ‘at such times and places as are specified in a notice published pursuant to Rule 21,’ was deleted.
(b) The provisions of sections 64 , 65 , 66 (other than subsection (1)) and 67 (other than subsection (3)) of the Electoral Act, 1997 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 63 of the said Act as if:
(i) references to ‘postal voters list’ were references to ‘supplement to the postal voters list’;
(ii) references to ‘ section 63 ’, other than those which occur in section 67 , were references to this section;
(iii) in section 64 (1)(c), ‘to the registration authority’ was 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 66 (2), ‘at such times and places as are specified in a notice pursuant to subsection (1)’ was deleted.
(3) A supplement to the postal voters list published by the registration authority under subsection (1) shall be deemed to form part of the postal voters list.
(4) An application by an elector to have his name entered in the supplement to the postal voters list received by the registration authority after the date of the dissolution of the Dáil at a general election or the date of the order appointing polling day at a Dáil bye-election, or a presidential, European or local election or a referendum shall not have effect in relation to that election or referendum.
(5) As soon as practicable after the date of the dissolution of the Dáil at a general election or the date on which the order appointing polling day at a Dáil bye-election, or at a presidential, European or local election or a referendum is made, the registration authority shall publish a list of the names of electors (if any) whose applications to be entered in the supplement to the postal voters list were received before the said date and allowed by the registration authority.
(6) The list prepared under subsection (5) shall form the supplement to the postal voters list.
(7) The supplement to the postal voters list shall be in such form as may be directed by the Minister.
Supplement to special voters list.
15B.—(1) An elector referred to in section 17(2) who is not entered in the special voters list or the postal voters list may apply to the registration authority to have his name entered in a supplement to the special voters list which the registration authority is hereby empowered to prepare and publish.
(2) The provisions of Part III (other than Rules 21 and 23(3)) of the Second Schedule shall apply to an application for entry in the supplement to the special voters list under this section as if:
(a) references in that Part to ‘special voters list’ were references to ‘supplement to the special voters list’;
(b) the reference to ‘section 17’ was a reference to this section;
(c) in Rule 19(d) ‘to the registration authority’ was substituted for ‘so as to be received by the registration authority not later than the date specified in Rule 1’; and
(d) in Rule 22 ‘at such times and places as are specified in a notice published pursuant to Rule 21,’ was deleted.
(3) A supplement to the special voters list published by the registration authority under subsection (1) shall be deemed to form part of the special voters list.
(4) An application by an elector to have his name entered in the supplement to the special voters list received by the registration authority after the date of the dissolution of the Dáil at a general election or the date of the order appointing polling day at a Dáil bye-election, or a presidential, European or local election or a referendum shall not have effect in relation to that election or referendum.
(5) As soon as practicable after the date of the dissolution of the Dáil at a general election, or the date on which the order appointing polling day at a Dáil bye-election, or at a presidential, European or local election or a referendum is made, the registration authority shall publish a list of the names of persons (if any) whose applications to be entered in the supplement to the special voters list were received before the said date and allowed by the registration authority.
(6) The list prepared under subsection (5) shall form the supplement to the special voters list.
(7) The supplement to the special voters list shall be in such form as may be directed by the Minister.”; and
(d) the insertion of the following subparagraph after subparagraph (b) of paragraph (4) of Rule 14 of the Second Schedule:
“(bb) 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 at a referendum.”.
Expenses of returning officers.
77.—(a) The Act of 1992 is hereby amended by the insertion in section 32, after subsection (1), of the following subsection:
“(1A) The Minister for Finance shall, in respect of services and expenses which are not covered by the foregoing subsection, recoup to (or, where appropriate, pay on behalf of) every returning officer out of the Central Fund or the growing produce thereof the officer’s reasonable charges in relation to every Dáil election in respect of which he is the returning officer. For the avoidance of doubt, the expenses which may be recouped under this subsection shall include expenses incurred by a returning officer in being represented at and meeting any damages and costs in legal proceedings (except where the court is satisfied that such officer has been grossly negligent in the discharge of the duties of the office). For the purposes of this subsection ‘legal proceedings’ shall not include the trial of petitions presented in accordance with the provisions of section 132.”.
(b) The Act of 1993 is hereby amended by the insertion in section 11, after subsection (1), of the following subsection:
“(1A) The Minister for Finance shall, in respect of services and expenses which are not covered by the foregoing subsection, recoup to (or, where appropriate, pay on behalf of) every local returning officer out of the Central Fund or the growing produce thereof the officer’s reasonable charges in relation to every presidential election in respect of which he is the local returning officer. For the avoidance of doubt, the expenses which may be recouped under this subsection shall include expenses incurred by a local returning officer in being represented at and meeting any damages and costs in legal proceedings (except where the court is satisfied that such officer has been grossly negligent in the discharge of the duties of the office). For the purposes of this subsection ‘legal proceedings’ shall not include the trial of petitions presented in accordance with the provisions of section 57.”.
(c) The Referendum Act, 1994 is hereby amended by the insertion in section 16 after subsection (1), of the following subsection:
“(1A) The Minister for Finance shall, in respect of services and expenses which are not covered by the foregoing subsection, recoup to (or, where appropriate, pay on behalf of) every local returning officer out of the Central Fund or the growing produce thereof the officer’s reasonable charges in relation to every referendum in respect of which he or she is the local returning officer. For the avoidance of doubt, the expenses which may be recouped under this subsection shall include expenses incurred by a local returning officer in being represented at and meeting any damages and costs in legal proceedings (except where the court is satisfied that such officer has been grossly negligent in the discharge of the duties of the office). For the purposes of this subsection ‘legal proceedings’ shall not include the trial of petitions presented in accordance with the provisions of section 42.”.
Free postage for candidates at elections.
78.—(a) The Act of 1992 is hereby amended by the substitution in section 57(1) of “household in the constituency” for “person on the register of Dáil electors for the constituency or to any combination of such persons,”.
(b) The Act of 1993 is hereby amended by the substitution in section 32(1) of “household in a constituency” for “person on the register of presidential electors or to any combination of such persons,”.
(c) The Act of 1997 is hereby amended by the substitution in rule 22(1) of the Second Schedule of “household in the constituency” for “person on the register of European electors for the constituency or to any combination of such persons,”.
Arrangements for counting of votes.
79.—(1) The Act of 1992 is hereby amended by—
(a) the substitution in section 85(1)(b) of “time appointed by the Minister for the commencement of the count under section 114” for “hour of 9 a.m. on the day next after the polling day”;
(b) the substitution in both sections 85(2)(c) and 86(b) of “time appointed by the Minister for the commencement of the count under section 114” for “hour of 9 a.m. on the day next after the polling day appointed by the Minister”;
(c) the substitution of the following subsection for subsection (1) of section 114—
“(1) (a) The counting of the votes shall commence at such time or times as shall be appointed therefor by the Minister by order under this subsection and, where a poll is taken in two or more constituencies on the same day, different times may be so appointed for different constituencies, provided that the time or times so appointed shall not be later than 9 a.m. on the day next following the polling day.
(b) An order under this subsection shall be published in the Iris Oifigiúil as soon as may be after it is made.
(c) At the relevant time appointed under this subsection and at the place appointed under section 112, the returning officer for the constituency shall, in the presence of the agents of the candidates, open the ballot boxes and extract the ballot papers therefrom.”;
(d) the deletion of the words “then” and “forthwith” in subsection (3) of the said section 114; and
(e) the substitution of “necessary rest and refreshment” for “refreshment, and excluding (except so far as he and the candidates otherwise agree) the hours between 11 p.m. and 9 a.m.” in section 115.
(2) The Act of 1993 is hereby amended by—
(a) the deletion of paragraph (p) of subsection (3) of section 3, and
(b) the substitution in subsection (3) of section 46 of “necessary rest and refreshment” for “refreshment and (except so far as he and the candidates otherwise agree) the period between 11 p.m. and 9 a.m.”.
(3) The amendments of the Act of 1992 provided for in this section shall have effect in relation to the provisions of the said Act as applied to presidential elections by sections 42 and 47 of the Act of 1993 and to referenda by sections 30 and 33 of the Referendum Act, 1994 .
(4) The Referendum Act, 1994 , is hereby amended by the deletion of paragraph (x) of subsection (3) of section 2.
Production of documents by Clerk of Dáil.
80.—(1) Section 130 of the Act of 1992 is hereby amended by the deletion of subsection (5) and the substitution of the following subsections:
“(5) Where an order of a court (including an order under subsection (1)) is made for the production by the Clerk of the Dáil of any document in that officer’s possession relating to a Dáil election, the production of that document accompanied by the certificate of the Clerk that the document relates to the specified election shall be prima facie evidence of the fact so certified and it shall not be necessary to prove the signature of the Clerk or the official position of the person signing the certificate. Unless the court so orders, it shall not be necessary for the Clerk to attend in person to attest to any matter relating to the document or certificate.
(6) Any endorsement appearing on any packet produced pursuant to subsection (5) shall be, until the contrary is shown, sufficient evidence that the contents of the packet are as stated in the endorsement.”.
(2) Section 20 of the Act of 1997 is hereby amended by the substitution in subsection (5) for “pursuant to this section” of “of a court (including an order under subsection (1)).”.
Amendment of section 25 of Act of 1992.
81.—Section 25 of the Act of 1992 is hereby amended—
(a) by the insertion of the following subsection after subsection (10):
“(10A) Any doubt, dispute or question arising in connection with the particulars required to be entered in the Register of Political Parties pursuant to subsection (4) shall be decided by the appeal board and shall be deemed to be an appeal under subsection (9) and the provisions of paragraphs (d) to (g) of the said subsection (9) and paragraph (c) of subsection (10) shall apply to any such appeal.”;
(b) by the insertion in subsection (12), of the following words after “section”;
“and may, for the purposes of this subsection, further require that information so given shall be in the form of a statutory declaration”.
Amendment of Local Elections Regulations, 1995.
82.—The Local Elections Regulations, 1995 are hereby amended by the insertion of the following sub-article after sub-article (3) of Article 57:
“(3A) The returning officer shall, where practicable, give public notice of all polling stations which are inaccessible to wheelchair users not later than the eighth day before polling day.”.
ELECTORAL (AMENDMENT) ACT, 1998 (as enacted)
AN ACT TO AMEND THE ELECTORAL ACT, 1997 , CONCERNING THE DISCLOSURE OF DONATIONS FOR POLITICAL PURPOSES AND THE REGULATION OF EXPENDITURE AT ELECTIONS BY POLITICAL PARTIES AND CANDIDATES AND TO PROVIDE FOR RELATED MATTERS. [31st March, 1998]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Short title, collective citation and construction.
1.—(1) This Act may be cited as the Electoral (Amendment) Act, 1998.
(2) The Electoral Acts, 1992 to 1997, and this Act may be cited together as the Electoral Acts, 1992 to 1998, and shall be construed together as one Act.
Definition.
2.—In this Act “the Act of 1997” means the Electoral Act, 1997 .
Amendment of section 3 of Act of 1997.
3.—Section 3(1) of the Act of 1997 is hereby amended by the substitution of “section 24(1A) or (4),” for “section 24(4),”.
Amendment of section 21 of Act of 1997.
4.—Section 21(1) of the Act of 1997 is hereby amended—
(a) in paragraph (a) by the substitution of the following for subparagraph (ii):
“(ii) is not so elected but the greatest number of votes credited to him or her at any stage of the counting of votes at the election exceeds, in the case of a general election, one quarter of the quota, or, in the case of a bye-election, one quarter of what would have been the quota in that constituency had the bye-election been a general election.”,
(b) in paragraph (b)(ii) by the substitution of “under section 32(4)” for “under section 32(1)(b)”, and
(c) in paragraph (d)(iii) by the addition of “, including expenses (if any) referred to in section 32(4) in relation to the candidate” after “incurred by the candidate”.
Amendment of section 22 of Act of 1997.
5.—Section 22(2) of the Act of 1997 is hereby amended—
(a) in paragraph (b) by the substitution of the following subparagraph for subparagraph (iii):
“(iii) benefits derived from—
(I) a service rendered by an individual, including the use of the individual’s motor vehicle, on behalf of a political party, a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad, European or local election where that service is gratuitous and is not part of that individual’s work carried out under a contract of employment, or where the individual is self employed, in the course of the individual’s business or in the practice of the individual’s profession, or
(II) a service rendered at an election by an individual in the employment of a political party, including the use of the individual’s motor vehicle, whether the individual’s remuneration is paid out of the party’s resources or out of public funds, on behalf of a candidate of that party at a Dáil, Seanad, European or local election where the individual is not in receipt of any reward or benefit in kind other than his or her normal remuneration in consideration of that service,”,
(b) in paragraph (b) (v) by the substitution of “European election,” for “European election;”,
(c) in paragraph (b) by the addition of the following subparagraph:
“(vi) election expenses incurred by a political party pursuant to section 32(1)(b) or 33(1)(b), as the case may be, on behalf of a candidate authenticated by the political party at a Dáil or European election, other than a donation of money;”,
and
(d) in paragraph (c) by the substitution of the following subparagraphs for subparagraphs (i) and (ii):
“(i) to a political party if it is made to the party, to any branch or subsidiary organisation thereof, to any candidate of the party at a local election, to any member of the party who is a member of a local authority, to any officer, member or agent of the party or of any branch or subsidiary organisation thereof, or, subject to subparagraph (ii), to any candidate of the party at a Dáil, Seanad or European election, or to any member of the party who is a member of either House of the Oireachtas or a representative in the European Parliament or to any agent or other person acting for him or her,
(ii) to a member of either House of the Oireachtas, a representative in the European Parliament or a candidate at a Dáil, Seanad or European election if it is made to him or her or to any agent or other person acting for him or her unless the donation is passed on to a political party of which he or she is a member and a written acknowledgment is received by the member, representative or candidate, as the case may be, from the political party in respect of the donation, in which case, it shall be deemed to be a donation to that political party,”.
Amendment of section 24 of Act of 1997.
6.—Section 24 of the Act of 1997 is hereby amended—
(a) in subsection (1) by the substitution of the following paragraphs for paragraph (b):
“(b) Subject to paragraph (c), each political party shall furnish to the Public Offices Commission—
(i) not later than the 30th day of April, 1998, in respect of the period commencing on the 15th day of May, 1997, and ending on the 31st day of December, 1997, and
(ii) not later than the 31st day of March in every year thereafter,
a written statement, in a form directed by that Commission, in respect of, in the case set out in subparagraph (i), the period referred to in that subparagraph and, in any other case, the preceding year, indicating—
(iii) whether during that period or year, as the case may be, the party received a donation exceeding in value the relevant amount specified in subsection (4), and
(iv) in respect of each donation (if any), the value of the donation and the name, description and postal address of the person by or on whose behalf the donation was made.
(c) Nothing in paragraph (b) shall apply to a donation made by a person referred to in subsection (1A) to a person who was a member of a political party when the donation was made.”,
(b) by the insertion of the following subsection after subsection (1):
“(1A) (a) Subject to paragraph (b), not later than the 31st day of January in every year commencing with 1999, each person who in the preceding year made donations, the aggregate value of which exceeds £4,000—
(i) to two or more persons who, when the donations were made, were members of the same political party, or
(ii) to one or more persons and to the political party of which such person or persons were members when the donations were made to them,
shall furnish to the Public Offices Commission a written statement, in a form directed by that Commission, in respect of the preceding year, indicating—
(iii) the aggregate value of the donations,
(iv) the name of the political party concerned, and
(v) the name, description and postal address of each person to whom the donations were made,
whether or not the donations are subject to inclusion in a donation statement to be furnished by any of the persons to whom they were made.
(b) Paragraph (a) shall not apply—
(i) to donations made before the commencement of the Electoral (Amendment) Act, 1998, and
(ii) to donations made by a company, trade union, society or building society referred to in section 26.
(c) Notwithstanding section 22(2)(a), the gross value of a contribution referred to in subparagraph (vi) of that section shall be deemed to be a donation for the purposes of this subsection.”,
and
(c) in subsection (3) by the substitution of “subsection (1), (1A) or (2)” for “subsection (1) or (2)”.
Addition of new section to Act of 1997.
7.—The Act of 1997 is hereby amended by the insertion of the following section after section 24:
“Prohibition on acceptance of donations in certain circumstances.
24A.—(1) This section applies to a person who—
(a) is a candidate of a political party at a Dáil, Seanad, European or local election,
(b) is a member of a political party and is—
(i) a member of either House of the Oireachtas,
(ii) a member of a local authority, or
(iii) a representative in the European Parliament, or
(c) is any other officer, member or agent of a political party or of any branch or subsidiary organisation thereof.
(2) A person to whom this section applies shall not accept a donation if he or she knows or has reason to believe that the person proffering the donation—
(a) will, as a result of that donation and another donation, be required to furnish a written statement under section 24(1A) that includes the value of the donation being proffered, and
(b) does not intend to comply with that requirement.
(3) Where, notwithstanding subsection (2), a donation is made to a person who is prohibited by that subsection from accepting the donation, he or she shall, within 14 days after receiving the donation—
(a) notify the Public Offices Commission in writing of its receipt and of the name and address of the donor, and
(b) remit the donation or its value to that Commission.
(4) The Public Offices Commission shall—
(a) cause a copy of each notification received under subsection (3) to be laid before each House of the Oireachtas, and
(b) dispose of all moneys, property or goods received under that subsection in such manner as may be directed by the Minister for Finance.”.
Amendment of section 25 of Act of 1997.
8.—Section 25 of the Act of 1997 is hereby amended by the insertion of the following subsections after subsection (1):
“(1A) A person who is required by section 24(1A) to furnish a donation statement shall be guilty of an offence if he or she—
(a) fails to furnish that statement and make the statutory declaration required by section 24(3) on or before the relevant specified date, or
(b) knowingly furnishes a statement or makes a statutory declaration which is false or misleading in any material respect.
(1B) A person to whom section 24A applies shall be guilty of an offence if he or she—
(a) knowingly accepts a donation the acceptance of which is prohibited by section 24A(2),
(b) fails to notify the Public Offices Commission in accordance with section 24A(3) of the receipt of a donation acceptance of which is prohibited by section 24A(2), or
(c) fails to remit to the Public Offices Commission in accordance with section 24A(3) such a donation or its value.”.
Amendment of section 30 of Act of 1997.
9.—Section 30(1)(b) of the Act of 1997 is hereby amended by the deletion of “(other than election expenses deemed under section 32(1)(b)(ii) or 33(1)(b)(ii) to be election expenses incurred by that candidate)”.
Amendment of section 31 of Act of 1997.
10.—Section 31 of the Act of 1997 is hereby amended—
(a) in subsection (1)(a) by the substitution of the following for everything before subparagraph (i):
“In this Part, subject to paragraph (b), ‘election expenses’ means all expenditure for electoral purposes incurred on the provision of property, goods or services for use at an election during the period referred to in subsection (3) in order—”,
(b) in subsection (1)(b) by the substitution of the following sub-paragraph for subparagraph (v):
“(v) any of the matters referred to in subparagraphs (i) to (v) of section 22(2)(b);”,
(c) by the substitution of the following subsection for subsection (3):
“(3) The following shall be reckoned for the purposes of this Part and shall be included in the statement to be furnished to the Public Offices Com mission under section 36:
(a) all election expenses incurred by or on behalf of a political party or a candidate at any time during the period commencing—
(i) in the case of a Dáil general election, on the date of the dissolution of the Dáil which occasioned the election,
(ii) in the case of a Dáil bye-election, on the date of the issue of the writ, and
(iii) in the case of a European election, on the date of the order appointing polling day, and
ending on polling day at the election;
(b) subject to subsection (1)(b)(vi), all election expenses incurred by or on behalf of a political party or a candidate at any time before the commencement of the relevant period referred to in paragraph (a) for the provision of property, goods or services for use at the election during the period referred to in paragraph (a);
(c) all payments made in respect of the election expenses referred to in paragraphs (a) and (b).”,
and
(d) in subsection (4)(b) by the deletion of “(other than election expenses deemed under section 32(1)(b)(ii) or 33(1)(b)(ii) to be election expenses incurred by that candidate)”.
Amendment of section 32 of Act of 1997.
11.—Section 32 of the Act of 1997 is hereby amended—
(a) in subsection (1)(a) by the substitution of “Subject to paragraph (b), the aggregate” for “The aggregate”,
(b) in subsection (1)(b)(i) by the deletion of “not exceeding fifty per cent.”,
(c) in subsection (1)(b)(ii) by the deletion of “, and the said election expenses shall be deemed for the purposes of paragraph (a) to be expenses incurred by that candidate”, and
(d) by the addition of the following subsections after subsection (2):
“(3) Expenditure by a political party at an election in a constituency (other than expenditure incurred by or on behalf of a national agent of that party) on behalf of a candidate whose candidature is authenticated by the party shall be deemed to be expenditure incurred by the candidate and shall be accounted for accordingly by the candidate’s election agent.
(4) Election expenses incurred pursuant to this section by a political party in a constituency in relation to a candidate at a Dáil election (including expenditure incurred in the constituency by or on behalf of the national agent of the party) shall be deemed for the purposes of section 21 to be expenses incurred by the candidate.”.
Amendment of section 33 of Act of 1997.
12.—Section 33 of the Act of 1997 is hereby amended—
(a) in subsection (1)(a) by the substitution of “Subject to paragraph (b), the aggregate” for “The aggregate”,
(b) in subsection (1)(b)(i) by the deletion of “not exceeding fifty per cent.”,
(c) in subsection (1)(b)(ii) by the deletion of “, and the said election expenses shall be deemed for the purposes of paragraph (a) to be expenses incurred by that candidate”, and
(d) by the addition of the following subsections after subsection (3):
“(4) Expenditure by a political party at an election in a constituency (other than expenditure incurred by or on behalf of a national agent of that party) on behalf of a candidate whose candidature is authenticated by the party shall be deemed to be expenditure incurred by the candidate and shall be accounted for accordingly by the candidate’s election agent.
(5) Election expenses incurred pursuant to this section by a political party in a constituency in relation to a candidate at a European election (including expenditure incurred in the constituency by or on behalf of the national agent of the party) shall be deemed for the purposes of regulations made under section 21 to be expenses incurred by the candidate.”.
Amendment of section 36 of Act of 1997.
13.—Section 36(1)(b) is hereby amended by the substitution of the following subparagraph for subparagraph (ii):
“(ii) the name of each candidate whose candidature was authenticated by the party at that election and in respect of whom election expenses are incurred by the said agent, the constituency in which each such candidate was a candidate at the election and the amount of election expenses (if any) referred to in section 32(4) or 33(5), as may be appropriate, incurred by the party on behalf of each such candidate, and”.
Amendment of section 40 of Act of 1997.
14.—Section 40(b) of the Act of 1997 is hereby amended by the deletion of “(other than election expenses deemed under section 32 (1)(b)(ii) or 33(1)(b)(ii) to be election expenses incurred by that candidate)”.
Amendment of section 43 of Act of 1997.
15.—Section 43(1)(b) of the Act of 1997 is hereby amended by the deletion of “(other than election expenses deemed under section 32(1)(b)(ii) or 33(1)(b)(ii) to be election expenses incurred by that candidate)”.
Amendment of section 46 of Act of 1997.
16.—Section 46(2)(b) of the Act of 1997 is hereby amended—
(a) by the substitution of the following subparagraph for subparagraph (iii):
“(iii) benefits derived from—
(I) a service rendered by an individual on behalf of a candidate at a presidential election, including the use of the individual’s motor vehicle, where that service is gratuitous and is not part of that individual’s work carried out under a contract of employment, or where the individual is self employed, in the course of the individual’s business or in the practice of the individual’s profession, or
(II) a service rendered at a presidential election by an individual in the employment of a political party, including the use of the individual’s motor vehicle, whether the individual’s remuneration is paid out of the party’s resources or out of public funds, on behalf of a candidate at the presidential election where the individual is not in receipt of any reward or benefit in kind other than his or her normal remuneration in consideration of that service,”,
(b) in subparagraph (v) by the substitution of “on behalf of a candidate,” for “on behalf of a candidate;”, and
(c) by the addition of the following subparagraph after subparagraph (v):
“(vi) election expenses incurred by a political party on behalf of a candidate at a presidential election other than a donation of money;”.
Amendment of section 52 of Act of 1997.
17.—Section 52 of the Act of 1997 is hereby amended—
(a) in subsection (1) by the substitution of the following paragraph for paragraph (a):
“(a) In this Part, subject to paragraph (b), ‘election expenses’ means all expenditure for electoral purposes incurred on the provision of property, goods or services for use at a presidential election during the period commencing on the date of the order appointing polling day at that election and ending on polling day at that election in order—
(i) to promote or oppose, directly or indirectly, the election of a candidate or to solicit votes for or against a candidate,
(ii) to present the policies or a particular policy of a candidate or the views of a candidate on any matter connected with the election or the comments of a candidate on the policy or policies of another candidate at the presidential election, or
(iii) otherwise to influence the outcome of the election,
and shall be deemed to include all expenditure incurred in the taking of an opinion poll or other similar survey relating to the presidential election within the period of 60 days before polling day at the election by or on behalf of a candidate at the election.”,
(b) in subsection (1)(b) by the substitution of the following sub paragraph for subparagraph (iv):
“(iv) any of the matters referred to in subparagraphs (i) to (v) of section 46(2)(b);”,
and
(c) by the substitution of the following subsection for subsection (3):
“(3) The following shall be reckoned for the purposes of this Part and shall be included in the statement to be furnished to the Public Offices Commission under section 56:
(a) all election expenses incurred by or on behalf of a candidate at a presidential election at any time during the period commencing on the date of the order appointing polling day at that election and ending on polling day at that election;
(b) all election expenses incurred, by or on behalf of a candidate at a presidential election at any time before the commencement of the relevant period referred to in paragraph (a), for the provision of property, goods or services for use at the election during that period;
(c) all payments made in respect of the election expenses referred to in paragraphs (a) and (b).”
Transitional provisions.
18.—(1) If any of the following statements meets either the requirements of the Act of 1997 as it was before it was amended by this Act or the requirements of the Act of 1997 as amended by this Act that statement shall be deemed to be valid:
(a) a donation statement which was furnished to the Public Offices Commission before the commencement of this Act and on or before the relevant date specified in section 24 of the Act of 1997;
(b) a donation statement or a statement of election expenses which was furnished to the Public Offices Commission within the period specified for the purpose under section 24 or 36, as the case may be, of the Act of 1997 and which relates to an election held before the commencement of this Act;
(c) a donation statement in respect of the year 1998 furnished to the Public Offices Commission on or before the relevant date specified in section 24 of the Act of 1997 insofar as the statement relates to donations received during the period commencing on the 1st day of January, 1998, and ending immediately before the commencement of this Act;
(d) a presidential election donation statement which was furnished to the Public Offices Commission before the commencement of this Act and on or before the relevant date specified in section 48 of the Act of 1997.
(2) Where a candidate’s election agent furnishes a statement of election expenses referred to in subsection (1)(b), election expenses shall be reimbursed to the candidate as though sections 4 and 11 of this Act had been in operation at the time the election expenses were incurred.
ELECTORAL (AMENDMENT) ACT, 2001
AN ACT TO AMEND AND EXTEND THE ELECTORAL ACTS, 1992 TO 1999, THE EUROPEAN PARLIAMENT ELECTIONS ACTS, 1992 TO 1999, THE PRESIDENTIAL ELECTIONS ACTS, 1992 TO 1997, THE LOCAL ELECTIONS ACTS, 1974 TO 1999, THE REFERENDUM ACTS, 1992 TO 1998, THE SEANAD ELECTORAL (UNIVERSITY MEMBERS) ACTS, 1937 TO 1973, THE SEANAD ELECTORAL (PANEL MEMBERS) ACTS, 1947 TO 1972, AND TO PROVIDE FOR RELATED MATTERS.
[24th October, 2001]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1
Preliminary and General
Short title, collective citation, construction and commencement.
1.—(1) This Act may be cited as the Electoral (Amendment) Act, 2001.
(2) The Electoral Acts, 1992 to 1999, and this Act may be cited together as the Electoral Acts, 1992 to 2001, and shall be read together as one.
(3) The European Parliament Elections Acts, 1992 to 1999, 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 2001, and shall be read together as one.
(4) The Presidential Elections Acts, 1992 to 1997, and this Act in so far as it relates to presidential elections may be cited together as the Presidential Elections Acts, 1992 to 2001, and shall be read together as one.
(5) The Local Elections Acts, 1974 to 1999, and this Act in so far as it relates to local elections may be cited together as the Local Elections Acts, 1974 to 2001, and shall be read together as one.
(6) The Referendum Acts, 1992 to 1998, and this Act in so far as it relates to referendums may be cited together as the Referendum Acts, 1992 to 2001, and shall be read together as one.
(7) The Seanad Electoral (University Members) Acts, 1937 to 1973, 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 2001, and shall be read together as one.
(8) The Seanad Electoral (Panel Members) Acts, 1947 to 1972, 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 2001, and shall be read together as one.
(9) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
(10) An order under subsection (9) shall be laid before each House of the Oireachtas as soon as may be after it is made.
Interpretation.
2.—(1) In this Act, except where the context otherwise requires—
“Act of 1997” means the Electoral Act, 1997 ;
“Principal Act” means the Electoral Act, 1992 .
(2) In this Act—
(a) a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended;
(b) a reference to a subsection, paragraph or subparagraph is to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;
(c) a reference to any other enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.
PART 2
Amendment of Principal Act
Amendment of section 6 of Principal Act.
3.—Section 6 of the Principal Act is amended—
(a) by the insertion after the definition of “Dáil constituency” of the following definition:
“‘edited register’ has the meaning assigned to it by section 13A;”,
(b) by the insertion after the definition of “medical practitioner” of the following definitions:
“‘national edited register’ has the meaning assigned to it by section 13B;
‘national register’ has the meaning assigned to it by section 13B;”,
and
(c) by the insertion in the definition of “the register” after “special voters list” of “and the supplements to the postal voters list and to the special voters list”.
Amendment of section 13 of Principal Act.
4.—Section 13 of the Principal Act is amended by the insertion of the following sections after section 13—
“
Edited register of electors.
13A.—(1) Notwithstanding the provisions of this Part and the Second Schedule, a registration authority shall prepare and publish a version of the register of electors which shall be known and is in this Act referred to as the ‘edited register’ in accordance with Part 1A of the Second Schedule.
(2) An edited register published by the registration authority under subsection (1) shall be deemed, for the purposes of section 20, to be part of the register of electors.
(3) A person who uses information in the register prepared under section 13, including a draft register, the supplement to the register prepared under section 15 or in an electors list published under section 16, being information which is excluded from the edited register or edited electors list, for a purpose, other than electoral or other statutory purpose, shall be guilty of an offence.
(4) A registration authority shall not be obliged to comply with subsection (1) until the day which is 3 years after the commencement of section 4 of the Electoral (Amendment) Act, 2001, but if it complies with that subsection before that day, subsection (3) and section 133 (as amended by section 32 of the said Act) shall apply accordingly.
National register of electors.
13B.—(1) The Minister may, by order, authorise, subject to the consent of the authority or body, a registration authority or other body established by or under an enactment to compile—
(a) a register comprising the information contained in each of the register of electors prepared by the various registration authorities, including supplements to those registers prepared under section 15 (which shall be known and is in this Act referred to as the ‘national register of electors’); or
(b) a register comprising such of the information contained in each of the said register of electors, including supplements to those registers as aforesaid, as is specified in the order (which shall be known and is in this Act referred to as the ‘national edited register of electors’).
(2) Registration authorities may furnish a copy of the relevant registers free of charge to the authority or body authorised pursuant to subsection (1) for the purposes of its functions thereunder.
(3) An order under this section may provide that the furnishing of registers by registration authorities to the authority or body authorised pursuant to subsection (1) shall be subject to conditions specified in the order, including a condition providing that the cost of preparing, maintaining and publishing the register referred to in subsection (1) shall be met by the registration authorities or otherwise. Subsection (3) of section 13A and section 133 (as amended) shall apply to the use of information in a national register of electors in the same manner as they apply to an individual register complied by a registration authority.
(4) The Minister may, by order, amend or revoke an order under this section (including an order under this subsection).
(5) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Preparation and maintenance of register of electors.
13C.—(1) Notwithstanding the provisions of this Part, the Second Schedule, and Parts VII and VIII of the Electoral Act, 1997 , the Minister may, by order, authorise a body, other than a registration authority, to prepare and maintain any of the following:
(i) a register of electors including the postal voter lists and special voter lists, a supplement to the register including supplements to the postal voter lists and special voter lists, an edited register and an edited supplement for one or more registration areas;
(ii) a register of the kind referred to in subsection (1)(a) of section 13B and a register of the kind referred to in subsection (1)(b) of that section.
(2) A body authorised pursuant to subsection (1) shall be deemed to be a registration authority for the purpose of this Part, the Second Schedule and Parts VII and VIII of the Electoral Act, 1997 .
(3) An order under subsection (1) may provide that the cost of preparing and publishing the registers referred to in that subsection shall be met by the registration authorities to whose registration areas those registers relate.
(4) The Minister may, by order, revoke or amend an order under this section (including an order under this subsection).
(5) Where an order under this section (including an order under subsection (4)) is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.”.
Amendment of section 14A of Principal Act.
5.—Section 14A of the Principal Act (inserted by the Electoral (Amendment) Act, 1996 ) is amended by the insertion of the following subsections after subsection (2)—
“(3) Part III (other than Rule 19(c)) of the Second Schedule shall apply to an application for entry in the postal voters list pursuant to section 14(a) as if—
(a) references in that Part to ‘special voters list’ were references to ‘postal voters list’,
(b) references to ‘section 17’ and ‘section 17(2)’ were references to ‘section 14(a)’,
(c) in Rule 19(d), ‘and, where appropriate, the certificate referred to in paragraph (c)’ were deleted, and
(d) in Rule 23, paragraphs (1)(c) and (2)(c) were deleted.
(4) In case an application for entry in the postal voters list pursuant to section 14(a), (c) or (d) is refused, Rules 16 and 17 of Part II of the Second Schedule shall apply to such a refusal as if the reference in Rule 16 to the ‘supplement to the register’ were a reference to ‘postal voters list under section 14(a), (c) or (d)’.”.
Amendment of section 15 of Principal Act.
6.—Section 15 of the Principal Act is amended by—
(a) the insertion in subsection (1) after “publish.” of “The registration authority is also empowered to prepare and publish a version of the supplement, which shall be known and is in this Act referred to as an ‘edited supplement’, by omitting from the supplement the names and addresses of registered electors or electors on whose behalf requests have been made that their details not be used for a purpose other than an electoral or other statutory purpose. Such a supplement shall be deemed to form part of the edited register prepared and published under section 13A.”;
(b) in subsection (1A)(a) (inserted by section 76 of the Act of 1997)—
(i) the insertion of “or” after “electors,” in subparagraph (ii);
(ii) the insertion of the following subparagraph after subparagraph (ii):
“(iii) is registered as an elector in a constituency or in a local electoral area and takes up ordinary residence in another constituency or in another local electoral area on a date following the coming into force of the register of electors then in force provided the person authorises in writing, in a form directed by the Minister, the registration authority in whose register of electors he is registered as an elector to delete his name from that register of electors. The authorisation shall include such information as is necessary to enable the authority for the area of original registration to identify the relevant entry in that register,”;
(iii) the substitution of the following paragraph for paragraph (c) of subsection (1A) (inserted by section 76 of the Act of 1997):
“(c) A person referred to in paragraph (a)(ii) shall be eligible for entry in the supplement to the register on or after the day on which that person reaches eighteen years of age, including such a day that falls within the period beginning on the last day on which applications for entry in the supplement can be received and ending on polling day in the case of a Dáil, Presidential, European, local or Údarás na Gaeltachta election, or a referendum.”;
(iv) the insertion of the following paragraph after paragraph (c):
“(d) The registration authority on receipt of an authorisation referred to in subparagraph (iii) of paragraph (a) and being satisfied that the person is no longer ordinarily resident in respect of the address for which he is registered as an elector shall—
(i) in the case the new address is in another registration area, delete his name from the register of electors for the authority’s registration area and forward forthwith the relevant form to the registration authority for the address indicated on the form at which he is ordinarily resident,
(ii) in the case the new address is in another local electoral area within the registration area of the registration authority, delete the elector’s name from the register of electors and enter his details in the supplement of the register prepared under this section.”;
(c) the insertion in subsection (2)(a) of “or (1A)” after “subsection (1)”; and
(d) the insertion in subsection (5) of “(including an election to Údarás na Gaeltachta)” after “election” where that word secondly occurs.
Amendment of section 15A of Principal Act.
7.—Section 15A of the Principal Act (inserted by section 76 of the Act of 1997) is amended by—
(a) in subsection (1), the substitution of “any of paragraphs (a) to (d)” for “paragraph (a) or (d)”;
(b) the insertion of the following paragraphs after paragraph (b) of subsection (2):
“(c) The provisions of section 12 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 14(c) as if the reference in section 12 to qualifying date were a reference to the latest date for receipt of an application under subsection (4) and as if in subsection (3) of that section ‘, not later than the date specified for that purpose in the Second Schedule,’ were deleted.
(d) The provisions of Part III (other than Rules 19(c), 21 and 23 (3)) of the Second Schedule 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 14(a) or 14(b) as if—
(i) references in that Part to ‘special voters list’ were references to ‘supplement to the postal voters list’;
(ii) the reference in that Part to ‘section 17’ were a reference to this section and references in that Part to ‘section 17(2)’ were references to ‘section 14(a) or 14(b)’;
(iii) in Rule 19(d), ‘and, where appropriate, the certificate referred to in paragraph (c)’ were deleted and ‘to the registration authority’ were substituted for ‘so as to be received by the registration authority not later than the date specified in Rule 1’;
(iv) in Rule 22, ‘at such times and places as are specified in a notice published pursuant to Rule 21,’ were deleted;
(v) in Rule 23, subparagraph (c) of paragraphs (1) and (2) were deleted.”;
(c) the substitution of the following subsection for subsection (4):
“(4) An application by an elector to have his name entered in the supplement to the postal voters list received by the registration authority on or after the third day after the dissolution of the Dáil at a general election or on or after the third 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 an election to Údarás na Gaeltachta or a referendum shall not have effect in relation to that election or referendum.”;
and
(d) in subsection (5), the insertion of “or an election to Údarás na Gaeltachta” after “local election”.
Amendment of section 15B of Principal Act.
8.—Section 15B of the Principal Act (inserted by section 76 of the Act of 1997) is amended by—
(a) the substitution of the following subsection for subsection (4):
“(4) An application by an elector to have his name entered in the supplement to the special voters list received by the registration authority on or after the third day after the date of the dissolution of the Dáil at a general election or on or after the third day after the date of the order appointing polling day at a Dáil bye-election or a Presidential, European or local election or an election to Údarás na Gaeltachta or a referendum shall not have effect in relation to that election or referendum.”;
and
(b) in subsection (5), the insertion of “or an election to Údarás na Gaeltachta” after “local election”.
Sections 15A and 15B of Principal Act: supplemental provision.
9.—The Principal Act is amended by the insertion of the following section after section 15B (inserted by section 76 of the Act of 1997):
“Supplements to the postal and special voters lists where more than one poll is held on same day.
15C.—Notwithstanding the provisions of subsection (4) of section 15A or subsection (4) of section 15B, where an application by an elector to have his name entered in the supplement to the postal voters list or the supplement to the special voters list is received after the relevant date referred to in subsection (4) of section 15A or subsection (4) of section 15B in relation to an election or a referendum but before the relevant date referred to in either of the said subsections 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 an application received under subsection (4) of section 15A or subsection (4) of section 15B in connection with the elections or referendums.”.
Amendment of section 16 of Principal Act.
10.—The Principal Act is amended by the substitution of the following section for section 16:
“Electors lists to replace draft register, register and supplement in the case of specified registration authorities.
16.—(1) The Minister may, by direction, specify a registration authority or registration authorities which shall publish electors lists in place of the draft register referred to in Rule 5(6) of Part 1, the register of electors referred to in Rule 13 of Part I and the supplement referred to in Rule 15 of Part II of the Second Schedule. In addition to the foregoing, the direction may specify that versions—
(a) of such lists that are of a like kind to the edited register, and
(b) of such lists that are of a like kind to the edited supplement,
(which lists shall be known and are in this Act referred to as ‘edited electors lists’) shall be published in place of such an edited register and edited supplement by the registration authority concerned.
(2) The electors lists shall consist of—
(a) the register of electors in force at the time of publication of the electors lists (in this Act referred to as ‘List A’),
(b) a list (in this Act referred to as ‘List B’) of persons entitled on the qualifying date or otherwise to be registered as electors in respect of particular premises and whose names are not included in List A in respect of such premises, including persons entitled under section 15 to be entered on the supplement to the register, and
(c) a list (in this Act referred to as ‘List C’) of persons whose names appear on List A, and who, on the qualifying date or otherwise were not entitled to be registered as electors in respect of the premises stated in List A.
(3) Part II of the Second Schedule shall apply to applications to be entered in List B following the publication of the register.
(4) The Minister may give a direction under this section as often as he thinks fit.
(5) (a) The Minister may amend or revoke a direction under this section.
(b) Without prejudice to the generality of paragraph (a), a direction under this subsection may provide for the discontinuance of the publication of electors lists by a registration authority the subject of a direction under subsection (1), and for the publication by that registration authority of a draft register, register and supplement to the register.
(6) Where a direction under subsection (1) is in force in respect of a registration authority, a reference in this Act or in any other enactment to the draft register, register or supplement shall be construed as a reference to electors lists in so far as it applies to the said registration authority.
(7) A direction under subsection (4) may provide for the publication of—
(i) Lists B and C on or before the specified date in each year referred to in Rule 5 of Part I of the Second Schedule.
(ii) List A, incorporating entries in Lists B and C, on the specified date in each year referred to in Rule 13(2) of Part I of the Second Schedule, or as soon as may be after the fourteenth day (disregarding any excluded day) before polling day at an election or a referendum or at such other time that the registration authority thinks fit. Where a registration authority decides to publish a List A other than at the specified date referred to in Rule 13(2) of Part I of the Second Schedule or before an election or referendum, the authority shall publish a notice of its intention to publish a List A in such manner as may be specified in the direction.
(8) The provisions of the Second Schedule shall apply to Lists referred to in this section as if references to ‘draft register’, ‘register’ and ‘supplement’ were references to ‘Electors Lists’.
(9) A copy of a direction made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made.”.
Amendment of section 25 of Principal Act.
11.—Section 25 of the Principal Act is amended by the substitution of the following sections for section 25:
“25.—(1) (a) There shall be an office the holder of which shall be known as the ‘Registrar of Political Parties’ and is in this Act referred to as the ‘Registrar’. The Registrar shall, subject to the provisions of this Part, prepare and maintain a Register of Political Parties (in this Part referred to as ‘the Register’).
(b) The person who for the time being holds the office of Clerk of the Dáil shall be the Registrar. If and so long as the office of Clerk of the Dáil is vacant or the holder of that office is unable through illness, absence or other cause to fulfil-the duties of the office, the Clerk-Assistant of the Dáil shall act as the Registrar for the purposes of this Part and references in this Part to the Registrar shall be construed accordingly.
(c) If and so long as the office of Clerk of the Dáil and the office of Clerk-Assistant of the Dáil are vacant or the holders of those offices are unable through illness, absence or other cause to fulfil their duties, the Chairman of the Dáil may appoint a member of the Joint Staff of the Houses of the Oireachtas to act as the Registrar for the purposes of this Part and references in this Part to the Registrar shall be construed accordingly.
(2) (a) A political party may apply to the Registrar to be registered in the Register 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—
(i) a Dáil election,
(ii) a European election,
(iii) a local election,
(iv) an election to Údarás na Gaeltachta.
(b) An application for registration under this subsection 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) A political party may apply for the registration in the Register of one emblem to be used by candidates of the party on ballot papers. An application under this subsection shall be in writing in such form as shall be specified by the Registrar and in accordance with directions specified on the form.
(4) Subject to subsection (5), the Registrar shall register a political party which applies for registration provided the application complies with the requirements of this Part 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 subsection (2)(a), and
(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 or Údarás na Gaeltachta 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 fifty per cent of the recorded members are registered in the register of electors,
or
(ii) the party has at least one member who, at the time the application for registration is made, is a member of the Dáil or is a representative in the European Parliament (whether by reason of his having been elected as such a representative in the State or having been nominated as a replacement candidate under the European Parliament Elections Act, 1997 ) and who certifies in writing to the Registrar that he 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 is a member of the party, or
(iv) in the case of a party which applies for registration as a party organised to contest an election to Údarás na Gaeltachta only, it has at least one member who is, at the time the application for registration is made, a member of the Údarás na Gaeltachta and who certifies in writing to the Registrar that he 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 which have been 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.
(5) A political party shall not be registered in the Register if its name—
(a) is identical with the name or an abbreviation or acronym of the name of any party for the time being registered in the Register or, so nearly resembles such name, abbreviation or acronym as to be likely to mislead, confuse or deceive, or
(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 as to distinguish the party as so operating.
(6) 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,
(c) is of such a character that its publication would be likely to amount to the commission of an offence, or
(d) includes a word or expression which, if it were, or were part of, the party concerned’s name, would, by virtue of subsection (5), prevent the party from being registered in the Register.
(7) The following particulars shall be entered in the Register in respect of a political party registered therein—
(a) the name of the party, including any abbreviation or acronym,
(b) the emblem, if an application for its registration under subsection (3) has been granted,
(c) the address of the party’s headquarters,
(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, and
(g) the name of any political group in accordance with subsection (8).
(8) Where a party which is registered in the Register as a party organised to contest a European election, or which applies for such registration in the Register, informs the Registrar that a member of the party, being a representative in the European Parliament (whether by reason of his having been elected as such a representative in the State or having been nominated as a replacement candidate under the European Parliament Elections Act, 1997 ), is a member of a political group formed in accordance with the rules of procedure of the European Parliament, the Registrar shall, if that member certifies in writing to the Registrar that he is a member of that party and that group, note on the Register, in relation to the party, the name of that group.
(9) As soon as the Registrar has considered an application for registration under subsection (2) or (3), he shall notify the applicant of the decision on the application (stating reasons in the case of refusal and the provisions of this Act enabling an appeal against the decision) and shall cause notice thereof to be published in Iris Oifigiúil.
Amendments to Register.
25A.—(1) If there is any change in the particulars entered in the Register with respect to the name or names of the officer or officers of a political party referred to in paragraph (d) of section 25(7) 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 may apply in writing to the Registrar in such form as shall be specified by the Registrar to have any of the particulars, including party emblem (other than those referred to in subsection (1)) entered in the Register in relation to the party amended and the Registrar shall consider each such application and may, subject to the provisions of section 25 and this section, amend the Register accordingly.
(3) As soon as the Registrar has considered an application for amendment of the Register under subsection (2), he shall notify the applicant of the decision on the application (stating reasons in the case of refusal and the provisions of this Act enabling an appeal against the decision) and shall cause notice thereof 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 an officer referred to in section 25(7) 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 (5) shall apply in relation to the party.
(5) 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 25(7) or otherwise fails to comply with the requirements of this Part, the Registrar shall, following such inquiry as he thinks fit, publish in Iris Oifigiúil notice of his intention to cancel the registration of the party. The Registrar shall notify the party concerned of his intention and such a notification shall include a reference to the provisions of this Act enabling an appeal against the decision.
(6) Any doubt, dispute or question arising in connection with the particulars required to be entered in the Register pursuant to section 25(7) shall be decided by the appeal board and shall be deemed to be an appeal under section 25B. The Registrar or the political party concerned may submit the doubt, dispute or question to the appeal board in accordance with section 25B(3).
Appeal against decision of Registrar.
25B.—(1) A decision by the Registrar in relation to—
(a) an application for registration under subsection (2) or (3) of section 25, or
(b) an application under subsection (2) of section 25A for amendment of the particulars entered in relation to a party in the Register, or
(c) the cancellation of the registration of a party under subsection (5) of section 25A,
may be questioned by an appeal to the appeal board under this section and, pending the determination by the appeal 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 subsection (9) of section 25 or subsection (3) of section 25A, 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 subsection (2) or (3) of section 25 or for the amendment of the particulars in relation to a party entered in the Register under section 25A(2) or in regard to the cancellation of the registration of a party under section 25A(5), an appeal may be made to the appeal 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 subsection 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 has decided to cancel.
(c) An appeal under this subsection shall be in writing, shall state the grounds on which the appeal is made, shall be addressed to the Clerk of the Seanad and shall be delivered or sent by post so as to reach the Clerk 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 Clerk of the Seanad after that time shall not be entertained or considered by the appeal board.
(d) An appeal under this section shall not be considered by the appeal board unless at the time the appeal is made a deposit of £500 is lodged with the Clerk of the Seanad 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 appeal 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 Clerk of the Seanad in such manner as may be directed by the Minister for Finance.
(f) The Clerk of the Seanad, immediately on receipt of an appeal under this subsection, 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.
(g) Any services, including the services of staff, that may reasonably be required by the appeal board for the purposes of its functions under this section shall be made available to it by the Chairman of the Dáil from the Joint Staff of the Houses of the Oireachtas.
(4) (a) For the purposes of considering appeals under subsection (3) there shall be an appeal board which shall consist of a Judge of the High Court (to be nominated by the President of the High Court), who shall be chairman, the Chairman of the Dáil (or where the Chairman of the Dáil is unable, through illness, absence or other cause to fulfil the duties of the office or the office of Chairman is vacant, the Deputy Chairman of the Dáil) and the Chairman of the Seanad (or where the Chairman of the Seanad is unable, through illness, absence or other cause to fulfil the duties of the office or the office of Chairman is vacant, the Deputy Chairman of the Seanad).
(b) The appeal 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.
(c) The Registrar shall give to the appeal board such information in relation to every appeal considered pursuant to this section as the appeal board may reasonably require of him.
(d) If information additional to that referred to in paragraph (b)(ii) is furnished to the appeal board, the appeal application, if the board considers it appropriate and directs accordingly, shall be returned to the Registrar for his consideration and treated, if appropriate, as a new application for registration or an amendment of the Register by the Registrar.
(e) The decision of the appeal board shall be final and shall be complied with.
General provisions relating to Registration.
25C.—(1) 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 25A(5) or a decision by the appeal board on an appeal under section 25B shall not have effect in relation to the relevant election where the decision of the Registrar or the board is made or the period for making an appeal under section 25B(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 of the European Parliament Elections Act, 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 21 of the Local Government Act, 1994 ,
(d) in the case of an election to Údarás na Gaeltachta relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest an election to Údarás na Gaeltachta, after the date of the making of the order of the Minister for Arts, Heritage, Gaeltacht and the Islands under article 6 of the Údarás na Gaeltachta Elections Regulations, 1979 ( S.I. No. 355 of 1979 ).
(2) The Registrar shall maintain the Register at his office, permit any person to inspect the Register at such time and under such conditions as may be specified by the Registrar and shall furnish, on request, to any person a copy of the Register.
(3) 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.
(4) 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 duties under this Part.
(5) (a) Without prejudice to subsection (4), the Registrar may require from any political party which applies for registration (including registration of an emblem) in, or for amendment of, the Register 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.
(b) For the avoidance of doubt, 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.
(c) The Registrar may require that—
(i) information furnished for the purposes of this Part 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;
(ii) any statement in relation to the number of recorded members of a party shall be certified by a public auditor.
(d) In paragraph (c) ‘public auditor’ means a public auditor, for the purposes of the Industrial and Provident Societies Acts, 1893 to 1978, and the Friendly Societies Acts, 1896 to 1977.
(6) (a) Where a party is registered in the Register 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.
(b) 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.
(7) Not later than the third day (disregarding any excluded day) after the day of the issuing under section 39 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 then in force, including a copy of the emblems of political parties registered in it.
(8) The Minister for Finance shall, out of moneys provided by the Oireachtas, pay to the Registrar the amount of his reasonable charges, not exceeding such amount as may be sanctioned by that Minister, in respect of the performance by the Registrar of his duties under this Part.
(9) The Register of Political Parties in force at the commencement of section 11 of the Electoral (Amendment) Act, 2001, shall be deemed to be the Register prepared and maintained under this Part, including for the purpose of applications in writing made to the Registrar for registration in respect of Údarás na Gaeltachta elections.”.
Amendment of section 28 of Principal Act.
12.—Section 28 of the Principal Act is amended by—
(a) the substitution of the following subsection for subsection (2):
“(2) (a) A scheme under this section made by the local authority shall come into operation on the day specified in the scheme.
(b) A copy of a scheme made pursuant to this section shall, as soon as may be after it is made, be furnished to the Minister by the local authority.”,
and
(b) the deletion of subsection (3).
Amendment of section 29 of Principal Act.
13.—Section 29 of the Principal Act is amended by—
(a) the deletion in subsection (2) of “be subject to confirmation by the Minister (who may confirm the arrangement with or without modification) and shall”,
and
(b) the insertion of the following subsection after subsection (2):
“(2A) An arrangement made pursuant to subsection (1) shall be notified to the Minister by the appropriate officer.”.
Amendment of section 32 of Principal Act.
14.—Section 32 of the Principal Act is amended by the substitution of the following subsection for subsection (4):
“(4) On the request of a returning officer for an advance on account of his charges the Minister for Finance may, after consultation with the Minister (irrespective of whether the scale of charges referred to in subsection (1) has been prepared or not), if he thinks fit and on such terms as he thinks fit, make such an advance.”.
Amendment of section 41 of Principal Act.
15.—Section 41 of the Principal Act is amended by the substitution of the following paragraph for paragraph (b):
“(b) will not reach the age of 21 years on polling day or, if there is no polling day in relation to the constituency concerned by reason of the operation of section 58(b), the day which is polling day generally throughout the State in relation to the election concerned, or”.
Amendment of section 46 of Principal Act.
16.—Section 46 of the Principal Act is amended by—
(a) in subsection (4)—
(i) the substitution of “section 25(7)(d)” for “section 25(4)(c)”,
(ii) the substitution of the following sentence for the second sentence in that subsection:
“Where such a certificate is produced, the returning officer, provided he is satisfied that it is appropriate to do so in relation to the candidate, shall cause—
(a) a statement of the name of the relevant political party and a copy of the political party’s emblem as registered in the Register of Political Parties to be specified in relation to the candidates on all the ballot papers, and
(b) a statement of the name of the relevant political party to be specified in relation to the candidate on notices.”,
and
(b) in subsection (7), the substitution of “section 25C(7)” for “section 25(14)”.
Amendment of section 48 of Principal Act.
17.—Section 48 of the Principal Act is amended by the substitution of the following paragraph for paragraph (e) of subsection (1):
“(e) is not elected but the greatest number of votes credited to him at any stage of the counting of votes at the election exceeds, in the case of a general election, one quarter of the quota, or, in the case of a bye-election, one quarter of what would have been the quota in that constituency were the full number of members of the Dáil for the existing constituency to be elected.”.
Amendment of section 49 of Principal Act.
18.—Section 49 of the Principal Act is amended by the substitution of “seventh” for “ninth”.
Amendment of section 62 of Principal Act.
19.—Section 62 of the Principal Act is amended by—
(a) the substitution of “seventh” for “ninth” in subsection (2)(d), and
(b) the substitution of “subsection (7) of section 25C” for “subsection (14) of section 25” in subsection (2)(g).
Amendment of section 63 of Principal Act.
20.—Section 63 of the Principal Act is amended by—
(a) the substitution of “seven” for “nine” in subsection (1)(b)(v)(I), and
(b) the substitution of “subsection (7) of section 25C” for “subsection (14) of section 25” in subsection (1)(b)(vi).
Amendment of section 88 of Principal Act.
21.—Section 88 of the Principal Act is amended by—
(a) the insertion of “subject to any modifications which may be provided for in regulations under paragraph (cc) of subsection (2)” after “Fourth Schedule” in subsection (1),
(b) the insertion of the following paragraph after paragraph (c) of subsection (2):
“(cc) a ballot paper may include a photograph of each candidate and the emblem of the candidate’s political party registered in the Register of Political Parties in accordance with the requirements prescribed in regulations which may be made by the Minister (and such regulations may provide for the modification of the form of the ballot paper for that purpose),”,
(c) the insertion of “and the modifications which may be provided for in regulations under paragraph (cc)” after “Fourth Schedule” in paragraph (f) of subsection (2),
and
(d) the insertion of the following subsection after subsection (2):
“(3) A notice containing a copy of the ballot paper in large print shall be displayed by the presiding officer in the polling station.”.
Amendment of section 92 of Principal Act.
22.—Section 92 of the Principal Act is amended by the insertion of “and, where appropriate, other information concerning the poll, including the address of the polling station” after “section 111” in subsection (1).
Amendment of section 96 of Principal Act.
23.—Section 96(1) of the Principal Act is amended by the substitution of—
(a) “eighteenth” for “seventeenth” in paragraph (a), and
(b) “7 a.m.” for “8 a.m.” in paragraph (b).
Amendment of section 98 of Principal Act.
24.—Section 98 of the Principal Act is amended by the insertion in paragraph (f) of “or who are unable to read or write to such an extent” after “physically incapacitated”.
Amendment of section 99 of Principal Act.
25.—Section 99 of the Principal Act is amended by—
(a) the insertion of “(1)” before “Where”,
and
(b) the insertion of the following subsection after subsection (1):
“(2) (a) Where a Dáil elector is employed by a returning officer for any purpose in connection with a Dáil election and is registered to vote in a constituency, other than one in which the employment occurs, the elector shall, on application being made by him in that behalf, be entitled to have his name entered in a supplement to the postal voters list which the registration authority is empowered to prepare and publish in accordance with section 15A. An application under this section shall be made on a form directed by the Minister, and the returning officer who is employing the person shall certify on the form that the person will be employed by him on polling day in connection with the election and will be unable to vote in person in the constituency at the polling station at which the Dáil elector would otherwise be entitled to vote.
(b) Where an application under paragraph (a) is granted, the registration authority shall note the register of electors by placing a mark on the register against the number and name of the elector to denote that the elector’s name is on the postal voters list.
(c) Section 15A(2)(d) shall apply to an application for entry in a supplement to the postal voters list under paragraph (a) as if reference in that provision to paragraph (a) or (b) of section 14 were references to subsection (2).
(d) Subsection (4) of section 15A shall not apply to an application under this subsection.”.
Amendment of section 103 of Principal Act.
26.—Section 103 of the Principal Act is amended by the insertion in subsection (3) of “or that he is unable to read or write to such an extent” after “physically incapacitated”.
Amendment of section 111 of Principal Act.
27.—Section 111(2) of the Principal Act is amended by—
(a) the substitution of the following subparagraph for subparagraph (iii) (including the words in brackets) of paragraph (c):
“(iii) Have you reached the age of eighteen years?”,
and
(b) the substitution of “have reached the age of eighteen years” for “had attained the age of eighteen years on …… (date of coming into force of the register)” in paragraph (d).
Amendment of section 114 of Principal Act.
28.—Section 114 of the Principal Act is amended by the insertion of the following subsection after subsection (1):
“(1A) For the purposes of subsection (1), the manner in which a ballot box, being a box containing not more than 50 ballot papers, shall be opened shall be such that, although the box is opened in the presence of the agents of the candidates, the preferences on the individual ballot papers cannot be read by those agents or other persons present at the count.”.
Amendment of section 121 of Principal Act.
29.—Section 121 of the Principal Act is amended by—
(a) the substitution of the following subsection for subsection (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 and either—
(a) the number of votes credited to the lowest candidate is greater than one quarter of the quota or, in the case of a bye-election where there is more than one vacancy to be filled in a constituency, one quarter of what would have been the quota were the full number of members of the Dáil for the existing constituency to be elected, or
(b) the sum of the number of votes credited to the lowest candidate together with that surplus and any other surplus not transferred is not greater than one quarter of the quota or, in the case of a bye-election where there is more than one vacancy to be filled in a constituency, one quarter of what would have been the quota were the full number of members of the Dáil for the existing constituency to be elected.”,
and
(b) the substitution of the following subsection for subsection (11):
“(11) Subject to subsections (8) and (9), where two or more candidates have each an equal surplus arising from different counts, a surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count.”.
Amendment of section 122 of Principal Act.
30.—Section 122(2) of the Principal Act is amended by—
(a) the insertion after “one quarter of the quota” in paragraph (a) of “or, in the case of a bye-election, one quarter of what would have been the quota in that constituency were the full number of members of the Dáil for the existing constituency to be elected”,
and
(b) the substitution of the following paragraph for paragraph (b):
“(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, or, in the case of a bye-election, one quarter of what would have been the quota in that constituency were the full number of members of the Dáil for the existing constituency to be elected, it is clear that the exclusion of the candidates separately in accordance with subsection (1) and the transfer of any untransferred surplus could not result in a number of votes exceeding one quarter of the quota, or, in the case of a bye-election, one quarter of what would have been the quota in that constituency were the full number of members of the Dáil for the existing constituency to be elected, being credited to any such candidate.”.
Amendment of section 124 of Principal Act.
31.—Section 124 of the Principal Act is amended by—
(a) the insertion after subsection (1) of the following subsection:
“(1A) When the number of continuing candidates exceeds by one the number of vacancies remaining unfilled and the total of the votes credited to the lowest continuing candidate together with the surplus or surpluses not transferred is less than the number of votes credited to the next highest continuing candidate, the continuing candidates, with the exception of the lowest such candidate, shall thereupon be deemed to be elected.”,
and
(b) the insertion in subsection (3) of “or in the case of a bye-election where there is more than one vacancy to be filled in a constituency, one quarter of what would have been the quota were the full number of members of the Dáil for the existing constituency to be elected” after “quota”.
Amendment of section 133 of Principal Act.
32.—Section 133(2) of the Principal Act is amended by—
(a) the insertion of “or” in paragraph (c) after “special voters list,”,
(b) the insertion of the following paragraph after paragraph (c):
“(d) uses or causes to be used information in a copy of the register of electors, including a supplement to the register, or a copy of the draft register or electors lists for reasons other than electoral or other statutory purposes where an elector has indicated that he does not wish the information to be so used,”,
and
(c) the insertion of the following subsection after subsection (2):
“(2A) Where an offence under subsection (2)(d) is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or any other person who was acting or purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.”.
Amendment of section 147 of Principal Act.
33.—Section 147 of the Principal Act is amended by the substitution of “50 metres” for “100 metres” in subsection (2).
Amendment of Second Schedule to Principal Act.
34.—The Second Schedule to the Principal Act is amended by—
(a) the substitution of “section 14” for “section 14(d)” in paragraphs 2 and 4 of the Table to paragraph (4) of Rule 1,
(b) the insertion in Rule 5 after paragraph (2) of the following paragraph:
“(2A) The registration authority or local authority referred to in paragraph (2) shall include in any registration form delivered to each house or building for the purposes of this Rule, or in their other enquiries, a question which will enable an elector who completes the form on his own behalf or on behalf of other electors resident in the house or building or responds to the question by a representative of the registration or other authority to state that the elector or other person included on the form to whom the enquiry relates does not wish his name and address to be used for a purpose other than an electoral or other statutory purpose.”,
(c) the substitution in Rule 6(1)(a) of “to the Minister, if requested, and to” for “to the Minister,”,
(d) the substitution in Rule 13(4)(a) of “to the Minister, if requested, and to” for “to the Minister,”,
(e) in Rule 14—
(i) the substitution of the following paragraphs for paragraphs (2) and (3):
“(2) The fee for a copy of the register, edited register or draft register or any part thereof shall be fifty pence plus the sum of ten pence for each one hundred by which the number of persons in the register, edited register or draft register or part thereof exceeds one hundred.
(3) The registration authority shall, on payment of the said fee, supply to any person a copy of the register, edited register or draft register or the appropriate part thereof in printed form or in electronic format.”,
and
(ii) in paragraph (4)(bb) (inserted by the Electoral Act, 1997 ) the insertion of “or a body declared to be an approved body under section 7 of the Referendum Act, 1998 ” after “Seanad” where that word secondly occurs,
(f) the insertion of the following Rules after Rule 14:
“PART IA
Edited version of the Register of Electors
14A. (1) Following publication of the register of electors in accordance with Rule 13 of Part 1 of this Schedule, the registration authority shall prepare and publish a version of the register by omitting therefrom the names and addresses of registered electors or electors on whose behalf requests have been made that their details should not be used for a purpose other than an electoral or other statutory purpose.
(2) Where an elector whose details are included in an edited register or edited supplement or edited electors list requests the registration authority to delete the elector’s details from the edited register, edited supplement or edited electors list, the registration authority shall note the request and notify any person who received a copy of the edited register, edited supplement or edited electors list of the request.
14B. The registration authority may supply on request to any person a copy of the edited register or edited supplement or of an edited electors list or part of such a register or list in printed form or in electronic format on payment of a fee which fee shall be calculated in accordance with paragraph (2) of Rule 14.”,
and
(g) the deletion in Rule 18(1) of “on or” after “were received”.
PART 3
Direct Vote Recording and Electronic Vote Counting
Interpretation (Part 3).
35.—In this Part—
“cartridge or disc” means a device that is used in a voting machine to record each vote;
“electronic” includes electrical, digital, magnetic, optical, electro-magnetic, biometric, photonic and any other form of related technology;
“electronic voting system” means a voting system in which the votes are automatically counted and the results automatically tabulated by use of electronically operated apparatus;
“voting machine” means an apparatus on which voters cast their votes, that records each vote, and that furnishes a total of the number of votes cast on the machine at a poll at the election or, as the case may be, cast at a referendum;
“voting system” means a method of casting and counting votes that is designed to function wholly or partly by use of mechanical, electro-mechanical or electronic apparatus and includes the procedures for casting and counting votes and the programmes, operating manuals, printouts and other software necessary for the system’s operation;
“voting system equipment” means any kind of mechanical, electro-mechanical or electronic apparatus for use in a voting system.
Direct vote recording and electronic vote counting.
36.—(1) Notwithstanding the provisions contained in Parts XVII, XVIII and XIX of the Principal Act, voting and vote counting at a Dáil election may be undertaken on voting system equipment approved for such purposes by the Minister.
(2) The Minister may by order designate a constituency or constituencies in which voting machines and electronic voting systems or other equipment approved under subsection (1) shall be used at Dáil elections.
(3) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made.
(4) The Minister may, subject to section 31 of the Principal Act, whenever he or she thinks proper so to do, issue to all returning officers or any returning officer such instructions in relation to voting and vote counting under this Part as he or she shall consider necessary or expedient in order to ensure smooth and efficient voting and vote counting and to secure uniformity of procedures under this Part.
(5) No returning officer shall be required or authorised by an instruction given by the Minister under subsection (4) to do any act (whether of commission or omission) which is contrary to this Part or the Principal Act.
(6) Sections 96, 98, 99, 100 and 106 of the Principal Act shall apply to voting under this Part.
Expenses.
37.—(1) The expenses incurred by returning officers in acquiring voting systems for the purposes of this Part shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof.
(2) On request of a returning officer for an advance on account of his or her expenses under subsection (1), the Minister for Finance may, if he or she thinks fit on such terms as he or she thinks fit, make such an advance.
(3) An advance under subsection (2) may be made to a returning officer irrespective of whether an order under section 96(1)(a) of the Principal Act has been made or not or a scale of maximum charges under section 32 of the Principal Act has been made or not.
(4) An account of expenses under this section shall be included in the account to be submitted by the returning officer concerned to the Minister for Finance under subsection (2) of section 32 of the Principal Act.
(5) The expenses incurred by the Minister in taking steps to advertise or otherwise give publicity to any voting system to be, or which has been, introduced in one or more constituencies or to provide an educational scheme in respect of such a system (which steps the Minister is hereby empowered to take) shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of the Central Fund or the growing produce thereof.
Modification of certain provisions of Principal Act.
38.—For the purpose of the application by virtue of this Act to voting and the counting of votes under this Part of certain provisions of the Principal Act, the said provisions as so applied shall have effect as if—
(a) a reference in any such provision to a ballot paper or ballot papers, other than in the case of postal voting and voting by special voters, were a reference, where appropriate, to a ballot paper displayed on a voting machine;
(b) a reference in any such provision to mark or marking in relation to a ballot paper, other than in the case of postal voting and voting by special voters, were a reference to pressing the designated space adjacent to a candidate’s details on a ballot paper displayed on a voting machine;
(c) a reference in any such provision to a ballot box or ballot boxes, other than in the case of postal voting and voting by special voters, were a reference to a voting machine or voting machines;
(d) in section 30(3) of that Act, for “open the ballot boxes and count the votes”, in each place where those words occur, there were substituted “open the postal voter ballot boxes and count the votes in accordance with Part 3 of the Electoral (Amendment) Act, 2001,”;
(e) in section 31 of that Act, there were inserted “and the Electoral (Amendment) Act, 2001” after “with this Act”;
(f) in section 37(1) of that Act, there were inserted “and the Electoral (Amendment) Act, 2001” after “this Act”;
(g) in section 40 of that Act, there were inserted “or any votes cast on ballot papers on voting machines” after “any ballot papers used”;
(h) in section 58(a) of that Act, there were inserted “and the Electoral (Amendment) Act, 2001” after “Act”;
(i) in section 60 of that Act—
(i) there were inserted “and at the entry of votes on postal voters ballot papers on a voting machine” after “boxes” in paragraph (c) of subsection (1);
(ii) for “ballot boxes have been sealed by the presiding officer pursuant to section 110(2)” in subsection (6), there were substituted “voting machines are closed down by the presiding officer pursuant to section 42 of the Electoral (Amendment) Act, 2001”;
(iii) there were inserted “and the entry of votes on postal voters ballot papers on a voting machine” after “postal ballot boxes” where those words first occur in subsection (7) and there were inserted “and the votes on the postal voters ballot papers are entered on a voting machine” after “to be opened” in that subsection; and
(iv) there were inserted “or the Electoral (Amendment) Act, 2001,” after “this Act” in subsection (11);
(j) in section 62(3) of that Act, there were inserted “and any votes cast on ballot papers on voting machines” after “ballot papers” in paragraph (a);
(k) in section 63(1) of that Act, there were inserted “and any votes cast on ballot papers on voting machines” after “ballot papers” in subparagraph (i) of paragraph (c);
(l) in section 64 of that Act for “ballot paper placed in a ballot box” there were substituted “vote cast on a ballot paper on a voting machine”;
(m) in section 66(1) of that Act there were deleted “, and indistinguishable from,” and for “delivered to” there were substituted “installed on a voting machine used by”;
(n) in section 67 of that Act, there were inserted “and the counting of postal voters and special voters votes in accordance with section 43 of the Electoral (Amendment) Act, 2001” after “therein”;
(o) in section 72 of that Act, the substitution of “After the final delivery of post to the returning officer on polling day but before” for “At the hour fixed for”;
(p) in section 73 of that Act—
(i) there were deleted “time fixed for the” in subsection (1);
(ii) there were inserted “and enter the votes on the ballot papers in the postal voters ballot box on a voting machine” after “therein” in subsection (2); and
(iii) there were inserted in subsection (4) after “section 75.” “He shall count and note the number of ballot papers not contained in ballot paper envelopes placed in the ballot box.”;
(q) in section 75 of that Act for “as a ballot box for the purposes of section 114” there were substituted “in accordance with section 43 of the Electoral (Amendment) Act, 2001. The returning officer shall count and note the number of ballot papers placed in the ballot box and include such details and the details referred to in section 73(4) in the statement referred to in section 76(5)”;
(r) in section 76 of that Act, there were inserted “, the unused ballot papers” after “postal voters list”, where these words first occur in subsection (1);
(s) in section 85 of that Act—
(i) for “ballot boxes”, in such places where those words occur in subsections (1)(b) and (2)(c), there were substituted “cartridges or discs from voting machines”;
(ii) for “at or before the hour of 9 a.m. on the day next after polling day” in subsection (1)(b) there were substituted “forthwith”; and
(iii) for “reach the place for the counting of the votes at or before the hour of 9 a.m. on the day next after the polling day appointed by the Minister” in subsection (2)(c) there were substituted “be sent to the place for the counting of the votes forthwith”;
(t) in section 86 of that Act, for paragraph (b) there were substituted:
“(b) where, after the poll has continued for not less than four hours, the presiding officer is of opinion that if the poll were further continued the cartridges or discs from voting machines could not be sent to the place for the counting of the votes forthwith, he may then close the poll.”;
(u) in section 88 of that Act—
(i) there were inserted “for postal and special voters” after “ballot papers” in each place where those words occur in paragraph (d) of subsection (2); and
(ii) there were inserted “, if any,” after “counterfoil” in that paragraph (d);
(v) in section 89(1) of that Act, there were inserted “for a postal or special voter” after “ballot paper”;
(w) in section 91 of that Act, there were inserted “voting machines,” after “ballot boxes,” in each place where those words occur;
(x) in section 94 of that Act—
(i) in subsection (5)—
(I) for “compartments” in paragraph (a) there were substituted “voting machines”;
(II) there were deleted paragraphs (c), (d) and (e); and
(III) in paragraph (i) (inserted by the Electoral (Amendment) Act, 1996 ) there were deleted “and placing in the ballot box”;
and
(ii) in subsection (6), for “numbers on the ballot papers” there were substituted “serial numbers of the voting machines”;
(y) in section 103 of that Act—
(i) in subsection (1), for “for a ballot paper” there were substituted “to vote”;
(ii) in subsection (2), for “delivery of the ballot paper” there were substituted “permitting the elector to vote”;
(iii) in subsection (3), for “into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper in the ballot box” there were substituted “to a voting machine in the polling station and then vote on the ballot paper displayed on the voting machine for the elector”;
(iv) in subsection (4), for “delivery of the ballot paper” there were substituted “permitting that person to vote for the elector”; and
(v) in subsection (5), for “fold it and place it in the ballot box” there were substituted “vote on the voting machine”;
(z) in section 104 of that Act—
(i) in subsection (1)—
(I) for “a ballot paper”, where those words first occur, there were substituted “a permission to vote”;
(II) for “for a ballot paper” there were substituted “to vote”; and
(III) for “to receive a ballot paper and mark and place it in the ballot box” there were substituted “to vote”;
and
(ii) in subsection (2)—
(I) for “ballot papers issued pursuant to this section” there were substituted “cases arising under subsection (1)”; and
(II) for “such papers” there were substituted “such permissions” referred to in that subsection;
(aa) in section 105 of that Act—
(i) in subsection (1), for “for or has applied for a ballot paper” there were substituted “to vote or has voted”; and
(ii) in subsection (2), for “for a ballot paper”, in each place where those words occur, there were substituted “to vote”;
(bb) in section 107(3) of that Act, for “open any of the ballot boxes” there were substituted “open the postal voters ballot box or cause to be read any votes on a cartridge or disc from any voting machine”;
(cc) in section 108 of that Act—
(i) there were inserted “and the Electoral (Amendment) Act, 2001,” after “this Act” in paragraph (c); and
(ii) for “open any of the ballot boxes” in paragraph (d) there were substituted “open the postal voters ballot box or cause to be read any votes on a cartridge or disc from any voting machine”;
(dd) in section 109 of that Act—
(i) there were inserted “or voting machines” after “ballot boxes or ballot papers” where those words first occur;
(ii) there were inserted “postal or special voter” after “(in the case of”;
(iii) for “ballot boxes or ballot papers” in paragraph (a) there were substituted “voting machines”;
(iv) in paragraph (e) there were inserted “and the Electoral (Amendment) Act, 2001,” after “this Act”; and
(v) in paragraph (f) for “open any of the ballot boxes” there were substituted “open the postal voters ballot box or cause to be read any votes on a cartridge or disc from any voting machine”;
(ee) in section 111 of that Act, for “for a ballot paper” in paragraphs (b), (c) and (d) of subsection (2) there were substituted “to vote”;
(ff) in section 112 of that Act, there were inserted “and cartridges or discs from voting machines” after “ballot papers”;
(gg) in section 113(3) of that Act, for “the ballot papers have been correctly sorted” there were substituted “all the cartridges or discs from voting machines have been correctly accounted for”;
(hh) in section 117 of that Act, for “ballot papers” there were substituted “cartridges or discs from voting machines”;
(ii) in section 129 of that Act—
(i) in subsection (1) there were deleted all the words from “sealed packets” down to and including “polling stations,” and there were substituted “sealed packets the cartridges or discs from voting machines and the statements referred to in sections 40(1), 42(2) and 43(5) and (6) of the Electoral (Amendment) Act, 2001,”; and
(ii) for “section 114” in paragraph (b) of subsection (2) there were substituted “ section 44 of the Electoral (Amendment) Act, 2001”;
(jj) in section 130 of that Act—
(i) the substitution for paragraph (d) of subsection (2) of the following:
“(d) the cartridge or discs referred to in subsection (1) of section 129 (as that subsection applies by virtue of Part 3 of the Electoral (Amendment) Act, 2001) and the documents referred to in paragraphs (a) and (b) of section 43 (9) of that Act.”.
(ii) there were inserted “or the Electoral (Amendment) Act, 2001,” after “this Act” in subsection (3);
(kk) in section 131 of that Act there were inserted “and the Electoral (Amendment) Act, 2001,” after “Act”;
(ll) in section 134 of that Act—
(i) for “for a ballot paper” in paragraphs (a) and (b) of subsection (1) there were substituted “to vote”;
(ii) for “obtained a ballot paper” in subsection (1)(b) there were substituted “voted”;
(iii) there were deleted “(otherwise than under section 102)” in paragraph 1(b); and
(iv) in subsection (2) for “obtained a ballot paper” there were substituted “been permitted to vote”;
(mm) in section 137 of that Act—
(i) in subsection (1), there were inserted “or at the entering of votes from postal and special voters ballot papers on a voting machine” after “postal ballot boxes”;
(ii) in subsection (1)(b), for “the said issue or the said voting or the said opening” there were substituted “the said issue, voting, opening or entering”;
(iii) in subsection (2), for “for a ballot paper” there were substituted “to vote” and “or as to the official mark” were deleted;
(iv) in subsection (4)(a), for “marking his ballot paper” there were substituted “voting”;
(v) in subsection (4)(b), there were deleted “, or as to the number on the back of the ballot paper issued to a voter at that station”; and
(vi) in subsection (4)(c), for “display his ballot paper after the said voter has marked it so as to make known” there were substituted “disclose”;
(nn) in section 138(a) of that Act, there were inserted “or voting machine or cartridge or disc from a voting machine or software or other voting system equipment used for voting or vote counting” after “or any unused ballot paper”;
(oo) in section 150 of that Act, the reference to section 103 were a reference to section 103 as applied to this Part by section 46 ;
(pp) in section 153 of that Act, there were inserted “or a cartridge or disc from a voting machine” after “ballot paper”;
(qq) in section 161 of that Act, there were inserted “and the entering of votes on postal and special voter ballot papers on a voting machine” after “postal ballot boxes” in paragraph (c);
(rr) in section 163 of that Act, there were inserted “or the Electoral (Amendment) Act, 2001,” after “this Act”; and
(ss) in section 165(2) of that Act—
(i) there were inserted “postal voters and special voters” before “ballot papers” in paragraph (b);
(ii) there were inserted “or voting machines” after “ballot boxes” in paragraph (d); and
(iii) paragraph (e) were deleted.
Preparation of voting machine.
39.—(1) The returning officer shall, after the content of a ballot paper is finalised, arrange to have—
(a) the ballot paper prepared for use on voting machines and installed on the voting machines for his or her constituency; and
(b) the details of the ballot paper referred to in paragraph (a) inserted in the relevant cartridge or disc for recording votes to be cast on each such voting machine and such cartridge or disc installed in such voting machine.
(2) The returning officer shall ensure that, after installing a ballot paper and a cartridge or disc as aforesaid in the machine, each voting machine is operating satisfactorily.
(3) The returning officer shall cause the compartment of the machine which contains a cartridge or disc to be locked in such a manner as to prevent the compartment being interfered with without breaking the lock except in accordance with section 42 .
Opening of the poll.
40.—(1) Immediately before the commencement of the poll the presiding officer at each polling station, after ensuring that the lock on the machine referred to in section 39 has not been interfered with, shall operate the voting machine in his or her charge to demonstrate to such persons as are present in the polling station that no votes are cast or recorded on the machine. The presiding officer shall cause a printed statement to be produced by the machine showing the names of candidates on the ballot paper and that no votes are cast or recorded on the machine. The statement shall be signed by the presiding officer and witnessed by an agent or other person in the polling station. The presiding officer shall then place the voting machine in his or her view during the poll.
(2) An election shall not be questioned on the grounds that the requirement in subsection (1) with respect to the production by a voting machine of the printed statement referred to in that subsection has not been complied with.
Procedure for voting.
41.—(1) Subject to the provisions of sections 38 and 79 of the Principal Act and sections 64, 99, 100, 103, 104, 105 and 111 of the Principal Act, as applied to this Part by sections 36, 38 and 46, the presiding officer shall permit a Dáil elector, who applies to vote and declares his name and address, to vote on a voting machine.
(2) Immediately before permitting a Dáil elector to vote—
(a) the number (including polling district letter) and name of the elector as stated in the register shall be called out,
(b) a mark shall be placed in the register against the number of the elector to denote that the elector has been permitted to vote, and
(c) the presiding officer or person authorised by him or her shall open the voting machine or enable the elector to open the machine.
(3) A Dáil elector on receiving permission to vote shall (subject to the provisions of section 103 of the Principal Act as applied to this Part) go alone to one of the voting machines in the polling station and there shall secretly record his or her preferences on the ballot paper displayed on the voting machine and shall then cast his or her vote by pressing the vote button on that machine. He or she shall vote without undue delay and shall leave the polling station as soon as he or she has voted.
(4) Where an elector fails to cast his or her vote by pressing the vote button on the machine, the presiding officer shall de-activate the voting machine without approaching the voting machine.
(5) In a case to which subsection (4) applies, an elector shall not be entitled to re-apply to vote at the poll.
(6) The presiding officer shall keep a separate record and make out a separate statement in a form directed by the Minister of the number of electors permitted to vote on each voting machine in the polling station and the number of instances arising under subsection (4) with respect to the machine.
Duties of presiding officer at close of poll.
42.—(1) At the time fixed for the close of the poll the presiding officer shall take steps to ensure that no further Dáil electors are admitted to the polling station, but any elector on the premises at that time shall, subject to the provisions of the Principal Act and this Act, be entitled to vote.
(2) As soon as practicable after the close of the poll, the presiding officer after ensuring that the lock referred to in section 39 on each voting machine in the polling station has not been interfered with shall cause a statement showing the total number of votes recorded on the machine and a list of the candidates on the ballot paper at the polling station to be produced by the machine. The statement shall be signed by the presiding officer and witnessed by another person in the polling station. The presiding officer shall then open the lock and remove the cartridge or disc from each such voting machine so that no further votes can be entered therein.
(3) The presiding officer shall immediately send the said cartridge or disc together with the statements produced at the opening and close of the poll referred to in section 40 (1) and subsection (2) to the returning officer together with a polling station reconcilation account, in such form as may be directed by the Minister, made out by him or her and shall seal up in separate packets—
(a) the marked copies of the register of Dáil electors;
(b) a statement prepared in accordance with section 104(2) of the Principal Act as applied by this Part;
(c) any authorisations given by the returning officer under section 99 or 100 of the Principal Act authorising persons to vote at the polling station, and any undertakings by a personation agent to prove that a person has committed personation; and
(d) unused stationery and other documents and materials relating to the Dáil election,
and shall deliver all such packets to the returning officer.
(4) The returning officer shall make adequate arrangements for the safe custody of the packages delivered in pursuance of this section and of all documents connected with the poll.
(5) An election shall not be questioned on the grounds that the requirement in subsection (2) with respect to the production by a voting machine of the printed statement referred to in that subsection has not been complied with.
Counting of postal and special voter ballot papers under this Part.
43.—(1) The sealed ballot box containing postal and special voters ballot papers shall be opened, in the presence of agents of the candidates and not less than 2 members of the returning officer’s staff, before the conclusion of voting on polling day.
(2) The ballot papers extracted by the returning officer from the said ballot box shall be counted and their total number compared with the number shown in the appropriate ballot paper account prepared under section 76 of the Principal Act as applied to this Part by section 46 .
(3) The returning officer, while counting and recording the number of ballot papers, shall cause the said papers to be kept face upwards and shall take due precautions to prevent any person from seeing the numbers printed on the backs of the said papers.
(4) Subsections (2) to (4) of section 118 of the Principal Act shall apply to ballot papers dealt with under this section.
(5) The returning officer shall reject any of the ballot papers that are invalid and before commencing the entry of ballot paper preferences, the returning officer shall operate the voting machine, which shall have a cartridge or disc installed in it in accordance with section 39 , in his or her charge to demonstrate to such persons as are present that no votes are cast or recorded on the voting machine. The returning officer shall cause a printed statement to be produced by the voting machine showing the names of the candidates on the ballot paper and that no votes are cast or recorded on the machine. The returning officer shall then in the presence of agents and not less than 2 members of his or her staff enter the preferences shown on the postal and special voters ballot papers on the ballot paper displayed on the voting machine. After the vote preferences have been entered on the said ballot paper from each postal or special voter ballot paper, the returning officer shall then press the vote button on the voting machine.
(6) On completion of the entry of the votes in the voting machine, the returning officer shall cause a printed statement to be produced by the machine showing the number of votes recorded and a list of candidates on the ballot paper.
(7) The statements produced under subsections (5) and (6) shall be signed by the returning officer or a person authorised by him or her and witnessed by an agent or if no agent is present by another person present.
(8) The returning officer shall extract the cartridge or disc from the voting machine and retain it, together with statements produced by the voting machine, in a sealed envelope until the counting of votes commences in accordance with section 44 .
(9) On completion of the activity referred to in subsection (8), the returning officer shall place in separate sealed packets—
(a) the postal and special voters ballot papers, and
(b) the ballot papers rejected under subsection (5),
and shall mark on each packet particulars of its contents, the date of the polling day at the election and the constituency to which it relates and such packets shall be sent to the Clerk of the Dáil together with the documents specified in section 129 of the Principal Act.
(10) An election shall not be questioned on the grounds that the requirement in subsection (5) or (6) with respect to the production by a voting machine of the printed statement referred to in subsection (5) or (6) has not been complied with.
Preliminary proceedings and time for counting of votes.
44.—(1) Following the closing of the poll, the returning officer, at the place appointed under section 112 of the Principal Act, shall, unless circumstances arise that render it impracticable at that time to do so, proceed with the counting of the votes, in the presence of agents of the candidates, as the cartridges or discs referred to in sections 42(3) and 43(8) are received at the count centre. If circumstances as aforesaid arise, the returning officer shall, upon those circumstances ceasing to exist, proceed with the counting of the votes in the manner aforesaid.
(2) Immediately on receipt of the cartridges or discs from the various polling stations, including the cartridge or disc containing the votes of postal and special voters, the returning officer in the presence of the agents of the candidates shall insert each cartridge or disc in an apparatus provided in the constituency concerned for the purpose of counting the votes entered in the voting machines in the various polling stations in that constituency (in this Act referred to as a “constituency vote counting machine”).
(3) The returning officer shall compare the number of votes shown on the constituency vote counting machine in respect of each cartridge or disc from a voting machine with the number of votes recorded on the statements prepared pursuant to sections 42(2) and 43(6) in respect of each machine and shall prepare a statement showing the result of this comparison in respect of all the voting machines. The returning officer shall, on request, allow the agent of any candidate to be present at that procedure and shall on request provide a copy of the second-mentioned statement to the agent of any candidate.
(4) When the cartridges or discs are received from all the voting machines for the constituency and are dealt with in accordance with subsection (2), the returning officer shall cause the constituency vote counting machine to mix the votes recorded in all the cartridges or discs inserted on the said machine, to create a table of the mixed votes which shall be numbered in consecutive order, the number “1” being assigned to the vote placed highest in the table, the number “2” being assigned to the vote placed next highest in the table and so on, and to proceed to cause the said machine to count the votes in accordance with Part XIX of the Principal Act, as applied to this Part by section 45 .
Application of Part XIX of Principal Act.
45.—(1) Part XIX of the Principal Act, other than section 125, and subsections (2), (3) and (4) of section 118 shall apply to the counting of votes under this Part. Any reference in that Part XIX to a ballot paper or paper shall be construed as a reference to a vote cast on a voting machine or, in the case of a reference to postal or special voters ballot papers, a vote entered in a voting machine.
(2) Any reference to the functions referred to in sections 119 to 124 of the Principal Act, as applied to this Part, being performed by the returning officer shall, subject to subsection (6), be construed as a reference to the performance of those functions by electronic methods and, in particular, any reference in those sections to a parcel or sub-parcel of votes shall be construed as a reference to an analogous grouping together of votes by those methods and any reference in those sections to the physical treatment of, or a transfer being effected in respect of, such a parcel shall be construed as a reference to an analogous treatment of, or an analogous transfer being effected in respect of, such a parcel by those methods.
(3) Section 119(1) of the Principal Act, as so applied, shall have effect as if the reference in that section to section 114 were a reference to section 44 of this Act and the words “, rejecting any that are invalid,” were deleted.
(4) Section 127(2) of the Principal Act, as so applied, shall have effect as if the reference in that section to section 114(2) were a reference to section 44 (3) of this Act.
(5) Section 128 of the Principal Act, as so applied, shall have effect as if the reference in that section to the decision of the returning officer in respect of any matter referred to therein were a reference to the results provided by the constituency vote counting machine in respect of that matter.
(6) Where it is necessary to decide a matter by determining it by lot, the returning officer shall cause the result of that determination by lot to be entered on the constituency vote counting machine.
Application of certain provisions of Principal Act.
46.—The provisions of sections 30, 31, 37, 40, 58, 60, 62 to 64, 66, 67, 72, 73, 75, 76, 85, 86, 88, 89, 91, 94, 103 to 105, 107 to 109, 111 to 113, 117, 129 to 131, 134, 137, 138, 150, 153, 161, 163 and 165 of the Principal Act shall, subject to the modifications specified in section 38, apply and have effect in relation to voting and vote counting under this Part.
Election petitions.
47.—Part XXI of, and the Third Schedule to, the Principal Act shall apply to voting and vote counting under this Part as if—
(a) in section 132(8) there were inserted “and the Electoral (Amendment) Act, 2001,” after “this Act”;
(b) in Rule 4(3) of the said Schedule there were inserted “or the Electoral (Amendment) Act, 2001,” after “this Act”, in each place where those words occur; and
(c) for Rule 7 of the said Schedule, there were substituted the following Rule:
“Counting of votes afresh.
7. (1) The court may, for the purposes of the trial of a petition questioning a Dáil election, if it thinks fit, order that all the votes cast on voting machines at the election in the constituency to which the petition relates shall be counted afresh. For the purpose of enabling such an order to be carried out, the software used for counting votes cast on voting machines shall include a capability of providing a table of the preferences recorded for each vote cast at the poll at the election, including the vote number referred to in section 44(4) and a separate record of each vote cast at the election, showing the preferences recorded on it, the vote number referred to in section 44(4) and, where applicable, the number of each count at which the vote was either transferred to the next available preference recorded on it or became a non-transferable vote not effective.
(2) Where the court makes an order under paragraph (1), the provisions of the following paragraphs shall have effect.
(3) Votes to which an order under this Rule relates shall be counted afresh under the direction of the court and, subject to paragraphs (4), (5) and (6) and to such modifications (if any) as the court considers necessary, the provisions of Part XIX, as applied by the Electoral (Amendment) Act, 2001, relating to the counting of votes at an election shall apply to such counting.
(4) In counting the votes afresh pursuant to an order under this Rule, the count shall begin at the first count, without disturbing the mix carried out by the constituency vote counting machine prior to the original first count.
(5) Where votes are counted afresh pursuant to an order under this Rule, the court shall cause the preferences recorded for any person who, with respect to the relevant Dáil election, is found by the court not to have been eligible for election to the Dáil to be disregarded or where the court decides that votes shall be added to, or removed from, the vote table referred to in section 44(4) the software shall be capable of so adding or removing votes so that there shall be a minimum disturbance to the mix carried out by the constituency vote counting machine prior to the original first count.
(6) The court shall have power to reverse any decision of the returning officer at the original count.
(7) The costs of giving effect to an order under this Rule shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof and section 32 shall, with respect to the services and expenses properly rendered or incurred by the returning officer for the purposes of, or in connection with, giving effect to the order, apply in the same manner as it applied in respect of the services and expenses rendered or incurred by the returning officer for, or in connection with, the relevant Dáil election.”.
Adaptation or modification of Acts relating to other elections and referendums.
48.—(1) Subject to subsection (3), the Minister may by order make such adaptations of, or modifications to, the Presidential Elections Act, 1993 , the European Parliament Elections Act, 1997 , the Local Elections Regulations, 1995, the Referendum Act, 1994 , the Seanad Electoral (University Members) Act, 1937 , and the Seanad Electoral (Panel Members) Acts, 1947 to 1972, as will enable voting and counting of votes at the relevant election or referendum under the said enactment or enactments to take place using equipment approved for use under this Part.
(2) Subject to subsection (3), the Minister for Arts, Heritage, Gaeltacht and the Islands may be order make such adaptations of, or modifications to, the Údarás an Gaeltachta Acts, 1979 to 1999, and the regulations made under such Acts as will enable voting and counting of votes at Údarás elections to take place using equipment approved for use under this Part.
(3) Any adaptations or modifications provided for by an order under subsection (1) or (2) shall—
(a) in every case be such as will result in the enactment concerned having effect subject to the same principles as the provisions of this Part are subject to, and
(b) in so far as is practicable, having regard to the differences between the subject matter of the Electoral Acts, 1992 to 2001, and the enactment concerned, be such as will, in the opinion of the Minister of the Government referred to in subsection (1) or (2), result in that enactment containing provisions corresponding in their terms to those of this Part in so far as they relate to the matters referred to in subsection (1) or (2).
(4) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House within the next 21 days on which the House has sat after the order has been laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(5) The Minister may by order amend or revoke an order made under this section (including an order under this subsection).
PART 4
Principal Amendments of Act of 1997 in relation to Political Donations
Amendment of Act of 1997.
49.—The Act of 1997 is amended—
(a) in section 3 by the substitution in subsection (1) for all the words from “section 21” down to and including “51 or 52” of “section 21, 22, 23, 23A, 23B, 24(1A), 24(4), 26(1), 30, 31, 32, 46, 47, 48(1), 48A, 48B, 51 or 52”,
(b) in section 22 by—
(i) the insertion of “or a third party” after “European Parliament” in each place where those words occur in paragraph (a) of subsection (2);
(ii) the insertion of the following paragraph after paragraph (a) of subsection (2)—
“(aa) ‘account’ means an account in an institution in the State for the purpose of crediting and debiting money received in respect of donations;
‘accounting unit’, in relation to a political party, means a branch, including the headquarters of a political party if it is a separate accounting unit or other subsidiary organisation of the party, which in any particular year, receives a donation the value of which exceeds £100;
‘candidate’ means a person who on or before the date of movement of a writ in relation to a Dáil general election or bye-election or the date of the making of the order appointing polling day in relation to a Seanad election or an election to the European Parliament is declared by himself or herself or by others to be a candidate at the election concerned;
‘institution’ means—
(a) the holder of a licence under section 9 of the Central Bank Act, 1971 ,
(b) a building society incorporated or deemed to be incorporated under the Building Societies Act, 1989 , or a body incorporated in a corresponding manner under the law of any other Member State of the European Communities,
(c) a trustee savings bank within the meaning of the Trustees Savings Banks Act, 1989,
(d) ACC Bank plc,
(e) An Post, or
(f) a person authorised in accordance with the European Communities (Licensing and Supervision of Credit Institutions) Regulations, 1992 ( S.I. No. 395 of 1992 ), to carry on business in the State;
‘political group’ means a group formed in accordance with the rules of procedure of the European Parliament;
‘political purposes’ means any of the following purposes, namely—
(i) (I) to promote or oppose directly or indirectly, the interests of a political party, a political group, a member of either House of the Oireachtas or a representative in the European Parliament, or
(II) to present, directly or indirectly, the policies or a particular policy of a political party, a political group, a member of either House of the Oireachtas, a representative in the European Parliament or a third party, or
(III) to present, directly or indirectly, the comments of a political party, a political group, a member of either House of the Oireachtas, a representative in the European Parliament or a third party with regard to the policy or policies of another political party, political group, a member of either House of the Oireachtas, representative in the European Parliament, third party or candidate at an election or referendum or otherwise, or
(IV) to promote or oppose, directly or indirectly, the interests of a third party in connection with the conduct or management of any campaign conducted with a view to promoting or procuring a particular outcome in relation to a policy or policies or functions of the Government or any public authority;
(ii) to promote or oppose, directly or indirectly, the election of a candidate at a Dáil, Seanad or European election or to solicit votes for or against a candidate or to present the policies or a particular policy of a candidate or the views of a candidate on any matter connected with the election or the comments of a candidate with regard to the policy or policies of a political party or a political group or of another candidate at the election or otherwise;
(iii) otherwise to influence the outcome of the election or a referendum or campaign referred to in paragraph (i)(IV) of this definition;
‘responsible person’, in relation to an accounting unit, means the treasurer or any other person responsible for dealing with donations to the unit, or, in relation to a third party, the person or persons responsible for the organisation, management or financial affairs of the third party;
‘third party’ means any person, other than a political party registered in the Register of Political Parties under Part III of the Electoral Act, 1992 , or a candidate at an election, who accepts, in a particular year, a donation the value of which exceeds £100.”,
(c) in section 23—
(i) in subsection (1), by the insertion of “or third party” after “European election” and the insertion of “third party” after “party, member, representative”, and
(ii) in subsection (2) by the insertion of “or third party” after “European election” and the insertion of “third party” after “party, member, representative”,
(d) the insertion of the following sections after section 23:
“
Limits on donation amounts.
23A.—(1) Without prejudice to subsection (2), none of the following persons, namely—
(a) a member of either House of the Oireachtas,
(b) a representative in the European Parliament,
(c) a candidate at a Dáil, Seanad or European Election,
(d) a political party,
(e) a third party, or
(f) an accounting unit,
shall, directly or through any intermediary, accept from a particular person in a particular year a donation the value of which exceeds—
(i) in case the first-mentioned person falls within paragraph (a), (b), or (c), £2,000, and
(ii) in case the first-mentioned person falls within paragraph (d), (e), or (f), £5,000.
(2) None of the persons referred to in any of paragraphs (a) to (f) of subsection (1) shall, directly or through any intermediary, accept a donation of whatever value given by—
(a) an individual (other than an Irish citizen) who resides outside the island of Ireland, or
(b) a body corporate or unincorporated body of persons which does not keep an office in the island of Ireland, being an office from which the carrying on of one or more of its principal activities is directed.
(3) Where a person makes more than one donation—
(i) in the same year to the same member of either House of the Oireachtas, representative in the European Parliament, political party, third party or accounting unit, or
(ii) in relation to the same Dáil, Seanad or European election to the same candidate, or in relation to the same referendum or campaign,
all such donations shall, for the purposes of this section, be aggregated and treated as a single donation received by the person concerned and references in subsequent provisions of this section to a donation the acceptance of which is prohibited by subsection (1) shall be construed accordingly.
(4) The limits referred to in subsection (1) shall not apply to the provision by any person of a constituency office to an individual, or if more than one such office is provided to the individual, whichever one of those offices is nominated in writing by the individual for the purposes of this subsection.
(5) Where, notwithstanding subsection (1) or (2), a donation, the acceptance of which is prohibited by either subsection, is made to a person referred to therein, the donee shall, not later than 14 days after the receipt of the donation, either—
(a) return the donation, or, in the case of a donation referred to in subsection (1) which is a monetary donation, the part of it exceeding the limit concerned to the donor and keep a written record of that return for the purposes of its being furnished to the Public Offices Commission, if required by it, or
(b) notify the Public Offices Commission of such receipt and remit the donation, or, in the case of a donation referred to in subsection (1) which is a monetary donation, the part of it exceeding the limit concerned or the value thereof, to the Commission.
Political donations accounts.
23B.—(1) A member of either House of the Oireachtas, a representative in the European Parliament, a candidate at a Dáil, Seanad or European election, a political party, a third party or an accounting unit who or which receives, in any particular year, a monetary donation the value of which exceeds £100 shall open and maintain an account in an institution in the State and shall lodge that donation and any further monetary donations received by him or her or it to that account.
(2) As soon as may be after the commencement of section 49 of the Electoral (Amendment) Act, 2001, and from time to time thereafter as circumstances require, the appropriate officer of a political party referred to in section 71 shall, if the party is one to which subsection (1) applies, notify the Public Offices Commission of the name and address of each accounting unit of the political party and the name of the responsible person or persons of the accounting unit.
(3) A member of either House of the Oireachtas, a representative in the European Parliament or a political party shall ensure that a donation statement furnished by him or her or it under section 24 to the Public Offices Commission is accompanied by—
(a) a statement provided by the institution referred to in subsection (1) with which he or she or it has opened the account referred to therein specifying the transactions that have taken place in relation to the account during the year preceding the year in which the said donation statement is furnished, and
(b) a certificate in a form directed by the Public Offices Commission signed by the member, representative or an officer of the political party, as the case may be, stating that all monetary donations received by the member, representative or political party during the preceding year were lodged to the said account and all amounts debited from that account were used for political purposes.
(4) An unsuccessful candidate at a Dáil, Seanad or European election shall ensure that a donation statement furnished by him or her under section 24 to the Public Offices Commission is accompanied by—
(a) a statement provided by the institution referred to in subsection (1) with which he or she has opened the account referred to therein specifying the transactions that have taken place in relation to the account during the period beginning on the date of opening of the account and ending on polling day at the election, and
(b) a certificate, in a form directed by the Public Offices Commission, signed by him or her stating that all monetary donations received by him or her during the said period were lodged to the said account and all amounts debited from that account were used for political purposes.
(5) Not later than 31 March in every year, the responsible person of a third party or of an accounting unit shall furnish to the Public Offices Commission a statement provided by the institution referred to in subsection (1) with which the third party or accounting unit has opened the account referred to therein specifying the transactions that have taken place in relation to the account during the preceding year together with a certificate, in the form directed by the Commission, signed by him or her stating that all monetary donations received by the third party or accounting unit during the preceding year were lodged to the said account and all amounts debited from that account were used for political purposes.
(6) The certificate furnished pursuant to subsection (3), (4) or (5) shall be accompanied by a statutory declaration made by the person by whom the certificate is furnished that, to the best of the person’s knowledge and belief, the certificate is correct in every material respect and that the person has taken all reasonable action in order to be satisfied as to the accuracy of the certificate.
(7) If a person to whom subsection (3) or (4), other than a political party, applies, dies before the expiration of the period for furnishing the donation statement referred to in those subsections to the Public Offices Commission the requirements of those subsections with respect to that statement being accompanied by the statement and certificate referred to therein shall not apply.
(8) The Public Offices Commission shall retain the statements, certificates and statutory declarations furnished to it pursuant to subsections (3), (4) and (5) and shall not disclose the contents of those statements, certificates or declarations unless ordered by a Court to do so or save when such disclosure is required in connection with an investigation held by the Commission.
Registration of third parties.
23C.—As soon as may be after the receipt by it of a donation the value of which exceeds £100 and before incurring any expenses for political purposes or, as the case may be, incurring, subsequent to that receipt, any further such expenses, a third party shall furnish to the Public Offices Commission in writing—
(a) the name and address of the third party and the name and address of the responsible person or each responsible person in relation to the third party,
(b) a statement of the nature, purpose and estimated amount of the donations to, and proposed expenses of, the third party in any year, and
(c) an indication of the third party’s connection, if any, with any political party or candidate at a Dáil, Seanad or European election or referendum or otherwise.”,
(e) in section 25 by—
(i) the insertion in subsection (1) of “or the responsible person of a third party or of an accounting unit” after “at the election”;
(ii) the insertion in subsections (1)(a) and (1)(b) of “or 23A” after “section 23”;
(iii) the insertion in subsection (1)(b) after “thereof” of “or fails to return the donation or part of the donation exceeding the limit to the donor under section 23A”;
(iv) the insertion in subsection (1)(c) of “furnish the statement of an institution, certificate or statutory declaration required under section 23B or” after “fails to”;
(v) the substitution of the following paragraph for paragraph (d) of subsection (1):
“(d) knowingly—
(i) furnishes a donation statement under this Part or makes a statutory declaration referred to in section 24, or
(ii) furnishes a statement of an institution or a certificate or makes a statutory declaration referred to in section 23B,
which is false or misleading in any material respect, or”;
(vi) the insertion of the following paragraph after paragraph (d) of subsection (1)—
“(e) fails to comply with section 23C.”;
(vii) the substitution of the following paragraph for paragraph (c) of subsection (2)—
“(c) where the conviction relates to—
(i) a failure to furnish a statement of an institution or certificate or make a statutory declaration referred to in section 23B, or
(ii) a failure to furnish a donation statement under section 24,
the person shall be guilty of a further offence on every day on which the failure continues after such conviction and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding £100.”,
(f) in section 46 by—
(i) the deletion in paragraph (a) of subsection (2) of all the words from “‘donation’” down to and including “namely—” and substituting “‘donation’ means any contribution given by any person to a candidate at a presidential election for the purpose of promoting the election of the candidate at that election or otherwise affecting the outcome of that election or to a third party for the purpose of promoting the election of a candidate at the presidential election or otherwise affecting the outcome of that election, and includes all or any of the following, namely—”;
(ii) the insertion of the following paragraph after paragraph (a) of subsection (2)—
“(aa) ‘account’ means an account in an institution in the State for the purpose of crediting and debiting money received in respect of donations;
‘candidate’ means a person who, on or before the date of the making of the order appointing polling day at a presidential election is declared by himself or herself or by others to be a candidate at that election;
‘institution’ means—
(a) the holder of a licence under section 9 of the Central Bank Act, 1971 ,
(b) a building society incorporated or deemed to be incorporated under the Building Societies Act, 1989 , or a body incorporated in a corresponding manner under the law of any other Member State of the European Communities,
(c) a trustee savings bank within the meaning of the Trustees Savings Banks Act, 1989,
(d) ACC Bank plc,
(e) An Post, or
(f) a person authorised in accordance with the European Communities (Licensing and Supervision of Credit Institutions) Regulations, 1992 ( S.I. No. 395 of 1992 ), to carry on business in the State;
references to promoting the election of a candidate at a presidential election or otherwise affecting the outcome of that election shall be construed as references to—
(i) promoting or opposing, directly or indirectly, the election of a candidate or soliciting votes for or against a candidate,
(ii) presenting the policies or a particular policy of a candidate or the views of a candidate on any matter connected with the election or the comments of a candidate with regard to the policy or policies of a candidate at the election or otherwise,
(iii) otherwise influencing the outcome of the election;
‘responsible person’, in relation to a third party, means the person or persons responsible for the organisation, management or financial affairs of the third party;
‘third party’, in relation to a presidential election, means any person, other than a political party registered in the Register of Political Parties under Part III of the Electoral Act, 1992 , or a candidate at a presidential election, who, in any particular year, accepts a donation the value of which exceeds £100.”,
(g) in section 47 by—
(i) the insertion in subsection (1) of “or third party” after “presidential election”,
(ii) the insertion in subsection (2) of
(I) “or third party” after “presidential election” and after “candidate concerned”, and
(II) “or the certificate to be furnished under section 48B” after “section 48” where it first occurs,
(h) the insertion of the following sections after section 48:
“
Limits on donation amounts.
48A.—(1) Without prejudice to subsection (2), none of the following persons, namely—
(a) a candidate,
(b) a presidential election agent, or
(c) a third party at a presidential election,
shall, directly or through any intermediary, accept from a particular person in a particular year a donation the value of which exceeds—
(i) in case the first-mentioned person falls within paragraph (a) or (b), £2,000, or
(ii) in case the first-mentioned person falls within paragraph (c), £5,000.
(2) None of the persons referred to in paragraph (a), (b) or (c) of subsection (1) shall, directly or through any intermediary, accept a donation of whatever value given by—
(a) an individual (other than an Irish citizen) who resides outside the island of Ireland, or
(b) a body corporate or an unincorporated body of persons which does not keep an office in the island of Ireland, being an office from which the carrying on of one or more of its principal activities is directed.
(3) Where a person makes more than one donation in relation to the same presidential election to the same candidate, presidential election agent or third party all such donations shall, for the purposes of this section, be aggregated and treated as a single donation received by the person concerned, and references in subsequent provisions of this section to a donation the acceptance of which is prohibited by subsection (1) shall be construed accordingly.
(4) Where, notwithstanding subsection (1) or (2), a donation, the acceptance of which is prohibited by either subsection, is made to a person, agent or third party referred to therein, the person, agent or third party, as the case may be, or, in the case of a donation to the first-mentioned person which is made after the appointment by him or her of a presidential election agent, the presidential election agent, shall, not later than 14 days after the receipt of the donation, either—
(a) return the donation, or, in the case of a donation, referred to in subsection (1) which is a monetary donation, the part of it exceeding the limit concerned, to the donor and keep a written record of that return for the purposes of its being furnished to the Public Offices Commission, if required by it, or
(b) notify the Public Offices Commission of such receipt and remit the donation, or, in the case of a donation referred to in subsection (1) which is a monetary donation, the part of it exceeding the limit concerned or the value thereof, to the Commission.
(5) If a donation is accepted by or on behalf of a candidate at a presidential election before the appointment by the candidate of a presidential election agent, the candidate shall furnish to the relevant agent details of such donations, together with the relevant documentation, and thereafter the presidential election agent shall be responsible for furnishing the relevant statement to the Public Offices Commission.
Political donations accounts.
48B.—(1) Where a candidate at a presidential election, a presidential election agent or a third party receives a monetary donation the value of which exceeds £100, there shall be opened and maintained—
(a) in the case of such a receipt by the candidate before the appointment by him or her of a presidential election agent, by the candidate,
(b) in the case of such a receipt by the candidate after such an appointment is made, by that agent, and
(c) in any other case, by the presidential election agent or third party, as the case may be,
an account at an institution in the State and there shall be lodged to that account by the person who has opened it that donation and any further monetary donations received by him or her or it.
(2) A presidential election agent shall ensure that a donation statement furnished by him or her under section 48 to the Public Offices Commission is accompanied by—
(a) a statement provided by the institution referred to in subsection (1) with which he or she or the candidate for whom he or she is a presidential election agent has opened the account referred to therein specifying the transactions that have taken place in relation to the account during the period beginning on the date of opening of the account and ending on polling day at the presidential election, and
(b) a certificate, in a form directed by the Public Offices Commission, signed by the presidential election agent, stating that all monetary donations received during the said period by him or her or the candidate for whom he or she is such an agent were lodged to the said account and all amounts debited from that account were used for promoting the election of the said candidate or otherwise affecting the outcome of the said election.
(3) A third party shall, not later than 56 days after polling day at a presidential election, furnish to the Public Offices Commission a statement provided by the institution referred to in subsection (1) with which the third party has opened the account referred to therein specifying the transactions that have taken place in relation to the account during the period beginning on the date of opening of the account and ending on polling day at the presidential election, together with a certificate, in a form directed by the Commission, signed by the third party, stating that all monetary donations received during the said period by the third party were lodged to the said account and all amounts debited from that account were used for promoting the election of a candidate at the said election or otherwise affecting the outcome of the said election.
(4) The certificate furnished pursuant to subsection (2) or (3) shall be accompanied by a statutory declaration made by the person by whom the certificate is furnished that, to the best of the person’s knowledge and belief, the certificate is correct in every material respect and that the person has taken all reasonable action in order to be satisfied as to the accuracy of the certificate.
(5) The Public Offices Commission shall retain the statements, certificates and statutory declarations furnished to it pursuant to subsections (2), (3) and (4) and shall not disclose the contents of those statements, certificates or declarations unless ordered by a Court to do so or save when such disclosure is required in connection with an investigation held by the Commission.
Registration of third parties.
48C.—As soon as may be after the receipt by it of a donation the value of which exceeds £100 and before incurring any expenses for the purposes of promoting the election of a candidate at a presidential election or otherwise affecting the outcome of such an election or, as the case may be, incurring, subsequent to that receipt, any further such expenses a third party shall furnish to the Public Offices Commission in writing—
(a) the name and address of the third party and the name and address of the responsible person or each responsible person in relation to the third party,
(b) a statement of the nature, purpose and estimated amount of the donations to, and proposed expenses of, the third party in any year, and
(c) an indication of the third party’s connection, if any, with any political party or candidate at the election.”,
(i) in section 61(2) by—
(i) the insertion of “or a candidate or a third party” after “candidate” and after “said agent”;
(ii) the insertion of “or the statement of an institution, certificate or statutory declaration required by section 48B” after “section 48” in paragraph (f) and (g);
(iii) the substitution of “respect, or” for “respect.” in paragraph (g);
(iv) the insertion of the following paragraphs after paragraph (g)—
“(h) fails to notify the Public Offices Commission in accordance with section 47 or 48A of the receipt of a donation acceptance of which is prohibited by that section, or
(i) fails to remit to the Public Offices Commission in accordance with section 47 or 48A such a donation or the value thereof, or fails to return the donation or part of it exceeding the limit to the donor under section 48A, or
(j) fails to comply with section 48C.”;
(j) in section 61(5) by the insertion of “or a statement of an institution, certificate or statutory declaration under section 48B” after “section 48” in paragraph (c).
PART 5
Miscellaneous
Amendment of Act of 1997.
50.—The Act of 1997 is amended—
(a) in section 4 by—
(i) the substitution of the following subsection for subsection (2):
“(2) Where the Public Offices Commission, following consideration by it of a statement furnished to it pursuant to section 20, 24, 36, 48 or 56, finds a minor error or omission in the statement, the Commission shall furnish to the agent or person by whom the statement was furnished details of the error or omission, as the case may be, and the Commission shall inform the agent or the person, as the case may be, that he or she may correct the error or make good the omission within the period of 14 days from the date on which the notification issued to the agent or person as the case may be.”,
(ii) the insertion of the following subsections after subsection (9):
“(10) Such functions of the Public Offices Commission under this Act, as may be specified by it, may be performed under the supervision and subject to the general direction of the Commission, by members of the staff of the Commission duly authorised in that behalf by the Commission.
(11) A person shall act in accordance with guidelines or advice published or given to the person under this section unless, by so doing, the act concerned would constitute a contravention of another provision of this Act.”,
(b) by the insertion of the following section after section 4:
“
Limitation of time for prosecution of offence.
4A.—Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings in relation to an offence under this Act may be commenced—
(a) at any time within 12 months from the date on which the offence was committed, or
(b) at any time within 6 months from the date on which evidence that, in the opinion of the Commission, is sufficient to justify the bringing of the proceedings, comes to the Commission’s knowledge,
whichever is the later, but no such proceedings shall be commenced later than 5 years from the date on which the offence concerned was committed.”,
(c) in section 17 by—
(i) the substitution of the following subsection for subsection (1):
“(1) Subject to the provisions of this Part, the following payments shall be made out of the Central Fund or the growing produce thereof in each period of 12 months to each qualified party which applies therefor, namely—
(a) an amount of £100,000, and
(b) an amount which bears the same proportion to the amount referred to in paragraph (a) of subsection (2) or, as appropriate, paragraph (b)(i) of that subsection, as the proportion which the total number of first preference votes obtained by every candidate of the political party concerned at the preceding general election bears to the total number of first preference votes obtained by candidates of all qualified parties at that election.”,
(ii) in subsection (2)—
(I) the substitution of the following paragraph for paragraph (a):
“(a) The aggregate of the payments which may be made to qualified parties under subsection (1)(b) shall not, subject to paragraph (b), exceed three million pounds.”,
and
(II) the substitution in paragraph (b)(i) of “which may be made under subsection (1)(b)” for “which may be made under this section”,
(iii) the deletion of subsection (3), and
(iv) the insertion of the following subsection after subsection (4):
“(4A) Where, before the date for the making of a payment under this Part—
(a) one or more political parties (which or each of which is referred to in this subsection as a ‘former party’) is or are amalgamated with another political party (in this subsection referred to as the ‘enlarged party’), or
(b) two or more political parties (each of which is also referred to in this subsection as a ‘former party’) are merged into a political party established for the purpose of the merger (in this subsection referred to as the ‘new party’),
then, if the enlarged party or new party falls within paragraph (a) of the definition of ‘qualified party’ in section 16, the total number of first preference votes obtained by every candidate of each former party shall, for the purposes of paragraph (b) of that definition and subsection (1)(b) of section 17, be attributed to the enlarged party or the new party, as the case may be.”,
(d) in section 18 by the insertion in subsection (1)(a) after “such payments to” of “the general conduct and management of the party’s affairs and the lawful pursuit by it of any of its objectives and, without prejudice to the generality of the foregoing,”,
(e) in section 21 by—
(i) the substitution of the following subparagraph for subparagraph (ii) of subsection (1)(a) (inserted by section 4 of the Electoral (Amendment) Act, 1998 ):
“(ii) is not so elected but the greatest number of votes credited to him or her at any stage of the counting of votes at the election exceeds, in the case of a general election, one quarter of the quota, or, in the case of a bye-election, one quarter of what would have been the quota in that constituency were the full number of members of the Dáil for the existing constituency to be elected.”,
(ii) the insertion in subsection (1)(c) of “in a form directed by the Commission” after “Commission”;
(iii) in subsection (1)(d)—
(I) the substitution for “Part V, and” of “Part V,” in subparagraph (ii),
(II) the substitution for “the candidate.” of “the candidate, and” in subparagraph (iii), and
(III) the insertion of the following subparagraph after subparagraph (iii):
“(iv) certified to the said Minister that a donation statement required to be submitted under section 24(2)(a) has been furnished to the Commission and such statement was completed in accordance with guidelines issued by the Commission under section 4.”,
(f) in section 22(2)(b) by—
(i) the insertion of “(including recoupment of expenses)” after “normal remuneration” in clause (II) of subparagraph (iii) (inserted by the Electoral (Amendment) Act, 1998 );
(ii) the substitution for “donation of money;” of “donation of money,” in subparagraph (vi) (inserted by the Electoral (Amendment) Act, 1998 ); and
(iii) the insertion of the following subparagraph after subparagraph (vi):
“(vii) election expenses incurred by a political party on behalf of a candidate of the political party at a Seanad election, other than a donation of money;”,
(g) in section 24 by—
(i) in subsection (1A)(b) (inserted by the Electoral (Amendment) Act, 1998 )—
(I) the deletion of “and” in subparagraph (i),
(II) the substitution for “section 26.” of “section 26, and” in subparagraph (ii), and
(III) the insertion of the following subparagraph after subparagraph (ii):
“(iii) to donations (other than money) made by a political party to its members whether to individuals or any part of the party.”;
(ii) the insertion of the following subsection after subsection (6):
“(6A) Where the Public Offices Commission requests additional or supplemental information in relation to a donation statement, such information shall be provided by the person who furnished the statement under subsection (1) or (2) and shall be in a form, directed by the Commission, accompanied, if the Commission so requests, by a statutory declaration made by the person 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 action in order to be satisfied as to the accuracy of the information.”;
and
(iii) the insertion of the following subsection after subsection (7)—
“(8) If a person to whom subsection (1)(a) or (2) applies dies before the expiration of the period for furnishing a statement under subsection (1)(a) or (2), a donation statement in respect of that person shall not be required to be made to the Public Offices Commission.”,
(h) in section 25 by—
(i) the insertion of “or section 26” after “section” where it first occurs in subsection (2), and
(ii) the insertion of “or (1A)(b)” after “subsection (1)(d)” in subsection (2)(b),
(i) in section 26 by the insertion of the following subsection after subsection (2):
“(3) A company, trade union, society or building society which fails to comply with the provisions of this section shall be guilty of an offence and section 74 shall apply to such an offence.”,
(j) in section 28(2)(a) by the insertion after “Part” of “and to assist the candidate generally in relation to the election.”,
(k) in section 31 by:
(i) in subsection (1)(a)—
(I) The deletion of all the words from “In this Part” down to and including “in order—” and the substitution of the following—
“In this Part ‘election expenses’ means all expenses falling within paragraph (b) incurred in the provision of property, goods or services for use at an election during the period referred to in subsection (3) in order—”,
and
(II) in subparagraph (iii)—
(A) the substitution of “the outcome of the election.” for “the outcome of the election;”,
and
(B) the deletion of all the words from “and shall” down to and including “at the election.”,
(ii) the substitution of the following paragraph for paragraph (b) of subsection (1):
“(b) The expenses mentioned in the foregoing definition of ‘election expenses’ shall be those, and only those, set out, in the Schedule to this Act.”,
(iii) in subsection (3)(b) the substitution of “paragraph 2(b), of the Schedule to this Act” for “subsection (1)(b)(vi)”,
and
(iv) the insertion of the following subsection after subsection (8):
“(8A) It shall be the duty of the political party or candidate concerned to furnish the relevant material referred to in subsection (8) to the relevant national agent or election agent in sufficient time to enable the agent to carry out his or her duties under section 36. A political party or a candidate which or who fails to comply with this section shall be guilty of an offence.”;
(l) in section 32 by the substitution of “£20,000” for the sum mentioned in subparagraph (i), “£25,000” for the sum mentioned in subparagraph (ii) and “£30,000” for the sum mentioned in subparagraph (iii) of subsection (1)(a),
(m) in section 36 by the insertion of the following subsection after subsection (2):
“(2A) Where the Public Offices Commission requests additional or supplemental information in relation to a statement of election expenses under this section, such information shall be provided by the agent or person who furnished the statement and shall be in a form, directed by the Commission, accompanied, if the Commission so requests, by a statutory declaration made by the agent or person that, to the best of the knowledge and belief of the agent or person, the information is correct in every material respect and that the agent or person has taken all reasonable action in order to be satisfied as to the accuracy of the information.”,
(n) in section 43 by the insertion of “and, for the purposes of proceedings for an offence under this paragraph, the excess of such expenditure shall be deemed to have occurred on polling day” after “appropriate,” in paragraph (a) of subsection (2),
(o) in section 46(2)(b) by the insertion of “(including recoupment of expenses)” after “normal remuneration” in clause (II) of subparagraph (iii) (inserted by the Electoral (Amendment) Act, 1998 ),
(p) in section 48 by the insertion of the following subsection after subsection (2):
“(2A) Where the Public Offices Commission requests additional or supplemental information in relation to a presidential election donation statement, such information shall be provided by the presidential election agent concerned and shall be in a form, directed by the Commission, accompanied, if the Commission so requests, by a statutory declaration made by the agent that, to the best of the agent’s knowledge and belief, the information is correct in every material respect and that the agent has taken all reasonable action in order to be satisfied as to the accuracy of the information.”,
(q) in section 50(1)(a) by the insertion of “and to assist the candidate generally in relation to the election” after “of this Part”,
(r) in section 52 by—
“(i) in subsection (1)(a)—
(I) The deletion of all the words from “In this Part” down to and including “in order—” and the substitution of the following—
“In this Part ‘election expenses’ means all expenses falling within paragraph (b) incurred in the provision of property, goods or services for use at a presidential election during the period commencing on the date of the order appointing polling day at that election and ending on polling day at that election in order—”,
and
(II) in subparagraph (iii)—
(A) the substitution of “the outcome of the election.” for “the outcome of the election,”, and
(B) the deletion of all the words from “and shall” down to and including “at the election.”,
(ii) the substitution of the following paragraph for paragraph (b) of subsection (1):
“(b) The expenses mentioned in the foregoing definition of ‘election expenses’ shall be those, and only those, set out, in the Schedule to this Act.”,
and
(iii) the insertion of the following subsection after subsection (7):
“(7A) It shall be the duty of the candidate concerned to furnish the relevant material referred to in subsection (7) to the relevant presidential election agent in sufficient time to enable the agent to carry out his or her duties under section 56. A candidate who fails to comply with this subsection shall be guilty of an offence.”,
(s) in section 56 by the insertion of the following subsection after subsection (2):
“(2A) Where the Public Offices Commission requests additional or supplemental information in relation to a statement of election expenses under this section, such information shall be provided by the presidential election agent or person who furnished the statement in a form, directed by the Commission, accompanied, if the Commission so requests by a statutory declaration made by the agent or person that, to the best of the knowledge and belief of the agent or person, the information is correct in every material respect and that the agent or person has taken all reasonable action in order to be satisfied as to the accuracy of the information.”,
(t) in section 61 by the insertion of “and, for the purposes of proceedings for an offence under this paragraph, the excess of such expenditure shall be deemed to have occurred on polling day,” after “section 53” in paragraph (a) of subsection (2),
(u) in section 63 by the insertion of the following subsection after subsection (2):
“(3) Rules 16 and 17 of Part II of the Second Schedule to the Electoral Act, 1992 , shall apply to an appeal against a ruling of a registration authority to an application under this section as if the reference in the said Rule 16 to an application for entry in the supplement to the register were a reference to an application for entry in the postal voters list under this section.”; and
(v) by the insertion after section 82 of the following Schedule:
“
SCHEDULE
1. The following are the expenses referred to in section 31(1)(b) and 52(1)(b):
(a) Advertising (whatever the medium used).
Expenses in respect of such advertising include agency fees, design costs and other costs incurred in connection with preparing, producing, distributing or otherwise disseminating such advertising.
(b) Publicity.
Expenses in respect of that matter include expenses incurred in respect of party political broadcasts, the provision of any services or facilities in connection with press conferences or other dealings with the media, media advice and training and photography.
(c) Election posters.
Expenses in respect of such material include the costs of the design, production, printing, erection and removal of election posters.
(d) Other election material.
Expenses in respect of such material include the design, production, printing and disseminating of such material (other than posters) including canvass cards, election leaflets, election manifestos, newsletters and any other promotional election material.
(e) Office and stationery.
Expenses in respect of those matters include costs incurred in the rental or use of an office premises or meeting rooms for election purposes (other than for the purposes of annual or other party conferences) and the costs of heating, electricity, insurance, purchase or rental of office equipment, telephones, stationery and postage.
(f) Transport and travel.
Expenses in respect of those matters include expenses incurred on transport and travel (by any means), petrol and diesel, rental or use of campaign vehicles, rental or use of vehicles for transport of voters on polling day, accommodation costs, taxi and hackney services and courier services.
(g) Market Research.
Expenses in respect of that matter include expenses incurred in the taking of an opinion poll or other similar survey relating to an election within the period of 60 days before polling day at the election by or on behalf of a political party, a political group or a candidate at the election.
(h) Campaign workers.
Expenses in respect of that matter include payments to campaign workers, insurance and other costs.
2. For the avoidance of doubt, nothing in paragraph 1 of this Schedule extends to—
(a) any of the matters referred to in subparagraphs (i) to (v) of section 22(2)(b) or, in the case of a presidential election, subparagraphs (i) to (v) of section 46(2)(b),
(b) expenses incurred in the provision of property, goods or services used at an election where such property, goods or services was or were provided in respect of a previous Presidential, Dáil, European or local election and the cost of providing such property, goods or services was included in the statement of election expenses furnished to the Public Offices Commission or to a local authority in relation to the said previous election by the national agent of the party or designated person of the party or election agent of the candidate, or candidate as the case may be,
(c) any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds,
(d) the payment by or on behalf of a candidate of the deposit under section 13 of the Act of 1997 or section 47 of the Act of 1992, as may be appropriate,
(e) expenditure on the purchase of copies of the register of electors or parts thereof,
(f) the reasonable living expenses (including accommodation) of a candidate or any person or persons working on behalf of the candidate on a voluntary basis, or
(g) any sum disbursed by any individual out of the individual’s own resources for any minor expenses (not exceeding £100 in any one payment) lawfully incurred in relation to the election if the said sum is not repaid to the person.”.
Amendment of European Parliament Elections Act, 1997.
51.—The European Parliament Elections Act, 1997 , is amended—
(a) in section 2(1) by the insertion after the definition of “the Act of 1992” of the following definition:
“‘chief returning officer’ has the meaning assigned to it by section 15A;”;
(b) by the substitution in paragraph (b) of section 10 of “7 a.m.” for “8 a.m.”;
(c) in section 11 by the insertion of “on polling day or, if there is no polling day in relation to the constituency concerned by reason of the operation of Rule 23(1)(b), the day which is polling day generally throughout the State in relation to the election concerned” after “21 years”;
(d) by the insertion of the following section after section 15:
“Chief returning officer.
15A.—(1) Not later than the day on which an order appointing the polling day at a European election is made, the Minister shall appoint a person to be the chief returning officer for the purposes of this Act.
(2) It shall be the duty of the chief returning officer to receive the returns furnished to him or her in pursuance of this Act by the returning officer for each constituency, to make in the prescribed form to the Parliament a return of the persons elected pursuant to this Act and to do such other things in respect of a European election as he or she is required by law to do.
(3) There shall be charged on and paid out of the Central Fund or the growing produce thereof to the chief returning officer such sums as the Minister for Finance shall sanction for that officer’s services and expenses in respect of a European election.”;
(e) by the substitution of “chief returning officer” for “Clerk of the Dáil” or “Clerk” where those words or that word occur in the following sections and Second Schedule, namely—
(i) section 16(2),
(ii) subsections (5) and (7) of section 20,
(iii) section 21(6)(c),
(iv) in the said Schedule—
(I) Rule 23(1)(b),
(II) Rule 27(2)(a),
(III) paragraphs (5) and (6) of Rule 39,
(IV) Rule 70(b),
(V) Rule 92(1),
(VI) paragraphs (1), (2), (3) and (4) of Rule 93,
(VII) Rule 94,
(VIII) Rule 121,
(IX) Rule 139(2);
(f) in section 18 by the substitution of the following subsection for subsection (6)—
“(6) On the request of a returning officer or local returning officer for an advance on account of the officer’s charges, the Minister for Finance may, after consultation with the Minister, (irrespective of whether the scale of charges referred to in subsection (1) has been prepared or not), if the Minister for Finance thinks fit, and on such terms as the said Minister of the Government thinks fit, make such an advance.”;
(g) in Rule 5(3) of the Second Schedule by—
(i) the substitution of “section 25(7)(d)” for “section 25(4)(c)”;
(ii) the insertion of “and a copy of the political party’s emblem as registered in the Register of Political Parties under Part III of the Electoral Act, 1992 ,” after “relevant political party”;
(iii) the insertion of “the name of the political party” after “ballot papers and” where those words first occur;
(h) in Rule 13 of the Second Schedule by the substitution of “paragraphs (3) to (5) of Rule 5” for “paragraph (3) or (4) of Rule 5” in paragraph (4);
(i) in Rule 18(3)(a) of the Second Schedule by the substitution of “section 25(7)(d)” for “section 25(4)(c)”;
(j) in Rule 50 of the Second Schedule by—
(i) the insertion of “subject to any modifications which may be provided for in regulations under paragraph 2(b)” after “Fourth Schedule” in paragraph (1);
(ii) the substitution of the following subparagraph for subparagraph (b) of paragraph (2):
“(b) a ballot paper may include a photograph of each candidate and the emblem registered in the Register of Political Parties under Part III of the Electoral Act, 1992 , of the candidate’s political party in accordance with the requirements prescribed in regulations which may be made by the Minister (and such regulations may provide for the modification of the form of the ballot paper for that purpose),”;
(iii) the insertion of “and the modifications which may be provided for in regulations under paragraph (b)” after “Fourth Schedule” in subparagraph (i) of paragraph (2);
(iv) the insertion of the following paragraph after paragraph (2):
“(2A) A notice containing a copy of the ballot paper in large print shall be displayed by the presiding officer in the polling station.”;
(k) in Rule 54 of the Second Schedule by the insertion of “and where appropriate, other information concerning the poll” after “Rule 72” in paragraph (1);
(l) in Rule 59 of the Second Schedule by the insertion of “or who are unable to read or write to such an extent” after “physically incapacitated” in paragraph (f);
(m) in Rule 60 of the Second Schedule by—
(a) the insertion of “(1)” before “Where”, and
(b) the insertion of the following paragraph after paragraph (1):
“(2) (a) Where a European elector is employed by a returning officer or a local returning officer for any purpose in connection with a European election and is registered to vote in a constituency, other than one in which the employment occurs, the elector shall, on application being made by him or her in that behalf, be entitled to have his or her name entered in a supplement to the postal voters list which the registration authority is empowered to prepare and publish in accordance with section 15A of the Electoral Act, 1992 . An application under this paragraph shall be made on a form directed by the Minister, and the local returning officer who is employing the person shall certify on the form that the person will be employed by him or her on polling day in connection with the election and will be unable to vote in person in the constituency at the polling station at which the European elector would otherwise be entitled to vote.
(b) Section 15A(2)(d) of the Electoral Act, 1992 , shall apply to an application for entry in a supplement to the postal voters list under paragraph (a) as if references in that provision to paragraph (a) or (b) of section 14 were references to this paragraph.
(c) Subsection (4) of section 15A of the Electoral Act, 1992 , shall not apply to an application under this paragraph.”;
(n) in Rule 64 of the Second Schedule by the insertion in paragraph (3) of “or he or she is unable to read or write to such an extent” after “physically incapacitated.”;
(o) in Rule 72 of the Second Schedule—
(a) by the substitution of the following subparagraph for subparagraph (iii) (including the text in brackets) of paragraph (1)(c):
“(iii) Have you reached the age of eighteen years?”;
and
(b) by the substitution of “have attained the age of eighteen years” for “had attained the age of eighteen years on …… (date of coming into force of the register)” in paragraph (1)(d);
(p) in Rule 75 of the Second Schedule by the insertion of the following paragraph after paragraph (1)—
“(1A) For the purposes of paragraph (1)(a), the manner in which a ballot box, being a ballot box containing not more than 50 ballot papers, shall be opened shall be such that, although the box is opened, in the presence of the agents of the candidates, the preferences on the individual ballot papers cannot be read by those agents or other persons present at the count.”;
(q) in Rule 85 of the Second Schedule by—
(i) the substitution of “shall not” for “need not necessarily” in paragraph (8); and
(ii) the substitution of the following paragraph for paragraph (11):
“(11) Subject to paragraphs (8) and (9), where two or more candidates have each an equal surplus arising from different counts, a surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count.”;
(r) in Rule 88 of the Second Schedule by the insertion of the following paragraph after paragraph (1)—
“(1A) When the number of continuing candidates exceeds by one the number of vacancies remaining unfilled and the total of the votes credited to the lowest continuing candidate together with the surplus or surpluses not transferred is less than the number of votes credited to the next highest continuing candidate, the continuing candidates, with the exception of the lowest such candidate, shall thereupon be deemed to be elected.”;
(s) in Rule 92(3) of the Second Schedule by the insertion of “the chief returning officer,” after “Minister,” where that word first occurs;
(t) by the deletion of Rule 95 of the Second Schedule;
(u) in Rule 118 of the Second Schedule by the substitution of “50 metres” for “100 metres” in paragraph (2);
and
(v) in Rule 139(1) of the Second Schedule by the insertion of “the chief returning officer,” after “concerned”.
Amendment of Presidential Elections Act, 1993.
52.—The Presidential Elections Act, 1993 , is amended—
(a) in paragraph (b) of section 7 by the substitution of “7 a.m.” for “8 a.m.”;
(b) in section 9 by the substitution of the following subsection for subsection (6)—
“(6) On the request of the presidential returning officer for an advance on account of his services and expenses, the Minister for Finance may, (irrespective of whether an order has been made under section 7 or not) if he thinks fit, and on such terms as he thinks fit, make such an advance.”;
(c) in section 11 by the substitution of the following subsection for subsection (3)—
“(3) On the request of a local returning officer for an advance on account of the officer’s charges, the Minister for Finance may, after consultation with the Minister, (irrespective of whether the scale of charges referred to in subsection (1) has been prepared or not), if he thinks fit and on such terms as he thinks fit, make such an advance.”;
(d) in section 37 by—
(i) the insertion of the following paragraph after paragraph (a) of subsection (2):
“(aa) a ballot paper may include a photograph of each candidate in accordance with the requirements prescribed in regulations which may be made by the Minister (and such regulations may provide for the modification of the form of the ballot paper for that purpose);”;
and
(ii) in subsection (2) the insertion of “and the modifications which may be provided for in regulations under paragraph (aa)” after “directions” in paragraph (f);
and
(iii) the insertion of the following subsection after subsection (2):
“(2A) A notice containing a copy of the ballot paper in large print shall be displayed by the presiding officer in the polling station.”;
and
(e) in section 43 by the insertion of the following subsection after subsection (1)—
“(1A) (a) Where a presidential elector is employed by a local returning officer for any purpose in connection with a presidential election and is registered to vote in a constituency, other than one in which the employment occurs, the elector shall, on application being made by him in that behalf, be entitled to have his name entered in a supplement to the postal voters list which the registration authority is empowered to prepare and publish in accordance with section 15A of the Electoral Act, 1992 . An application under this section shall be made on a form directed by the Minister, and the local returning officer who is employing the person shall certify on the form that the person will be employed by him on polling day in connection with the election and will be unable to vote in person in the constituency at the polling station at which the presidential elector would otherwise be entitled to vote.
(b) Where an application under paragraph (a) is granted, the registration authority shall note the register of electors by placing a mark on the register against the number and name of the elector to denote that the elector’s name is on the postal voters list.
(c) Section 15A(2)(d) of the Electoral Act, 1992 , shall apply to an application for entry in a supplement to the postal voters list under paragraph (a) as if references in that provision to paragraph (a) or (b) of section 14 were a reference to this subsection.
(d) Subsection (4) of section 15A of the Electoral Act, 1992 , shall not apply to an application under this subsection.”.
Amendment of Local Government Act, 1994.
53.—The Local Government Act, 1994 , is amended—
(a) by the insertion in section 5 of “on or before polling day at the relevant local election (within the meaning of Part III) or if there is no poll in the local electoral area on or before the day which is polling day generally throughout the State in relation to the election concerned, or, as the case may be, on or before the day of co-option to a local authority” after “18 years”;
(b) by the substitution in subsection (1) of section 21 of “7 a.m.” for “8 a.m.”.
Amendment of Local Elections Regulations, 1995.
54.—The Local Elections Regulations, 1995 ( S.I. No. 297 of 1995 ), are amended—
(a) in Article 14(5) by—
(i) the substitution of “section 25(7)(d)” for “section 25(4)(c)”,
(ii) the insertion of “and a copy of the political party’s emblem as registered in the Register of Political Parties” after “relevant political party”,
(iii) the insertion of “the name of the political party only” after “ballot papers and”;
(b) in Article 51 by—
(i) the insertion of “subject to any modifications thereof provided under paragraph (aa) of sub-article (2)” after “Schedule” in sub-article (1);
(ii) the insertion of the following paragraph after paragraph (a) of sub-article (2):
“(aa) a ballot paper may include a photograph of each candidate and the registered emblem of the candidate’s political party and the form of the ballot paper as specified in the Fourth Schedule may be adjusted accordingly in accordance with directions by the Minister,”;
(iii) the insertion of “and the modifications thereof which may be provided for under paragraph (aa)” after “Schedule” in paragraph (e) of sub-article (2); and
(iv) the insertion of the following sub-article after sub-article (2):
“(3) A notice containing a copy of the ballot paper in large print shall be displayed by the presiding officer in the polling station.”;
(c) in Article 55 by the insertion of “and, where appropriate, other information concerning the poll” after “article 73” in sub-article (1);
(d) in Article 60 by the insertion of “or who are unable to read or write to such an extent” after “physically incapacitated” in paragraph (f);
(e) in Article 61 by—
(i) the insertion of “(1)” before “Where, an elector”,
and
(ii) the insertion of the following sub-article after sub-article (1):
“(2) (a) Where a local government elector is employed by a returning officer for any purpose in connection with a local election and is registered to vote in a local electoral area, other than one in which the employment occurs, the elector shall, on application being made by him or her in that behalf, be entitled to have his or her name entered in a supplement to the postal voters list which the registration authority is empowered to prepare and publish in accordance with section 15A of the Electoral Act, 1992 . An application under this sub-article shall be made on a form directed by the Minister, and the returning officer who is employing the person shall certify on the form that the person will be employed by him or her on polling day in connection with the election and will be unable to vote in person in the local electoral area at the polling station at which the local government elector would otherwise be entitled to vote.
(b) Section 15A(2)(d) of the Electoral Act, 1992 , shall apply to an application for entry in a supplement to the postal voters list under paragraph (a) as if references in that provision to paragraph (a) or (b) of section 14 were references to this sub-article.
(c) Subsection (4) of section 15A of the Electoral Act, 1992 , shall not apply to an application under this sub-article.”;
(f) in Article 65 by the insertion of “or he or she is unable to read or write to such an extent” after “physically incapacitated” in sub-article (3);
(g) in Article 73 by—
(i) the substitution of the following paragraph for paragraph (c) (including the words in brackets) of sub-article (2):
“(c) Have you reached the age of eighteen years?”;
and
(ii) the substitution of “have attained the age of eighteen years” for “had attained the age of eighteen years on or before …… (date of coming into force of the register)” in sub-article (3);
(h) in Article 76 by the insertion of the following sub-article after sub-article (1):
“(1A) For the purposes of sub-article (1), the manner in which a ballot box, being a box containing not more than 50 ballot papers, shall be opened shall be such that, although the box is opened in the presence of the agents of the candidates, the preferences on the individual ballot papers cannot be read by those agents or other persons present at the count.”;
(i) in Article 83 by—
(i) the substitution of “shall not” for “need not necessarily” in sub-article (8); and
(ii) the substitution of the following sub-article for sub-article (11)—
“(11) Subject to sub-articles (8) and (9), where two or more candidates have each an equal surplus arising from different counts, a surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count.”;
(j) in Article 86 by the insertion of the following sub-article after sub-article (1)—
“(1A) When the number of continuing candidates exceeds by one the number of vacancies remaining unfilled and the total of the votes credited to the lowest continuing candidate together with the surplus or surpluses not transferred is less than the number of votes credited to the next highest continuing candidate, the continuing candidates, with the exception of the lowest such candidate, shall thereupon be deemed to be elected.”;
(k) by the substitution of the following Article for Article 88—
“88 (1) The order in which candidates credited with a number of votes equal to or greater than the quota shall be deemed to be elected shall be the order of the count at which they were deemed to be elected.
(2) Where more than one candidate is deemed to be elected at the same count, such candidates shall be deemed to be elected in the order of magnitude of their surpluses. Where such a candidate is credited with a number of votes equal to the quota he shall, for the purposes of this article, be regarded as having had the smallest surplus at that count.
(3) Where two or more candidates are deemed to be elected at the same count with either equal surpluses or with no surpluses, the candidates shall be deemed to be elected in the order of magnitude of their original votes, beginning with the largest. Where the numbers of such original votes are equal, regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes and the surplus of the candidate credited with the greatest number of votes at that count shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts, the candidates shall, in cases where lots were drawn to determine the order in which equal surpluses were to be dealt with, be deemed to have been elected in the order so determined. In all other cases the returning officer shall determine by lot the order in which such candidates shall be deemed to have been elected.
(4) Where a single candidate is deemed to be elected under article 86 such candidate shall be deemed to have been elected last of all the candidates deemed to have been elected at that counting of votes.
(5) Where more than one candidate is deemed to be elected under article 86 they shall be deemed to be elected in the order of magnitude of the numbers of votes credited to them, beginning with the largest, and where any such numbers are equal, the question shall be determined as between such candidates as if those numbers were surpluses.”;
and
(l) in article 108 by the substitution of “50 metres” for “100 metres” in sub-article (2).
Amendment of Referendum Act, 1994.
55.—The Referendum Act, 1994 , is amended—
(a) in paragraph (b) of section 13 by the substitution of “7 a.m.” for “8 a.m.”;
(b) in section 14 by the substitution of the following subsection for subsection (6)—
“(6) The Minister for Finance (irrespective of whether an order has been made under section 13 or not) may make an advance to the referendum returning officer for the officer’s services and expenses on such terms as that Minister thinks fit.”;
(c) in section 16 by the substitution of the following subsection for subsection (3):
“(3) On the request of a local returning officer for an advance on account of the officer’s charges the Minister for Finance may, after consultation with the Minister, (irrespective of whether the scale of charges referred to in subsection (1) has been prepared or not), on such terms as the Minister for Finance thinks fit, make such an advance.”;
(d) in section 23 by the insertion of the following paragraph after paragraph (d):
“(e) a statement for the information of voters prescribed at a referendum may issue to electors on a document other than a polling information card if the statement cannot be accommodated on the polling card because of its length.”;
(e) in section 31 by the insertion of the following subsection after subsection (1):
“(1A) (a) Where a presidential elector is employed by a local returning officer for any purpose in connection with a referendum and is registered to vote in a constituency, other than one in which the employment occurs, the elector shall, on application being made by him in that behalf, be entitled to have his name entered in a supplement to the postal voters list which the registration authority is empowered to prepare and publish in accordance with section 15A of the Electoral Act, 1992 . An application under this section shall be made on a form directed by the Minister, and the local returning officer who is employing the person shall certify on the form that the person will be employed by him on polling day in connection with the referendum and will be unable to vote in person in the constituency at the polling station at which the presidential elector would otherwise be entitled to vote.
(b) Where an application under paragraph (a) is granted, the registration authority shall note the register of electors by placing a mark on the register against the number and name of the elector to denote that the elector’s name is on the postal voters list.
(c) Section 15A(2)(d) of the Electoral Act, 1992 , shall apply to an application for entry in a supplement to the postal voters list under paragraph (a) as if references in that provision to paragraph (a) or (b) of section 14 were a reference to this subsection.
(d) Subsection (4) of section 15A of the Electoral Act, 1992 , shall not apply to an application under this subsection.”.
Amendment of Seanad Electoral (University Members) Act 1937.
56.—The Seanad Electoral (University Members) Act, 1937 , is amended—
(a) in section 7(2) by the deletion of “, if a woman”;
(b) in section 8 by the insertion of the following subsection after subsection (1):
“(1A) (a) Notwithstanding the provisions of this section and the First Schedule to this Act, the governing body of every university which is a university constituency shall cause to be prepared and published a version of the register of electors which shall be known and is in this Act referred to as the ‘edited register’ in accordance with Rule 15A of the said Schedule.
(b) A person who uses information in the register prepared under subsection (1) of this section, being information which is excluded from the edited register, for a purpose, other than an electoral or other statutory purpose, shall be guilty of an offence.
(c) A governing body shall not be obliged to comply with paragraph (a) of this subsection until the day which is 3 years after the commencement of section 56 of the Electoral (Amendment) Act, 2001, but if it complies with that paragraph before that day, paragraph (b) of this subsection and section 25 (inserted by section 166 of the Principal Act) of this Act shall apply accordingly.”;
(c) in section 15 by the insertion of the following subsection after subsection (2):
“(3) On the request of a returning officer for an advance on account of his charges the Minister for Finance may, after consultation with the Minister, (irrespective of whether the scale of charges referred to in subsection (2) of this section has been prepared or not), if he thinks fit and on such terms as he thinks fit, make such an advance.”;
(d) in section 20(2) by the insertion of “and may include a photograph of each candidate in accordance with such requirements as may be prescribed in that behalf” after “perforated”;
(e) in section 25 (inserted by section 166 of the Principal Act) by the insertion of “133,” after “57,” in subsection (1);
(f) in the First Schedule—
(i) in Rule 4—
(I) by the substitution of “sent, and” for “sent.” in paragraph (c);
(II) by the insertion after paragraph (c) of the following paragraph:
“(d) that he does not wish his name and address to be used for a purpose other than an electoral or other statutory purpose.”;
(ii) in Rule 14—
(I) by the substitution of “dead, and” for “dead.” in paragraph (c);
(II) by the insertion of the following paragraph after paragraph (c);
“(d) removing from such register the name of any person, after reasonable enquiry by the registration officer, whose address or the address to which a ballot paper is to be sent is unknown.”;
(iii) in Rule 15 by the insertion of “in printed form or in electronic format” after “copy” in paragraph (d); and
(iv) by the insertion of the following Rule after Rule 15:
“15A. (1) Following publication of the revised register (within the meaning of Rule 15 of this Schedule) the registration officer shall prepare and publish a version of the register by omitting therefrom the names and addresses of registered electors who have requested that such details should not be used for a purpose other than an electoral or other statutory purpose.
(2) Where an elector whose details are included in an edited register requests the registration officer to delete the elector’s details from the edited register, the registration officer shall note the request and notify any person who received a copy of the edited register of the request.
(3) The registration officer may supply on request to any person a copy of the edited register or part thereof in printed form or in electronic format on payment of a prescribed fee.”.
Amendment of Seanad Electoral (Panel Members) Act, 1947.
57.—The Seanad Electoral (Panel Members) Act, 1947 , is amended—
(a) in section 4 by the insertion of the following subsection after subsection (3):
“(3A) On the request of the Seanad returning officer for an advance on account of his charges the Minister for Finance may, after consultation with the Minister (irrespective of whether an order under section 24 or 56 of this Act has been made or not) if he thinks fit, and on such terms as he thinks fit, make such an advance.”;
(b) in section 47 by the insertion of the following paragraph after paragraph (b) of subsection (1)—
“(bb) a ballot paper may include a photograph of each candidate in accordance with such requirements as may be prescribed;”;
and
(c) in the First Schedule by the deletion of Rule 23.
Amendment of Local Elections (Disclosure of Donations and Expenditure) Act, 1999.
58.—The Local Elections (Disclosure of Donations and Expenditure) Act, 1999 , is amended—
(a) in section 2(1)—
(i) by the insertion in the definition of “donation” after “candidate at an election”, where those words first occur, of “or a member of a local authority, political party or third party in connection with an election, plebiscite or campaign”;
(ii) by the substitution of the following definition for the definition of “local authority concerned”:
“‘local authority concerned’ means the local authority to which a candidate seeks or sought election or in whose functional area a local political matter arises;”;
(b) in section 6(1)(a) by the substitution of “paragraph (aa) and (b)” for “paragraph (b)”;
(c) in section 6(1)(a)(iii)—
(i) the substitution of “the outcome of the election.” for “the outcome of the election,”,
and
(ii) the deletion of all the words from “and shall” down to and including “at the election.”,
(d) by the insertion of the following paragraph after paragraph (a) of section 6(1)—
“(aa) The expenses mentioned in the foregoing definition of ‘election expenses’ shall be those, and only those, set out in the Schedule to this Act.”;
(e) in section 6(1)(b)(iii) by the insertion of “(including accommodation)” after “living expenses”;
(f) in section 6(1)(b)(iv) by the insertion of “(not exceeding £100 in any one payment)” after “minor”;
(g) in section 6(1)(b)(vi)(II) by the insertion of “(including recoupment of expenses)” after “normal remuneration”;
(h) in section 6 by the insertion of the following subsection after subsection (8):
“(8A) It shall be the duty of the political party concerned to furnish the relevant material referred to in subsection (8) to the relevant national agent or designated person in sufficient time to enable the agent or person to carry out his or her duties under section 13. A political party which fails to comply with this subsection shall be guilty of an offence.”;
(i) in section 13 by—
(i) in subsection (1) by—
(I) the insertion of “or an elected member” after “a designated person” where those words occur in paragraphs (a)(ii) and (b),
(II) the substitution for “A candidate” where those words occur in paragraphs (a)(iii) and (c)(i) of “An unsuccessful candidate”,
(III) the insertion of “shall be in the prescribed form and” after “The statement” in paragraph (c)(iii),
(ii) the insertion in subsection (2) of “elected member, unsuccessful” after “designated person”,
(iii) the insertion in subsection (3) of “elected member, unsuccessful” after “designated person,”;
(j) in section 14 by the insertion in subsections (1) and (2) of “or a donation statement and a statutory declaration furnished pursuant to section 19E” after “section 13(1)(a)”;
(k) in section 18 by—
(i) the substitution of “section 13, 19D or 19E” for “section 13” in subsection (1),
(ii) the substitution of “section 13 or 19E” for “section 13” in subsection (3)(a) and subsection (7),
(iii) the insertion of the following subsection after subsection (5):
“(5A) Where the local authority requests additional or supplemental information in relation to a statement furnished under section 13 such information shall be provided by the person who furnished the statement and shall be in a form, directed by the local authority, accompanied, if the local authority so requests, by a statutory declaration made by the person to the effect that to the best of his or her knowledge and belief the information is correct in every material respect and that he or she has taken all reasonable action in order to be satisfied as to the accuracy of the information.”,
(iv) the insertion of the following subsection after subsection (8):
“(9) A person shall act in accordance with guidelines or advice published or given to the person under this section unless, by so doing, the act concerned would constitute a contravention of another provision of this Act.”;
(l) in section 19 by the substitution of “section 13 or 19E” for “section 13” in subsections (1) and (2);
(m) by the insertion of the following Part after Part IV—
“PART IVA
Disclosure of Donations
Interpretation.
19A.—For the purposes of this Part—
‘account’ means an account in an institution in the State for the purpose of crediting and debiting money received in respect of donations;
‘candidate’ means a person who on or before the date of the making of the order appointing polling day in relation to an election is declared by himself or herself or by others to be a candidate at the election concerned;
‘institution’ means—
(a) the holder of a licence under section 9 of the Central Bank Act, 1971 ,
(b) a building society incorporated or deemed to be incorporated under the Building Societies Act, 1989 , or a body incorporated in a corresponding manner under the law of any other Member State of the European Communities,
(c) a trustee savings bank within the meaning of the Trustees Savings Banks Act, 1989,
(d) ACC Bank plc,
(e) An Post, or
(f) a person authorised in accordance with the European Communities (Licensing and Supervision of Credit Institutions) Regulations, 1992 ( S.I. No. 395 of 1992 ), to carry on business in the State;
‘local political matter’ means a matter relating to the policy or policies or functions of a local authority or other statutory body in which are vested functions in relation to local government;
‘political purposes’ means any of the following purposes, namely—
(i) (I) to promote or oppose, directly or indirectly, the interests of a political party or a member of a local authority, or
(II) to present, directly or indirectly, the policies or a particular policy of a political party, a member of a local authority or a third party, or
(III) to present, directly or indirectly, the comments of a political party, a member of a local authority or a third party with regard to the policy or policies of another political party, member of a local authority, third party or candidate at the election, or at a plebiscite or campaign or otherwise, or
(IV) to promote or oppose, directly or indirectly, the interests of a third party in connection with the conduct or management of any campaign conducted with a view to promoting or procuring a particular outcome in relation to a plebiscite or local political matter,
(ii) to promote or oppose, directly or indirectly, the election of a candidate at the election or to solicit votes for or against a candidate or to present the policies or a particular policy of a candidate or the views of a candidate with regard to any matter connected with the election or the comments of a candidate with regard to the policy or policies of a political party or third party or of another candidate at the election or otherwise,
(iii) otherwise to influence the outcome of the election, or a plebiscite or campaign;
‘plebiscite’ means a poll to ascertain the views or consent of qualified electors, within the meaning of section 67(2) of the Local Government Act, 1994 , in relation to a local political matter;
‘responsible person’, in relation to a third party, means a person who is responsible for the organisation, management or financial affairs of the third party;
‘third party’, in relation to a local election, plebiscite or campaign, means any person, other than a political party registered in the Register of Political Parties under Part III of the Act of 1992 or a candidate at an election, who accepts, in any particular year, a donation the value of which exceeds £100.
Limits on donation amounts.
19B.—(1) (a) Without prejudice to subsection (2), a candidate at an election shall not, directly or through any intermediary, accept in connection with the election from a particular person a donation the value of which exceeds £2,000.
(b) Without prejudice to subsection (2), none of the following persons, namely—
(i) a member of a local authority,
(ii) a political party, or
(iii) a third party,
shall, directly or through any intermediary, accept from a particular person in a particular year a donation the value of which exceeds—
(I) in case the first-mentioned person falls within subparagraph (i), £2,000,
(II) in case the first-mentioned person falls within subparagraph (ii) or (iii), £5,000.
(2) None of the persons referred to in subsection (1) shall, directly or through any intermediary, accept a donation of whatever value given by—
(a) an individual (other than an Irish citizen) who resides outside the island of Ireland, or
(b) a body corporate or an unincorporated body of persons which does not keep an office in the island of Ireland, being an office from which the carrying on of one or more of its principal activities is directed.
(3) For the avoidance of doubt, if the provisions of section 23A or 48A of the Electoral Act, 1997 , fall to be applied to anything referred to in subsection (1) or (2), the provisions of the said section 23A or 48A (as the case may be) and subsection (1) or (2) shall be construed as permitting only one donation of the value of £2,000 or £5,000, as the case may be (or two or more donations of a total value of the said amount) to be received from a particular person in relation to the same matter.
(4) Where a person makes more than one donation in the same year to the same member of a local authority or, in relation to the same election, plebiscite or campaign, to the same candidate or political party or, in connection with the same election, plebiscite or campaign, to the same third party, all such donations shall, for the purposes of this section, be aggregated and treated as a single donation received by the person concerned and references in subsequent provisions of this section to a donation the acceptance of which is prohibited by subsection (1) shall be construed accordingly.
(5) The limits referred to in subsection (1) shall not apply to the provision by any person of a constituency office to an individual or, if more than one such office is provided to the individual, whichever one of those offices is nominated in writing by the individual for the purposes of this subsection.
(6) Where, notwithstanding subsection (1) or (2), a donation the acceptance of which is prohibited by either subsection, is made to a person referred to therein the donee shall, not later than 14 days after the receipt of the donation, either—
(a) return the donation, or, in the case of a donation referred to in subsection (1) which is a monetary donation, the part of it exceeding the limit concerned, to the donor and keep a written record of that return for the purposes of its being furnished to the local authority concerned, if required by it, or
(b) notify the local authority concerned of such receipt and remit the donation, or, in the case of a donation referred to in subsection (1) which is a monetary donation, the part of it exceeding the limit concerned or the value thereof to the authority.
(7) A local authority shall dispose of all moneys, property or goods received by it under subsection (6) in such manner as it determines.
Variation of monetary amounts by order of Minister.
19C.—(1) The Minister may, by order, vary any monetary amount specified in section 19A, 19B, 19D, 19E or 19F having regard to any change in the consumer price index since the coming into operation of the provision for the time being in force specifying the amount in question, including an order under this section, and may, by order, amend or revoke any such order.
(2) For the purposes of this section, ‘change in the consumer price index’ means the difference between the consumer price index number last published before the date of the order under this section and the said number last published before the date of the coming into force of the provision specifying the amount applying immediately before the making of the said order, including an order under this section, expressed as a percentage of the last-mentioned number.
(3) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything done thereunder.
Political donations accounts.
19D.—(1) A member of a local authority, a candidate at an election or a third party who receives, in any particular year, a monetary donation the value of which exceeds £100 shall open and maintain an account in an institution in the State and shall lodge that donation and any further monetary donations received by him or her to that account.
(2) A member of a local authority or an unsuccessful candidate at an election shall ensure that, in the case of a member, the donation statement furnished by him or her under section 19E to a local authority and, in the case of an unsuccessful candidate, the statement furnished by him or her under section 13, is accompanied by—
(a) a statement provided by the institution referred to in subsection (1) with which he or she has opened the account referred to therein specifying the transactions that have taken place in relation to the account, in the case of a member of a local authority, during the year preceding the year in which the said donation statement is furnished or, in the case of an unsuccessful candidate, during the period beginning on the date of opening of the account and ending on polling day at the election, and
(b) a certificate, in the form directed by the Minister, signed by the member or unsuccessful candidate, stating that all donations referred to in subsection (1) that were received by him or her during the said preceding year or said period, as the case may be, were lodged to the said account and all amounts debited from that account were used for political purposes.
(3) Not later than 31 March in every year, the responsible person of a third party shall furnish to the local authority concerned a statement provided by the institution referred to in subsection (1) with which the third party has opened the account referred to therein specifying the transactions that have taken place in relation to the account during the preceding year together with a certificate, in the form directed by the Minister, signed by him or her stating that all donations referred to in subsection (1) that were received by the third party during the preceding year were lodged to the said account and all amounts debited from that account were used for political purposes.
(4) The certificate to be furnished under subsection (2) or (3) shall be accompanied by a statutory declaration made by the person by whom the certificate is furnished that, to the best of the person’s knowledge and belief, the statement is correct in every material respect and that the person has taken all reasonable action in order to be satisfied as to the accuracy of the certificate.
(5) If a person to whom subsection (2) applies dies before the expiration of the period for the furnishing of the donation statement or, as the case may be, the statement under section 13 referred to in that subsection to the local authority concerned the requirements of that subsection with respect to that statement being accompanied by the statement and certificate referred to therein shall not apply.
(6) A local authority shall retain the statements, certificates and statutory declarations furnished to it pursuant to subsection (2) or (3) and shall not disclose the contents of those statements, certificates or declarations unless ordered by a court to do so or save when such disclosure is required in connection with an investigation held by the local authority.
(7) A member of a local authority, a candidate at an election, a third party or the responsible person of a third party, as the case may be, who fails to comply with subsection (1), (2), (3) or (4) shall be guilty of an offence.
Donation statement.
19E.—(1) Not later than the 31st day of January in every year, each person who, in the preceding year, was a member of a local authority shall furnish to the local authority concerned a written statement, in the form directed by the Minister, in respect of the preceding year indicating whether during that year the member received a donation the value of which exceeded £500 and stating in respect of each such donation (if any)—
(i) the value of the donation, and
(ii) the name, description and postal address of the person by or on whose behalf the donation was made.
(2) A statement furnished pursuant to subsection (1) (which shall be known, and is referred to in this Act, as a ‘donation statement’) shall be accompanied by a statutory declaration made by the person by whom the statement is furnished that, to the best of the person’s knowledge and belief, the statement is correct in every material respect and that the person has taken all reasonable action in order to be satisfied as to the accuracy of the statement.
(3) It shall be the duty of every person who is required by this section to furnish a donation statement and make a declaration to make such enquiries and maintain such records as are necessary for the purpose of furnishing the said statement and making the declaration.
(4) If the person to whom subsection (1) applies dies before the expiration of the period for furnishing a statement under that subsection, such statement shall not be required to be made to the local authority concerned.
Anonymous donations.
19F.—(1) A member of a local authority, a candidate at a local election or a third party at a local election or a plebiscite or in connection with a campaign or otherwise shall not, directly or through any intermediary, accept a donation the value of which exceeds £100 unless the name and address of the person by or on whose behalf the donation is made are known to the member, candidate or third party, as the case may be.
(2) Where, notwithstanding subsection (1), a donation, acceptance of which is prohibited by that subsection, is made to a member of a local authority, a candidate at a local election or a third party at a local election or a plebiscite or in connection with a campaign or otherwise, the member, candidate or party concerned shall, not later than 14 days after the receipt of such donation, notify the local authority concerned in writing of such receipt and remit the donation or the value thereof to the local authority.
(3) The said local authority shall cause a copy of each notification received under subsection (2) by it to be laid before the members of the local authority and shall dispose of all moneys, property or goods received under the said subsection in such manner as it determines.
Registration of third parties.
19G.—As soon as may be after the receipt by it of a donation the value of which exceeds £100 and before incurring any expenses for political purposes or, as the case may be, incurring, subsequent to that receipt, any further such expenses, a third party shall furnish to the local authority concerned in writing—
(a) the name and address of the third party and the name and address of the responsible person or each responsible person in relation to the third party,
(b) a statement of the nature, purpose and estimated amount of the donations to, and proposed expenses of, the third party in any year, and
(c) an indication of the third party’s connection, if any, with any political party or candidate at the election or with plebiscite or campaign.”;
(n) in section 20 by—
(i) the deletion of “donations and” after “statement of” and the substitution of “section 13(1)(a)(ii)” for “subsection 13(1)(a)(iii)” in subsection (2),
(ii) the substitution of “pursuant to section 13” for “of donations and election expenses” in subsection (4);
(o) in section 21 by—
(i) the insertion of the following subsections after subsection (4)—
“(4A) A person to whom section 19D applies shall be guilty of an offence if he or she—
(a) fails to furnish the statement of an institution, certificate or statutory declaration required by subsection (2) or (3) of section 19D on or before the relevant specified date, or
(b) knowingly furnishes such a statement, certificate or declaration which is false or misleading in any material respect.
(4B) A person shall be guilty of an offence if he or she—
(a) fails to notify the local authority concerned in accordance with section 19B or 19F of the receipt of a donation acceptance of which is prohibited by that section,
(b) fails to remit to the local authority concerned or donor in accordance with section 19B or 19F such a donation or part of a donation or value thereof,
(c) fails to furnish the statement and make the statutory declaration required by section 19E on or before the relevant specified date,
(d) knowingly furnishes a donation statement or makes a statutory declaration required by section 19E which is false or misleading in any material respect, or
(e) fails to comply with section 19G.”;
(ii) by the insertion of “or section 19B, 19D, 19E, 19F or 19G” after “this section” in subsection (5)(a);
(iii) the substitution of “(3)(c), (4A)(b) or (4B)(d)” for “or (3)(c)” in subparagraph (ii) of subsection (5)(a);
(iv) the insertion of “or a statement or certificate or statutory declaration under section 19D or 19E” after “section 13” in paragraph (b) of subsection (5); and
(p) by the insertion of the following Schedule after section 25:
“
SCHEDULE
1. The following are the expenses referred to in section 6(1)(aa):
(a) Advertising (whatever the medium used).
Expenses in respect of such advertising include agency fees, design costs and other costs incurred in connection with preparing, producing, distributing or otherwise disseminating such advertising.
(b) Publicity.
Expenses in respect of that matter include expenses incurred in respect of party political broadcasts, the provision of any services or facilities in connection with press conferences or other dealings with the media, media advice and training and photography.
(c) Election posters.
Expenses in respect of such material include the costs of the design, production, printing, erection and removal of election posters.
(d) Other election material.
Expenses in respect of such material include the design, production, printing and disseminating of such material (other than posters) including canvass cards, election leaflets, election manifestos, newsletters and any other promotional election material.
(e) Office and stationery.
Expenses in respect of those matters include costs incurred in the rental or use of an office premises or meeting rooms for election purposes (other than for the purposes of annual or other party conferences) and the costs of heating, electricity, insurance, purchase or rental of office equipment, telephones, stationery and postage.
(f) Transport and travel.
Expenses in respect of those matters include expenses incurred on transport and travel (by any means), petrol and diesel, rental or use of campaign vehicles, rental or use of vehicles for transport of voters on polling day, accommodation costs, taxi and hackney services and courier services.
(g) Market Research.
Expenses in respect of that matter include expenses incurred in the taking of an opinion poll or other similar survey relating to an election within the period of 60 days before polling day at the election by or on behalf of a political party or a candidate at the election.
(h) Campaign workers.
Expenses in respect of that matter include payments to campaign workers, insurance and other costs.
2. For the avoidance of doubt, nothing in paragraph 1 of this Schedule extends to any of the matters referred to in section 6(1)(b).”.
ELECTORAL (AMENDMENT) ACT, 2002
AN ACT TO AMEND AND EXTEND THE ELECTORAL ACTS, 1992 TO 2001, THE EUROPEAN PARLIAMENT ELECTIONS ACTS, 1992 TO 2001, THE LOCAL ELECTIONS REGULATIONS 1995, THE LOCAL ELECTIONS (DISCLOSURE OF DONATIONS AND EXPENDITURE) ACT, 1999, AND TO PROVIDE FOR RELATED MATTERS. [25th March, 2002]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Amendment of Electoral Act, 1992.
1.—The Electoral Act, 1992 , is amended—
(a) in section 15(2) by inserting “to the procedure for making applications under subsection (1) and” after “shall apply”,
(b) in section 44, by substituting the following for paragraph (b):
“(b) the local authority offices where persons registered as Dáil electors in the constituency may assent to the nomination of a candidate referred to in section 46(4A);”,
(c) in section 46(2), by inserting the following after paragraph (a):
“(aa) a note of—
(i) the details to be entered on the nomination paper of a candidate referred to in subsection (4A) by a person assenting in accordance with this section to that candidate’s nomination, and
(ii) the form of identification to be produced by the assentor;”,
(d) in section 46, by inserting the following after subsection (4):
“(4A) In the case of a candidate whose candidature is not authenticated by a certificate of political affiliation under subsection (4), the candidate’s nomination shall, before delivery of his nomination paper to the returning officer in accordance with section 50, be assented to by 30 persons (excluding the candidate and any proposer) who are registered as Dáil electors in the constituency.
(4B) The following provisions apply in respect of the assents required by subsection (4A) to the nomination of a candidate referred to in that subsection:
(a) the candidate or the candidate’s proposer, if any, shall complete part of a nomination paper as directed on that paper and lodge the paper in the prescribed local authority offices for the constituency;
(b) the local authority shall number any nomination papers lodged under paragraph (a) in the order in which they are lodged;
(c) where more than one nomination paper for the same candidate is lodged with the local authority, the first such nomination paper shall be deemed to be the nomination paper for that candidate for that election unless the candidature is withdrawn under section 54 or is deemed under section 62(1) to have been withdrawn;
(d) to assent to the nomination, a person registered as a Dáil elector in the constituency shall sign the candidate’s nomination paper and produce a prescribed photographic identification to the local authority official;
(e) the local authority official shall note the following details on the nomination paper and then sign the note:
(i) the assentor’s number on the register of electors;
(ii) the form of identification produced by the assentor, including any number on it;
(iii) the time and date of the assentor’s signature on the paper;
(f) where the nomination paper bears the signatures of more than the required number of qualified assentors, the signatures (up to the required number of those assentors) appearing first on the nomination paper shall be taken into account to the exclusion of any others;
(g) where a person registered as a Dáil elector in the constituency signs as assentor the nomination papers of 2 or more different candidates in the same election, that person’s signature on the first such nomination paper lodged with the local authority shall alone be regarded and that person’s signature on every other nomination paper shall be disregarded.
(4C) For the purposes of subsections (4A) and (4B), a person whose application to have his name entered in a supplement to the register of electors is approved by the registration authority at or before the latest time for delivery of a nomination paper to the returning officer shall be deemed to be registered as a Dáil elector in the applicable constituency.”,
(e) by repealing sections 47 and 48,
(f) in section 52, by substituting the following for subsection (1):
“(1) The returning officer shall rule on the validity of each nomination paper within one hour after its delivery and may rule that it is invalid if, but only if, the returning officer considers that—
(a) in the case of the nomination paper of a candidate referred to in section 46(4A), the nomination is not assented to in the manner required by section 46, and
(b) in the case of the nomination paper of any candidate, the paper is for any other reason not properly made out or signed.”,
(g) in section 52(7) by deleting “47(1) or”,
(h) in section 124(3) by substituting “the purposes of subparagraph (ii) (inserted by the Electoral (Amendment) Act, 2001 ) of section 21 (1)(a) of the Electoral Act, 1997 ” for “the purposes of section 48(1)(e)”, and
(i) in the Second Schedule by inserting the following in Part II:
“14A. (1) Subject to paragraph (2), an application to be entered on the supplement to the register of electors shall be made by the applicant directly to the registration authority and the declaration on the application shall—
(a) before the application is submitted to the registration authority, be signed by the applicant in the presence of a member of the Garda Síochána from the applicant’s local Garda station who, on being satisfied of the applicant’s identity, including if necessary, by the production of photographic identification and any other identification that may be requested by that member, shall sign, date and stamp the application form, or
(b) where the applicant establishes in writing that he is unable to comply with subparagraph (a), be signed by the applicant in the presence of 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 identification that may be requested by that officer, shall sign, date and stamp the application form.
(2) Where the applicant is unable, due to a physical illness or physical disability, to comply with paragraph (1), the application shall be accompanied by a certificate in the form directed by the Minister from a medical practitioner certifying—
(a) the nature and extent of the applicant’s physical illness or physical disability, and
(b) an indication of the expected duration of that illness or disability.
(3) Nothing in this rule limits the powers that are given to the registration authority under rule 5(3) and that under rule 15(1) apply in relation to the consideration of an application to be entered on the supplement to the register of electors.”.
Amendment of European Parliament Elections Act, 1997.
2.—The European Parliament Elections Act, 1997 , is amended—
(a) in section 12, by inserting the following after subsection (1):
“(1A) In the case of a candidate whose candidature is not authenticated by a certificate of political affiliation under rule 5(3) of the Second Schedule, the candidate’s nomination shall, before delivery of his or her nomination paper to the returning officer in accordance with rule 11 of that Schedule, be assented to by 60 persons (excluding the candidate and any proposer) who are registered as European electors in the constituency.
(1B) The following provisions apply in respect of the assents required by subsection (1A) to the nomination of a candidate referred to in that subsection:
(a) the candidate or the candidate’s proposer, if any, shall complete part of a nomination paper as directed on the nomination paper and lodge the paper in the prescribed local authority offices for the constituency;
(b) the local authority shall number any nomination papers lodged under paragraph (a) in the order in which they are lodged;
(c) where more than one nomination paper for the same candidate is lodged with the local authority, the first such nomination paper shall be deemed to be the nomination paper for that candidate for that European election unless the candidature is withdrawn under rule 15 of the Second Schedule or is deemed under rule 27 of the Second Schedule to have been withdrawn;
(d) to assent to the nomination, a person registered as a European elector in the constituency shall sign the candidate’s nomination paper and produce a prescribed photographic identification to the local authority official;
(e) the local authority official shall note the following details on the nomination paper and then sign the note:
(i) the assentor’s number on the register of electors;
(ii) the form of identification produced by the assentor, including any number on it;
(iii) the time and date of the assentor’s signature on the paper;
(f) where the nomination paper bears the signatures of more than the required number of qualified assentors, the signatures (up to the required number of those assentors) appearing first on the nomination paper shall be taken into account to the exclusion of any others;
(g) where a person registered as a European elector in the constituency signs as assentor the nomination papers of 2 or more different candidates in the same election, that person’s signature on the first such nomination paper lodged with the local authority shall alone be regarded and that person’s signature on every other nomination paper shall be disregarded.
(1C) For the purposes of subsections (1A) and (1B), a person whose application to have his or her name entered in a supplement to the register of electors is approved by the registration authority at or before the latest time for delivery of a nomination paper to the returning officer shall be deemed to be registered as a European elector in the constituency.”,
(b) by repealing section 13,
(c) in rule 2 of the Second Schedule, by substituting the following for paragraph (b):
“(b) the local authority offices where persons registered as European electors in the constituency may assent to the nomination of a candidate referred to in section 12(1A),”,
(d) in rule 5 of the Second Schedule, by inserting the following after subparagraph (a) of paragraph (1):
“(aa) a note of—
(i) the details to be entered on the nomination paper of a candidate referred to in section 12(1A) by a person assenting in accordance with section 12 to the candidate’s nomination, and
(ii) the form of identification to be produced by the assentor;”,
(e) by deleting rules 8 and 9 of the Second Schedule,
(f) in rule 13(1) of the Second Schedule, by substituting the following for subparagraph (a):
“(a) The returning officer shall rule on the validity of each nomination paper within one hour after its delivery and, subject to subparagraph (b), may rule that it is invalid if, but only if, the returning officer considers that—
(i) in the case of the nomination paper of a candidate referred to in section 12(1A), the nomination is not assented to in the manner required by section 12, and
(ii) in the case of the nomination paper of any candidate, the paper is for any other reason not properly made out or signed.”,
(g) in rule 13(7) of the Second Schedule, by deleting “section 13 or”, and
(h) in rule 88(3) of the Second Schedule, by substituting “ section 21 of the Electoral Act, 1997 ” for “rule 9(1)(e)”.
Amendment of Local Elections Regulations 1995.
3.—The Local Elections Regulations 1995 ( S.I. No. 297 of 1995 ) are amended—
(a) in article 11, by substituting the following for paragraph (b):
“(b) the local authority offices where electors may assent to the nomination of a candidate referred to in article 14(6A),”,
(b) in article 14(2), by substituting “nomination paper in the form directed by the Minister.” for “nomination paper in the form specified in Part 1 of the Schedule.”,
(c) in article 14, by inserting the following after sub-article (6):
“(6A) In the case of a candidate whose candidature is not authenticated by a certificate of political affiliation under sub-article (5), the candidate’s nomination shall, before delivery of the candidate’s nomination paper to the returning officer in accordance with article 18, be assented to by 15 persons (excluding the candidate and any proposer) who are electors in the local electoral area.
(6B) The following provisions apply in respect of the assents required by sub-article (6A) to the nomination of a candidate referred to in that sub-article:
(a) the candidate or the candidate’s proposer, if any, shall complete part of a nomination paper as directed on the nomination paper and lodge the paper in the offices of the local authority for which the election is held;
(b) the local authority shall number any nomination papers lodged under paragraph (a) in the order in which they are lodged;
(c) where more than one nomination paper for the same candidate is lodged with the local authority, the first such nomination paper shall be deemed to be the nomination paper for that candidate for that election unless the candidature is withdrawn under article 22 or is deemed under article 25(2) or 28(1) to have been withdrawn;
(d) to assent to the nomination, an elector in the local electoral area shall sign the candidate’s nomination paper and produce a specified photographic identification to the local authority official;
(e) the local authority official shall note the following details on the nomination paper and then sign the note:
(i) the assentor’s number on the register of electors;
(ii) the form of identification produced by the assentor, including any number on it;
(iii) the time and date of the assentor’s signature on the paper;
(f) where the nomination paper bears the signatures of more than the required number of qualified assentors, the signatures (up to the required number of those assentors) appearing first on the nomination paper shall be taken into account to the exclusion of any others;
(g) where an elector in the constituency signs as assentor the nomination papers of 2 or more different candidates in the same election, that elector’s signature on the first such nomination paper lodged with the local authority shall alone be regarded and the elector’s signature on every other nomination paper shall be disregarded.
(6C) For the purposes of sub-articles (6A) and (6B)—
(a) a person whose application to have his or her name entered in the supplement to the register is approved by the registration authority at or before the latest time for delivery of a nomination paper to the returning officer shall be deemed to be an elector in the local electoral area, and
(b) any type of photographic identification that for the time being is prescribed under section 3 of the Act of 1992 for the purposes of section 46(4B)(d) of that Act is considered to be ‘specified photographic identification’ as referred to in sub-article (6B)(d).”,
(d) by revoking articles 15 and 16,
(e) in article 20, by substituting the following for sub-article (1):
“(1) The returning officer shall rule on the validity of each nomination paper within one hour after its delivery and may rule that it is invalid if, but only if, the returning officer considers that—
(a) in the case of the nomination paper of a candidate referred to in article 14(6A), the nomination is not assented to in the manner required by article 14, and
(b) in the case of the nomination paper of any candidate, the paper is for any other reason not properly made out or signed.”,
(f) in article 20(7), by deleting “15(1)”,
(g) by revoking article 86(3), and
(h) by revoking Part 1 of the Schedule.
Amendment of Electoral Act, 1997.
4.—The Electoral Act, 1997 , is amended—
(a) in section 22(2)(a) by deleting in subparagraph (v) “the commercial price, or” and substituting “the commercial price,” and by substituting the following for subparagraph (vi):
“(vi) in the case of a contribution made by a person in connection with an event organised for the purpose of raising funds for a member of either House of the Oireachtas, a representative in the European Parliament or a third party or a candidate at a Dáil, Seanad or European election, the proportion attributable to that contribution of the net profit, if any, deriving from the event, or
(vii) in the case of a contribution made by a person in connection with an event organised for the purpose of raising funds for a political party, the proportion attributable to that contribution of the net profit, if any, that is derived from the event and that, although not specifically raised for the purpose of supporting one or more of the political party’s candidates at a Dáil, Seanad or European election, is used for the latter purpose;”,
(b) in section 22(2)(b) by substituting the following subparagraph for subparagraph (vi):
“(vi) expenses incurred by a political party on behalf of a candidate authenticated by the political party at a Dáil or European election, member of either House of the Oireachtas or representative in the European Parliament, other than a donation of money.”,
(c) by inserting the following in section 25 after subsection (2):
“(2A) It shall be a defence to a prosecution of—
(a) the appropriate officer of a political party or the person deemed to have been appointed as the appropriate officer under section 71, or
(b) the responsible person of a third party or of an accounting unit,
for an offence under subsection (1)(a) or (b) that he or she did not know and could not reasonably have known of the receipt of a donation acceptance of which is prohibited by section 23 or 23A or a donation the value of which exceeds the relevant amount specified in section 24(4).”, and
(d) by substituting the following for subparagraph (d) of paragraph 2 of the Schedule (inserted by the Electoral (Amendment) Act, 2001 ):
“(d) necessary travelling expenses incurred by a candidate or an assentor in meeting the requirements of section 46(4A) and (4B) of the Act of 1992 and section 12(1A) and (1B) of the Act of 1997,”.
Amendment of Local Elections (Disclosure of Donations and Expenditure) Act, 1999.
5.—The Local Elections (Disclosure of Donations and Expenditure) Act, 1999 , is amended in section 6(1)(b) by substituting the following for subparagraph (i):
“(i) necessary travelling expenses incurred by a candidate or an assentor in meeting the requirements of article 14(6A) and (6B) of the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 );”.
Short title, collective citation and construction.
6.—(1) This Act may be cited as the Electoral (Amendment) Act, 2002.
(2) The Electoral Acts, 1992 to 2001, and this Act may be cited together as the Electoral Acts, 1992 to 2002, and shall be read together as one.
(3) The European Parliament Elections Acts, 1992 to 2001, 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 2002, and shall be read together as one.
(4) The Local Elections Acts, 1974 to 2001, and this Act (in so far as it relates to local elections) may be cited together as the Local Elections Acts, 1974 to 2002, and shall be read together as one.
ELECTORAL (AMENDMENT) ACT 2011
AN ACT TO AMEND THE ELECTORAL ACT 1992; TO AMEND THE ELECTORAL ACT 1997; AND TO PROVIDE FOR RELATED MATTERS.
[25th July, 2011]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Definition.
1.— In this Act “Act of 1997” means the Electoral Act 1997 .
Amendment of section 39 of Electoral Act 1992.
2.— Section 39 of the Electoral Act 1992 is amended by inserting the following subsection after subsection (2):
“(2A) Notwithstanding subsection (2), where the Dáil has not directed the Chairman of the Dáil pursuant to that subsection within a period of 6 months from the date on which the vacancy occurred, the Chairman of the Dáil (or, where he or she is unable through illness, absence or other cause to fulfil his or her duties or where there is a vacancy in the office of Chairman, the Deputy Chairman of the Dáil) shall, as soon as practicable after the expiration of that period, direct the Clerk of the Dáil to issue a writ to the returning officer for the constituency in which the vacancy occurred directing the returning officer to cause an election to be held to fill the said vacancy.”.
Amendment of section 6 of Act of 1997.
3.— Section 6 (amended by section 9 of the Electoral (Amendment) Act 2009 ) of the Act of 1997 is amended in subsection (2) by substituting the following paragraph for paragraph (a):
“(a) the total number of members of the Dáil, subject to Article 16.2.2 of the Constitution, shall be not less than 153 and not more than 160;”.
Amendment of section 21 of Act of 1997.
4.— Section 21 of the Act of 1997 is amended—
(a) in paragraph (a) of subsection (2) by deleting “a presidential election or”, and
(b) in subsection (4) by deleting “and, insofar as it relates to presidential elections, has the meaning assigned to it in section 52”.
Reimbursement of expenses at presidential elections.
5.— (1) The Act of 1997 is amended by inserting the following section after section 21:
“21A.— (1)(a) Subject to paragraphs (b), (c) and (d), election expenses shall be reimbursed to a candidate at a presidential election who—
(i) is elected at the election, or
(ii) is not so elected but the greatest number of votes credited to him or her at any stage of thecounting of votes at the election exceeds one quarter of the quota.
(b) The amount of election expenses which may bereimbursed to a candidate under this section shall be the actual expenses incurred by the candidate or €200,000 whichever is the less.
(c) Subject to paragraph (d), payments in respect of the reimbursement of election expenses under this section shall be made by the Minister for Finance, with the approval of the Minister for Public Expenditure and Reform, out of the Central Fund or the growing produce thereof to each candidate referred to in paragraph (a), who applies to the Standards in Public Offices Commission in a form directed by the Commission.
(d) No payment in respect of the reimbursement of election expenses of a candidate shall be made under this section unless and until the Standards in Public Offices Commission has—
(i) certified to the Minister for Public Expenditure and Reform that the relevant statement of election expenses and statutory declaration have been furnished by the election agent of the candidate to the Commission under section 56,
(ii) certified to the said Minister that the said statement was completed in accordance with guidelines issued by the Commission under section 4, and complies with Part VI, and
(iii) furnished to the said Minister details of the amount of the actual expenses incurred by the candidate.
(2) The Standards in Public Offices Commission shall furnish to the Minister for Public Expenditure and Reform, as soon as may be after consideration by it of an application for reimbursement of election expenses under subsection (1)(c) and the statement of election expenses furnished to it in respect of the candidate under section 56, the details referred to in subsection (1)(d) in respect of each candidate who is eligible for reimbursement of election expenses at a presidential election.
(3) (a) Where a candidate referred to in subsection (1)(a) dies after the close of the poll at an election and has not made an application for the reimbursement of election expenses under this section, an application for the reimbursement of the said candidate’s election expenses may be made by, and where appropriate, the payment may be made to, the personal representative of the candidate.
(b) Where a candidate referred to in subsection (1)(a) dies after making an application for the reimbursement of election expenses under this section and before payment is made to the candidate, payment in respect of the reimbursement of the said candidate’s expenses may be made to the personal representative of the candidate.
(c) Every payment made to a candidate, or the personal representative of a candidate, as the case may be under this section shall not be liable to income tax.
(4) In this section ‘election expenses’ has the meaning assigned to it by section 52.”.
(2) The Presidential Election (Reimbursement of Expenses) Regulations 2004 ( S.I. No. 442 of 2004 ) are revoked.
Limitation of presidential election expenses.
6.— (1) The Act of 1997 is amended by substituting the following section for section 53:
“53.— The aggregate of election expenses which may be incurred by or on behalf of a candidate at a presidential election in connection with his or her candidature at a presidential election shall not exceed €750,000.”.
(2) The Electoral Act 1997 (Section 53) Order 2004 ( S.I. No. 441 of 2004 ) is revoked.
Consequential amendments to Act of 1997.
7.— The Act of 1997 is amended—
(a) in section 3 by substituting the following subsection for subsection (1):
“(1) The Minister may, by order, vary any monetary amount specified in section 21, 21A, 22, 23, 23A, 23B, 24(1A), 24(4), 26(1), 30, 31, 32, 46, 47, 48(1), 48A, 48B, 51, 52 or 53, or in regulations made under section 21 or in an order made under section 33(1), having regard to any change in the consumer price index since the coming into operation of the provision for the time being in force specifying the amount in question, including an order under this section.”,
(b) in section 60 by substituting the following subsection for subsection (2):
“(2) The limits on election expenses at the fresh election for surviving candidates and candidates nominated at the fresh election shall be the relevant amount specified in section 53.”,
and
(c) in paragraph (a) of subsection (2) of section 61 by deleting “an order for the time being in force under”.
Short title, collective citation and construction.
8.— (1) This Act may be cited as the Electoral (Amendment) Act 2011.
(2) The Electoral Acts 1992 to 2009 and this Act may be cited together as the Electoral Acts 1992 to 2011 and shall be read together as one.
ELECTORAL (AMENDMENT) (NO. 2) ACT 2014
An Act to provide in certain circumstances for the Clerk-Assistant of Dáil Éireann to perform the functions of the Clerk of Dáil Éireann and for the Clerk-Assistant of Seanad Éireann to perform the functions of the Clerk of Seanad Éireann; and to provide for related matters. [26 th July, 2014]
Be it enacted by the Oireachtas as follows:
Absence, incapacity or vacancy in office of Clerk of Dáil Éireann
1. (1) If and so long as the office of Clerk of Dáil Éireann is vacant or the holder of that office is unable through illness, absence or other cause to perform his or her functions under any of the relevant statutory provisions, the functions conferred on the said Clerk by those provisions shall be performed by the Clerk-Assistant of Dáil Éireann and relevant references in the relevant Acts to the Clerk of Dáil Éireann shall be construed as references to the Clerk-Assistant of Dáil Éireann and any connected references shall be construed accordingly.
(2) In this section—
“relevant Acts” means—
(a) the Electoral Act 1992 ,
(b) the European Parliament Elections Act 1997 ,
(c) the Presidential Elections Act 1993 ,
(d) the Referendum Act 1994 ,
(e) the Seanad Electoral (Panel Members) Act 1947 , and
(f) the Seanad Electoral (University Members) Act 1937 ;
“relevant statutory provisions” means—
(a) sections 31 , 35 (1), 36 (2), 40 , 58 (b), 62 , 63 , 76 , 129 , 130 (5) and 131 of the Electoral Act 1992 and rules 3(4) and 12(2) of the Third Schedule to that Act,
(b) rules 19 and 92(3) of the Second Schedule to the European Parliament Elections Act 1997 ,
(c) section 15 (3) of the Presidential Elections Act 1993 ,
(d) section 10 (4) of the Referendum Act 1994 ,
(e) sections 1 3(3), 15 (1), 17 , 19 (2), 20 , 45 (2), 66 , 67 and 69 of the Seanad Electoral (Panel Members) Act 1947 and rule 27 of the First Schedule and rule 23 of the Third Schedule to that Act, and
(f) section 18 of the Seanad Electoral (University Members) Act 1937 and rule 22 of the Second Schedule to that Act.
Absence, incapacity or vacancy in office of Clerk of Seanad Éireann
2. (1) If and so long as the office of Clerk of Seanad Éireann is vacant or the holder of that office is unable through illness, absence or other cause to perform his or her functions under any of the relevant statutory provisions, the functions conferred on the said Clerk by those provisions shall be performed by the Clerk-Assistant of Seanad Éireann and relevant references in the relevant Acts to the Clerk of Seanad Éireann shall be construed as references to the Clerk-Assistant of Seanad Éireann and any connected references shall be construed accordingly.
(2) In this section—
“relevant Acts” means—
(a) the Electoral Act 1992 ,
(b) the Presidential Elections Act 1993 ,
(c) the Seanad Electoral (Panel Members) Act 1947, and
(d) the Seanad Electoral (University Members) Act 1937 ;
“relevant statutory provisions” means—
(a) section 25B(3) of the Electoral Act 1992 ,
(b) section 15 (3) of the Presidential Elections Act 1993 ,
(c) sections 55 (1) and 81 of the Seanad Electoral (Panel Members) Act 1947 , and
(d) sections 13 (1), 18 , 31 and 32 of the Seanad Electoral (University Members) Act 1937 and rule 22 of the Second Schedule to that Act.
Short title, construction and collective citation
3. (1) This Act may be cited as the Electoral (Amendment) (No. 2) Act 2014.
(2) This Act shall be included in the collective citation “Electoral Acts 1992 to 2014” and shall be read together as one with those Acts.
ELECTORAL (AMENDMENT) (NO. 2) ACT 2014
An Act to provide in certain circumstances for the Clerk-Assistant of Dáil Éireann to perform the functions of the Clerk of Dáil Éireann and for the Clerk-Assistant of Seanad Éireann to perform the functions of the Clerk of Seanad Éireann; and to provide for related matters. [26 th July, 2014]
Be it enacted by the Oireachtas as follows:
Absence, incapacity or vacancy in office of Clerk of Dáil Éireann
1. (1) If and so long as the office of Clerk of Dáil Éireann is vacant or the holder of that office is unable through illness, absence or other cause to perform his or her functions under any of the relevant statutory provisions, the functions conferred on the said Clerk by those provisions shall be performed by the Clerk-Assistant of Dáil Éireann and relevant references in the relevant Acts to the Clerk of Dáil Éireann shall be construed as references to the Clerk-Assistant of Dáil Éireann and any connected references shall be construed accordingly.
(2) In this section—
“relevant Acts” means—
(a) the Electoral Act 1992 ,
(b) the European Parliament Elections Act 1997 ,
(c) the Presidential Elections Act 1993 ,
(d) the Referendum Act 1994 ,
(e) the Seanad Electoral (Panel Members) Act 1947 , and
(f) the Seanad Electoral (University Members) Act 1937 ;
“relevant statutory provisions” means—
(a) sections 31 , 35 (1), 36 (2), 40 , 58 (b), 62 , 63 , 76 , 129 , 130 (5) and 131 of the Electoral Act 1992 and rules 3(4) and 12(2) of the Third Schedule to that Act,
(b) rules 19 and 92(3) of the Second Schedule to the European Parliament Elections Act 1997 ,
(c) section 15 (3) of the Presidential Elections Act 1993 ,
(d) section 10 (4) of the Referendum Act 1994 ,
(e) sections 1 3(3), 15 (1), 17 , 19 (2), 20 , 45 (2), 66 , 67 and 69 of the Seanad Electoral (Panel Members) Act 1947 and rule 27 of the First Schedule and rule 23 of the Third Schedule to that Act, and
(f) section 18 of the Seanad Electoral (University Members) Act 1937 and rule 22 of the Second Schedule to that Act.
Absence, incapacity or vacancy in office of Clerk of Seanad Éireann
2. (1) If and so long as the office of Clerk of Seanad Éireann is vacant or the holder of that office is unable through illness, absence or other cause to perform his or her functions under any of the relevant statutory provisions, the functions conferred on the said Clerk by those provisions shall be performed by the Clerk-Assistant of Seanad Éireann and relevant references in the relevant Acts to the Clerk of Seanad Éireann shall be construed as references to the Clerk-Assistant of Seanad Éireann and any connected references shall be construed accordingly.
(2) In this section—
“relevant Acts” means—
(a) the Electoral Act 1992 ,
(b) the Presidential Elections Act 1993 ,
(c) the Seanad Electoral (Panel Members) Act 1947, and
(d) the Seanad Electoral (University Members) Act 1937 ;
“relevant statutory provisions” means—
(a) section 25B(3) of the Electoral Act 1992 ,
(b) section 15 (3) of the Presidential Elections Act 1993 ,
(c) sections 55 (1) and 81 of the Seanad Electoral (Panel Members) Act 1947 , and
(d) sections 13 (1), 18 , 31 and 32 of the Seanad Electoral (University Members) Act 1937 and rule 22 of the Second Schedule to that Act.
Short title, construction and collective citation
3. (1) This Act may be cited as the Electoral (Amendment) (No. 2) Act 2014.
(2) This Act shall be included in the collective citation “Electoral Acts 1992 to 2014” and shall be read together as one with those Acts.
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.
Register of political parties
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;
(c) a local 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,
(c) is of such a character that its publication would be likely to amount to the commission of an offence, or
(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,
(c) the address of the party’s headquarters,
(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
(c) the cancellation of the registration of a party under section 50 (6),
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.
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
(c) by the deletion of the following definitions:
(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 Act of 1992
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”,
(c) in subsection (5), by the deletion of “on the qualifying date,”,
(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”,
(c) by the substitution of the following subsection for subsection (3):
“(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.”,
(c) by the substitution of the following subsection for subsection (2):
“(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,
(c) identifying particulars (within the meaning of section 13E(7)),
(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;
(c) address;
(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;
(c) an tArd-Chláraitheoir;
(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
(c) by the insertion of the following subsections after subsection (1):
“(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
(c) include the name of the person on the postal voters list under section 14 and Part VI of the Second Schedule.
(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.
(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) (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
(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 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
(c) by the insertion of the following subsection after subsection (5):
“(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,
(c) be included in the published register of electors, or
(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
(c) in subsection (5)—
(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
(c) in paragraph (d), by the substitution of “Subsection (2) of section 14” for “Subsection (4) of section 15A”.
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
(c) in subsection (3)—
(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) I
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
(c) not to amend the register.
(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,
(c) in Part II, in Rule 14A, in paragraph (2)—
(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
(C) by the insertion of the following subparagraph after subparagraph (ii):
“(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.
(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.”,
(h) by the insertion of the following Part after Part V:
“PART VI
Postal voters list
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
(c) where appropriate, has submitted any certificate required under this Part.
(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
(c) the likely duration of the illness or disability from the date of certification.
(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,
(c) state the address at which the applicant is ordinarily resident,
(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,
(c) state the position held by 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.
(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 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,
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 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.
(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 meets the requirements of section 17A and this Rule, the name of the applicant shall be included on the pending elector list.
(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.”,
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.”.
Chapter 2
Amendments to Electoral Act 1997
Amendment of section 63 of Electoral Act 1997
107. Section 63 of the Electoral Act 1997 is amended—
(a) in subsection (1), by the substitution of “every elector who, subject to section 14(2) of the Act of 1992, applies to be so entered” for “every elector who, not later than the last date for making claims for correction in the draft register, applies to be so entered”, and
(b) by the substitution of the following subsection for subsection (3):
“(3) Where an application to be entered in the postal voters list under subsection (1) is refused by the registration authority, the applicant may appeal the decision in writing to the county registrar in accordance with Rule 39 of Part VIII of the Second Schedule to the Act of 1992.”.
Amendment of section 64 of Electoral Act 1997
108. Section 64 of the Electoral Act 1997 is amended, in subsection (1)—
(a) in paragraph (b), by the substitution of “as the case may require.” for “as the case may require;”, and
(b) by the deletion of paragraph (c).
Amendment of section 66 of Electoral Act 1997
109. Section 66 of the Electoral Act 1997 is amended in subsection (1), by the substitution of “The registration authority shall arrange, at least once every year, for the giving of public notice of—” for “The registration authority shall, within the period of fourteen days ending on the qualifying date for registration as an elector, arrange for the giving of public notice of—”.
Amendment of section 67 of Electoral Act 1997
110. Section 67 of the Electoral Act 1997 is amended—
(a) in subsection (2)(ii), by the insertion of “and of the applicant’s right to appeal the decision to the county registrar under section 63(3)” after “therefor”, and
(b) in subsection (3), by the substitution of the following paragraph for paragraph (a):
“(a) Section 14(2) of the Act of 1992 shall apply to applications under this Part.”.
Chapter 3
Amendments to other enactments
Amendment of section 2 of Act of 2006
111. Section 2 of the Act of 2006 is amended in subsection (1), by the substitution of the following paragraph for paragraph (a):
“(a) applies, subject to section 14(2) of the Act of 1992, to be so entered,”.
Amendment of section 3 of Act of 2006
112. Section 3 of the Act of 2006 is amended in subsection (1), by the substitution of the following paragraph for paragraph (c):
“(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.”.
Amendment of section 5 of Act of 2006
113. Section 5 of the Act of 2006 is amended in subsection (1), by the substitution of “The registration authority shall arrange, at least on an annual basis, for the giving of public notice of—” for “The registration authority shall, within the period of 14 days ending on the qualifying date for registration as an elector, arrange for the giving of public notice of—”.
Amendment of section 6 of Act of 2006
114. Section 6 of the Act of 2006 is amended by the substitution of the following subsection for subsection (6):
“(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.”.
Amendment of Act of 1997
115. The Act of 1997 is amended—
(a) in section 12—
(i) in subsection (3)—
(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),
(ii) in subsection (4), by the deletion of “a supplement to”,
(b) in the Second Schedule—
(i) in Rule 41, by the insertion of the following definitions:
“‘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;
‘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 Rule 43(1);”,
(ii) by the insertion of the following Rule after Rule 47:
“47A. Where a person is entered on the special voters list under section 17 of the Act of 1992 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 of the Act of 1992 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) of the Act of 1992 and in that case Part XIII of that Act shall apply, or
(b) apply Part XIV of the Act of 1992 to voting by that special voter with the modification that references in that 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’.”,
(iii) in Rule 47A(a) (as inserted by subparagraph (ii)), by the substitution of “section 14(1)(d)” for “section 14(d)”,
and
(c) in the Second Schedule in paragraph (2) of Rule 60—
(i) in subparagraph (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 of the Electoral Act 1992”,
(ii) by the substitution of the following subparagraph for subparagraph (b):
“(b) Rule 33 (other than paragraphs (6) and (7)) and Rule 34(1) and (2) of Part VI of the Second Schedule to the Act of 1992 shall apply to an application to be entered in the postal voters list under subparagraph (a) as if references to section 14 and to section 14(a), (b) or (c) were references to Rule 60(2)(a).”,
and
(iii) by the substitution of the following subparagraph for subparagraph (c):
“(c) Subsection (2) of section 14 of the Act of 1992 shall not apply to an application under this paragraph.”.
Amendment of Local Elections Regulations 1995
116. The Local Elections Regulations 1995 ( S.I. No. 297 of 1995 ) are amended—
(a) in Article 14—
(i) in sub-article (8)—
(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),
(ii) in sub-article (9)(a), by the deletion of “the supplement to”,
(b) in sub-article (2) of Article 61—
(i) in subparagraph (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 of the Electoral Act, 1992”,
(ii) by the substitution of the following paragraph for paragraph (b):
“(b) Rule 33 (other than paragraphs (6) and (7)) and Rule 34(1) and (2) of Part VI of the Second Schedule to the Act of 1992 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 Article 61(2)(a).”,
and
(iii) by the substitution of the following paragraph for paragraph (c):
“(c) Subsection (2) of section 14 of the Act of 1992 shall not apply to an application under this sub-article.”,
(c) in Article 42, by the insertion of the following definitions:
“‘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;
‘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 Article 44(1);”,
(d) by the insertion of the following Article after Article 48:
“48A. Where a person is entered on the special voters list under section 17 of the Act of 1992 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 of the Act of 1992 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) of the Act of 1992 and in that case Part XIII of that Act shall apply, or
(b) apply Part XIV of the Act of 1992 to voting by that special voter with the modification that references in that 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
(e) in Article 48A(a) (as inserted by paragraph (d)), by the substitution of “section 14(1)(d)” for “section 14(d)”.
Amendment of Act of 1994
117. The Act of 1994 is amended—
(a) in subsection (2) of section 29, by the substitution of “sections 78 and 80 to 84A” for “sections 78 and 80 to 84”, and
(b) in subsection (1A) of section 31—
(i) 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 of the Electoral Act, 1992”,
(ii) by the substitution of the following paragraph for paragraph (c):
“(c) Rule 33 (other than paragraph (6) and (7)) and Rule 34(1) and (2) of Part VI of the Second Schedule to the Act of 1992 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 31(1A)(a).”,
and
(iii) by the substitution of the following paragraph for paragraph (d):
“(d) Subsection (2) of section 14 of the Act of 1992 shall not apply to an application under this subsection.”.
Amendment of Act of 1993
118. The Act of 1993 is amended—
(a) in subsection (2) of section 41, by the substitution of “sections 78 and 80 to 84A” for “sections 78 and 80 to 84”, and
(b) in subsection (1A) of section 43—
(i) in paragraph (a), by the deletion of—
(I) “a supplement to”,
(II) “which the registration authority is empowered to prepare and publish in accordance with section 15A of the Electoral Act 1992 ”,
(ii) by the substitution of the following paragraph for paragraph (c):
“(c) Rule 33 (other than paragraph (6) and (7)) and Rule 34(1) and (2) of Part VI of the Second Schedule to the Act of 1992 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 43(1A)(a).”,
and
(iii) by the substitution of the following paragraph for paragraph (d):
“(d) Subsection (2) of section 14 of the Act of 1992 shall not apply to an application under this subsection.”.
Chapter 2
Amendments to Electoral Act 1997
Amendment of section 63 of Electoral Act 1997
107. Section 63 of the Electoral Act 1997 is amended—
(a) in subsection (1), by the substitution of “every elector who, subject to section 14(2) of the Act of 1992, applies to be so entered” for “every elector who, not later than the last date for making claims for correction in the draft register, applies to be so entered”, and
(b) by the substitution of the following subsection for subsection (3):
“(3) Where an application to be entered in the postal voters list under subsection (1) is refused by the registration authority, the applicant may appeal the decision in writing to the county registrar in accordance with Rule 39 of Part VIII of the Second Schedule to the Act of 1992.”.
Amendment of section 64 of Electoral Act 1997
108. Section 64 of the Electoral Act 1997 is amended, in subsection (1)—
(a) in paragraph (b), by the substitution of “as the case may require.” for “as the case may require;”, and
(b) by the deletion of paragraph (c).
Amendment of section 66 of Electoral Act 1997
109. Section 66 of the Electoral Act 1997 is amended in subsection (1), by the substitution of “The registration authority shall arrange, at least once every year, for the giving of public notice of—” for “The registration authority shall, within the period of fourteen days ending on the qualifying date for registration as an elector, arrange for the giving of public notice of—”.
Amendment of section 67 of Electoral Act 1997
110. Section 67 of the Electoral Act 1997 is amended—
(a) in subsection (2)(ii), by the insertion of “and of the applicant’s right to appeal the decision to the county registrar under section 63(3)” after “therefor”, and
(b) in subsection (3), by the substitution of the following paragraph for paragraph (a):
“(a) Section 14(2) of the Act of 1992 shall apply to applications under this Part.”.
Chapter 3
Amendments to other enactments
Amendment of section 2 of Act of 2006
111. Section 2 of the Act of 2006 is amended in subsection (1), by the substitution of the following paragraph for paragraph (a):
“(a) applies, subject to section 14(2) of the Act of 1992, to be so entered,”.
Amendment of section 3 of Act of 2006
112. Section 3 of the Act of 2006 is amended in subsection (1), by the substitution of the following paragraph for paragraph (c):
“(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.”.
Amendment of section 5 of Act of 2006
113. Section 5 of the Act of 2006 is amended in subsection (1), by the substitution of “The registration authority shall arrange, at least on an annual basis, for the giving of public notice of—” for “The registration authority shall, within the period of 14 days ending on the qualifying date for registration as an elector, arrange for the giving of public notice of—”.
Amendment of section 6 of Act of 2006
114. Section 6 of the Act of 2006 is amended by the substitution of the following subsection for subsection (6):
“(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.”.
Amendment of Act of 1997
115. The Act of 1997 is amended—
(a) in section 12—
(i) in subsection (3)—
(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),
(ii) in subsection (4), by the deletion of “a supplement to”,
(b) in the Second Schedule—
(i) in Rule 41, by the insertion of the following definitions:
“‘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;
‘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 Rule 43(1);”,
(ii) by the insertion of the following Rule after Rule 47:
“47A. Where a person is entered on the special voters list under section 17 of the Act of 1992 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 of the Act of 1992 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) of the Act of 1992 and in that case Part XIII of that Act shall apply, or
(b) apply Part XIV of the Act of 1992 to voting by that special voter with the modification that references in that 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’.”,
(iii) in Rule 47A(a) (as inserted by subparagraph (ii)), by the substitution of “section 14(1)(d)” for “section 14(d)”,
and
(c) in the Second Schedule in paragraph (2) of Rule 60—
(i) in subparagraph (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 of the Electoral Act 1992”,
(ii) by the substitution of the following subparagraph for subparagraph (b):
“(b) Rule 33 (other than paragraphs (6) and (7)) and Rule 34(1) and (2) of Part VI of the Second Schedule to the Act of 1992 shall apply to an application to be entered in the postal voters list under subparagraph (a) as if references to section 14 and to section 14(a), (b) or (c) were references to Rule 60(2)(a).”,
and
(iii) by the substitution of the following subparagraph for subparagraph (c):
“(c) Subsection (2) of section 14 of the Act of 1992 shall not apply to an application under this paragraph.”.
Amendment of Local Elections Regulations 1995
116. The Local Elections Regulations 1995 ( S.I. No. 297 of 1995 ) are amended—
(a) in Article 14—
(i) in sub-article (8)—
(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),
(ii) in sub-article (9)(a), by the deletion of “the supplement to”,
(b) in sub-article (2) of Article 61—
(i) in subparagraph (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 of the Electoral Act, 1992”,
(ii) by the substitution of the following paragraph for paragraph (b):
“(b) Rule 33 (other than paragraphs (6) and (7)) and Rule 34(1) and (2) of Part VI of the Second Schedule to the Act of 1992 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 Article 61(2)(a).”,
and
(iii) by the substitution of the following paragraph for paragraph (c):
“(c) Subsection (2) of section 14 of the Act of 1992 shall not apply to an application under this sub-article.”,
(c) in Article 42, by the insertion of the following definitions:
“‘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;
‘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 Article 44(1);”,
(d) by the insertion of the following Article after Article 48:
“48A. Where a person is entered on the special voters list under section 17 of the Act of 1992 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 of the Act of 1992 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) of the Act of 1992 and in that case Part XIII of that Act shall apply, or
(b) apply Part XIV of the Act of 1992 to voting by that special voter with the modification that references in that 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
(e) in Article 48A(a) (as inserted by paragraph (d)), by the substitution of “section 14(1)(d)” for “section 14(d)”.
Amendment of Act of 1994
117. The Act of 1994 is amended—
(a) in subsection (2) of section 29, by the substitution of “sections 78 and 80 to 84A” for “sections 78 and 80 to 84”, and
(b) in subsection (1A) of section 31—
(i) 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 of the Electoral Act, 1992”,
(ii) by the substitution of the following paragraph for paragraph (c):
“(c) Rule 33 (other than paragraph (6) and (7)) and Rule 34(1) and (2) of Part VI of the Second Schedule to the Act of 1992 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 31(1A)(a).”,
and
(iii) by the substitution of the following paragraph for paragraph (d):
“(d) Subsection (2) of section 14 of the Act of 1992 shall not apply to an application under this subsection.”.
Amendment of Act of 1993
118. The Act of 1993 is amended—
(a) in subsection (2) of section 41, by the substitution of “sections 78 and 80 to 84A” for “sections 78 and 80 to 84”, and
(b) in subsection (1A) of section 43—
(i) in paragraph (a), by the deletion of—
(I) “a supplement to”,
(II) “which the registration authority is empowered to prepare and publish in accordance with section 15A of the Electoral Act 1992 ”,
(ii) by the substitution of the following paragraph for paragraph (c):
“(c) Rule 33 (other than paragraph (6) and (7)) and Rule 34(1) and (2) of Part VI of the Second Schedule to the Act of 1992 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 43(1A)(a).”,
and
(iii) by the substitution of the following paragraph for paragraph (d):
“(d) Subsection (2) of section 14 of the Act of 1992 shall not apply to an application under this subsection.”.