{"id":11807,"date":"2022-06-04T14:22:50","date_gmt":"2022-06-04T14:22:50","guid":{"rendered":"http:\/\/legalblog.ie\/?p=11807"},"modified":"2024-04-28T20:58:29","modified_gmt":"2024-04-28T20:58:29","slug":"elections-2","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/elections-2\/","title":{"rendered":"Local Elections I"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/elections-2\/#General\" title=\"General\">General<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/elections-2\/#Eligibility_Nomination\" title=\"Eligibility &amp; Nomination\">Eligibility &amp; Nomination<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/elections-2\/#Electoral_Areas\" title=\"Electoral Areas\">Electoral Areas<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/elections-2\/#Disqualifications\" title=\"Disqualifications\">Disqualifications<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/elections-2\/#Voting\" title=\"Voting\">Voting<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/elections-2\/#Donations\" title=\"Donations\">Donations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/elections-2\/#Payments\" title=\"Payments\">Payments<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/elections-2\/2\/#LOCAL_GOVERNMENT_ACT_2001\" title=\"LOCAL GOVERNMENT ACT 2001\">LOCAL GOVERNMENT ACT 2001<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/elections-2\/2\/#Right_to_vote_at_local_elections\" title=\"Right to vote at local elections.\">Right to vote at local elections.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/elections-2\/2\/#Prohibition_of_plural_voting\" title=\"Prohibition of plural voting.\">Prohibition of plural voting.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/elections-2\/2\/#Year_of_elections_to_all_local_authorities\" title=\"Year of elections to all local authorities.\">Year of elections to all local authorities.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/elections-2\/2\/#Advance_polling\" title=\"Advance polling\">Advance polling<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/elections-2\/2\/#Conduct_of_elections\" title=\"Conduct of elections.\">Conduct of elections.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/elections-2\/2\/#Temporary_arrangements_with_respect_to_certain_polling_districts_and_register_of_electors\" title=\"Temporary arrangements with respect to certain polling districts and register of electors.\">Temporary arrangements with respect to certain polling districts and register of electors.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/elections-2\/2\/#Consequential_appointments_to_certain_other_bodies\" title=\"Consequential appointments to certain other bodies.\">Consequential appointments to certain other bodies.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"General\"><\/span>General<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Constitution requires that local government elections are held every five years.\u00a0 This provision was inserted in the Constitution in 1999.\u00a0 It had followed periods when local government elections were postponed by law pending local government reforms.<\/p>\n<p>Local government elections take place on broadly the same principles as Dail elections.\u00a0 The legislation is set out in\u00a0 the Local Government Act, 2001 and regulations made thereunder.<\/p>\n<p>The local government electors are persons entered on the register of electors.\u00a0 They must be aged 18 years and upwards and ordinary resident in the area concerned.\u00a0 Councils maintain the registers of electors which they update periodically.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Eligibility_Nomination\"><\/span>Eligibility &amp; Nomination<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Local Government Act (No. 2) 2003 made arrangements in connection with abolition of the so-called dual mandate.\u00a0 It repealed the provisions regarding direct elections of Cathaoirleach.<\/p>\n<p>An Irish citizen whether or not resident, and others ordinarily resident in the State who are at least 18 years are eligible to be elected as members of local authority.\u00a0 Local elections are generally held in May or June in the fourth and ninth year of each decade.<\/p>\n<p>A person may be a candidate in local elections either on his own nomination or with the consent of a person on the register in the local authority area. A candidate other than a recognised political party nominated candidate requires 15 local authority electors from the area concerned. Political parties may appear on the ballot paper along with the names of their candidates.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Electoral_Areas\"><\/span>Electoral Areas<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Each local authority area is divided into electoral areas by statutory instrument.\u00a0 It fixes the number of members for the area concerned.\u00a0 Each local area is a multi-seat constituency.<\/p>\n<p>Most town authorities comprised a single electoral area.\u00a0 Where there are two local government entities within the area such as a town council and a county council, town residents voted in both.\u00a0 The functions carried out are distinct and that the town council will undertake some of the functions within its area that the county council will undertake for the entire county.<\/p>\n<p>The Minister is to determine electoral revisions and may alter them.\u00a0 A boundary committee makes recommendations to the Minister in relation to local electoral areas.\u00a0 The Minister may or may not accept the recommendations of the committee.\u00a0 The Local Government Act, 2001 provided for an independent local government commission to make recommendations in relation to local electoral areas.<\/p>\n<p>The number of councillors for each local authority is fixed by the Local Government Act, 2001.\u00a0 It can be varied by the minister on application made by the local authority.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Disqualifications\"><\/span>Disqualifications<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Certain persons are disqualified from being members of local authorities. Included in persons disqualified are<\/p>\n<ul>\n<li>Government Ministers and Ministers for state,<\/li>\n<li>members of the Garda Siochana or permanent defence forces.<\/li>\n<li>Civil servants unless specifically exempted by their contract.<\/li>\n<li>Local authority employees unless exempted prisoners and persons who have been surcharged by local government auditor.<\/li>\n<li>Persons who have failed to pay monies due to local authorities.<\/li>\n<li>Persons convicted of offences of dishonesty.<\/li>\n<li>Members of the Dail and Seanad (since 2003)<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Voting\"><\/span>Voting<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Voting takes place on the one day.\u00a0 Postal voting is allowed in the same manner as national elections.\u00a0 Special voting arrangements may be made for persons who cannot attend polling stations.<\/p>\n<p>The single transferable vote is used.\u00a0 The quota is the (total valid poll \/ (the number of seats +1)) +1.<\/p>\n<p>Electors vote in accordance with preference in the same manner as Dail elections.\u00a0 The rules for counting and transferring votes are broadly similar.\u00a0 Candidates who reach the quota are elected.When other candidates are eliminated, the remaining candidates may be elected without reaching the quota.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Donations\"><\/span>Donations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Under the Local Election (Disclosure of Donations and Expenditure) Act, local election candidates must provide a statement of election expenses and donations over a specified limit.\u00a0 The limit is \u20ac625.<\/p>\n<p>Candidates must maintain an account at financial institution if he receives donations for political purpose more than \u20ac127.\u00a0 There is a maximum donation of \u20ac2,540 from any one source annually.\u00a0 Foreign donations and anonymous donations over \u20ac127\u00a0 may not be accepted.<\/p>\n<p>Casual vacancies in local authorities are filled by co-option.\u00a0 The person must be a member of the same party, if the person was a party member.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Payments\"><\/span>Payments<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Prior to 1994, local authority councillors were unpaid save for minimal travel expenses.\u00a0 Since 1994, councillors qualify for expenses and allowances intended to cover mileage, subsistence. attendance at council and various other expenses.\u00a0 Levels vary from council to council.\u00a0 Lesser rates were paid in respect of town councils.<\/p>\n<p>Since 2002, councillors have been entitled to representational payments.\u00a0 This is based on one-quarter of the salary of a member of the Seanad. A smaller amount was paid to town councillors depending on the size of the council.<\/p>\n<p>The chairman, mayor, vice chairman and chairpersons of strategic authority may also receive payments. There are also payments in relation to roles on other local authority bodies.<\/p>\n<p>Local government legislation allows for a scheme for compensation for councillors on retirement incapacity or loss of office.\u00a0 It is based on a proportion of representational payment; amount being 15 percent per year of service being and not less than three-and-a-half more than twenty.<\/p>\n<p><!--nextpage--><\/p>\n<h2>LOCAL GOVERNMENT ACT 2001<\/h2>\n<p>&nbsp;<\/p>\n<p>Section 24<\/p>\n<h4>Right to vote at local elections.<\/h4>\n<p>24.\u2014(1) For the purposes of this section and subject to this Part and regulations made under it, every person whose name is on the register of local government electors prepared under Part II of the Electoral Act, 1992, for the time being in force for a local electoral area (in this Act referred to as the \u201cregister of electors\u201d) is entitled to vote at the poll at a local election in that area.<\/p>\n<p>(2) A person\u2019s name shall be taken to be on the register of electors if it includes a name which, in the opinion of the returning officer or presiding officer, was intended to be the person\u2019s name.<\/p>\n<p>(3) A person who has voted at a local election shall not in any legal proceeding be required to state for whom he or she has voted.<\/p>\n<p>(4) A person who\u2014<\/p>\n<p>(a) is registered in the register of electors for the time being in force for a local electoral area but is not entitled to be so registered, or<\/p>\n<p>(b) is not registered in the register of electors,<\/p>\n<p>shall not vote at the poll at a local election in that area.<\/p>\n<p>(5) Nothing in this section shall be read so as to entitle any person to vote who is not entitled to do so, or as relieving that person from any penalties to which that person may be liable to, for voting.<\/p>\n<p>Section 25<\/p>\n<h4>Prohibition of plural voting.<\/h4>\n<p>25.\u2014(1) A person shall not vote or apply for a ballot paper\u2014<\/p>\n<p>(a) more than once at an election of the members of a local authority otherwise than under Article 64 of the Local Elections Regulations, 1995,<\/p>\n<p>(b) F42[\u2026]<\/p>\n<p>F43[(c) at an election of the members of more than one local authority held at the same local elections, or]<\/p>\n<p>(d) F42[\u2026]<\/p>\n<p>(e) F44[\u2026]<\/p>\n<p>(2) F44[\u2026]<\/p>\n<p>(3)(a) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding \u00a31,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both.<\/p>\n<p>(b) A person who aids, abets, counsels or procures the commission of an offence under subsection (1) is guilty of an offence and is liable:<\/p>\n<p>(i) on summary conviction to a fine not exceeding \u00a31,500, or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both, or<\/p>\n<p>(ii) on conviction on indictment, to a fine not exceeding \u00a310,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F42<br \/>\nRepealed (2.06.2003) by Local Government (No. 2) Act 2003 (17\/2003), s. 7(a), commenced on enactment.<\/p>\n<p>F43<br \/>\nSubstituted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(1) and sch. 1 part 1 ref. 30, S.I. No. 214 of 2014.<\/p>\n<p>F44<br \/>\nDeleted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(1) and sch. 1 part 1 refs. 31-32, S.I. No. 214 of 2014.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E191<br \/>\nA fine of \u00a31,500 converted (1.01.1999) to \u20ac1,904.60. This translates into a class C fine, not greater than \u20ac2,500, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>E192<br \/>\nA fine of \u00a310,000 converted (1.01.1999) to \u20ac12,697.38.<\/p>\n<p>E193<br \/>\nPrevious affecting provision: subs. (1)(c) amended (2.06.2003) by Local Government (No. 2) Act 2003 (17\/2003), s. 4 and sch., commenced on enactment; substituted as per F-note above.<\/p>\n<p>Section 26<\/p>\n<h4>Year of elections to all local authorities.<\/h4>\n<p>26.\u2014(1)(a) An election of members of every local authority shall be held in the year 2004 and in every fifth year thereafter.<\/p>\n<p>(b) Nothing in this subsection affects Part 21 of this Act or any order made under that Part.<\/p>\n<p>(2) The poll at local elections shall be held on such day in the month of May or June and shall continue for such period, not being less than 12 hours, between the hours of 7.00 a.m. and 10.30 p.m., as may be fixed by the Minister by order.<\/p>\n<p>F45[(2A) Notwithstanding subsection (2), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the returning officer (within the meaning of the Local Elections Regulations 1995) for the election in the local electoral area in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period fixed by the Minister by order under subsection (2), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.<\/p>\n<p>(2B) A poll the subject of an order under subsection (2A) shall continue on the island for not less than 4 hours.<\/p>\n<p>(2C) In subsection (2A), &#8220;local circumstances&#8221; includes:<\/p>\n<p>(a) the number of local government electors on the island;<\/p>\n<p>(b) the distance between a polling station on the island and the place appointed for the counting of votes under article 74(2) of the Local Elections Regulations 1995;<\/p>\n<p>(c) advance forecasts of stress of weather;<\/p>\n<p>(d) foreseen transport difficulties.]<\/p>\n<p>(3) An order under this section shall be published in the Iris Oifigi\u00fail as soon as may be after it is made.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F45<br \/>\nInserted (13.10.2022) by Electoral Reform Act 2022 (30\/2022), s. 204, S.I. No. 512 of 2022, art. 2(e).<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C17<br \/>\nApplication of section restricted (27.01.2014) by Local Government Reform Act 2014 (1\/2014), s. 28(4), commenced as per s. 28(5).<\/p>\n<p>Elections to local authorities in 2014<\/p>\n<p>28. &#8230;<\/p>\n<p>(4) Nothing in section 26 of the Principal Act shall be read as enabling the holding of an election for members of\u2014<\/p>\n<p>(a) a town council, or<\/p>\n<p>(b) a local authority that is to be dissolved on the 2014 establishment day,<\/p>\n<p>but this subsection is without prejudice to filling, in accordance with section 19 of the Principal Act, a casual vacancy that occurs before the transfer date or the 2014 establishment day, as appropriate.<\/p>\n<p>(5) This section has effect upon the passing of this Act.<\/p>\n<p>Section 26A<br \/>\nF46[<\/p>\n<h4>Advance polling<\/h4>\n<p>26A.\u2014(1) Notwithstanding section 26, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of An Coimisi\u00fan Toghch\u00e1in, make an order providing that, in addition to the poll provided for under section 26\u2014<\/p>\n<p>(a) in one or more local authorities, an advance poll may be taken on the day before the day appointed by the Minister under section 26, and<\/p>\n<p>(b) a poll referred to in paragraph (a) shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.<\/p>\n<p>(2) An order under this section shall be published in Iris Oifigi\u00fail as soon as may be after it is made.<\/p>\n<p>(3) In this section \u2014<\/p>\n<p>&#8220;Covid-19&#8221; means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 ) or any variant of the disease so specified as an infectious disease in those Regulations;<\/p>\n<p>&#8220;pandemic&#8221; means an outbreak of disease \u2014<\/p>\n<p>(a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and<\/p>\n<p>(b) which has been declared by the World Health Organisation to be a pandemic.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F46<br \/>\nInserted (13.10.2022) by Electoral Reform Act 2022 (30\/2022), s. 177, S.I. No. 512 of 2022, art. 2(e).<\/p>\n<p>Section 27<\/p>\n<h4>Conduct of elections.<\/h4>\n<p>27.\u2014(1)(a) Local elections shall be held in accordance with regulations made by the Minister under this section.<\/p>\n<p>(b) If an election is contested, the poll shall be taken according to the system of proportional representation, each local government elector having one transferable vote.<\/p>\n<p>(c) In this subsection \u201ctransferable vote\u201d has the meaning given to it by section 37 of the Electoral Act, 1992.<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), regulations under this section may in particular include provision for all or any of the following matters in relation to local elections:<\/p>\n<p>(a) nominations;<\/p>\n<p>(b) deposits by candidates;<\/p>\n<p>(c) deaths of candidates;<\/p>\n<p>(d) duties of returning officers;<\/p>\n<p>(e) staff of returning officers;<\/p>\n<p>(f) taking of polls and counting of votes;<\/p>\n<p>(g) use, free of charge, of schools and public rooms;<\/p>\n<p>(h) arrangements for postal voting;<\/p>\n<p>(i) arrangements for special voting;<\/p>\n<p>(j) voting by persons in the employment of returning officers;<\/p>\n<p>(k) voting by physically ill or physically disabled local government electors;<\/p>\n<p>(l) polling on islands;<\/p>\n<p>(m) issue of polling information cards;<\/p>\n<p>(n) maintenance of secrecy of voting;<\/p>\n<p>(o) removal of persons misconducting themselves in polling stations;<\/p>\n<p>(p) procedure in cases of disorder or obstruction;<\/p>\n<p>(q) interference with ballot boxes or ballot papers;<\/p>\n<p>F47[(r) election of the same person in more than one local electoral area or to more than one local authority;]<\/p>\n<p>(s) casual vacancies that occur in the circumstances specified in paragraph (r), or occuring in other specified circumstances related to local elections;<\/p>\n<p>(t) the manner in which the costs of local elections are to be paid by local authorities;<\/p>\n<p>(u) provisions corresponding to sections 60, 105, 134 to 154, 156 to 160 and 163 of the Electoral Act, 1992, with such modifications as appear to the Minister to be appropriate.<\/p>\n<p>(3) Where a provision of regulations under this section corresponds to a provision of the Electoral Act, 1992, which declares a matter to be an electoral offence, the regulations may provide for a corresponding offence in relation to local elections and lay down a penalty for it which does not exceed the relevant penalty specified in section 157 of that Act.<\/p>\n<p>(4) Regulations made under section 22 of the Local Government Act, 1994, and in force at the commencement of this provision shall continue in force and have effect as if made under this section and may be amended or revoked accordingly.<\/p>\n<p>(5) Where regulations under this section are proposed to be made, a draft of them 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.<\/p>\n<p>(6) No local election is invalid by reason of non-compliance with any regulations under this section, or any mistake in the use of forms provided for or by any such regulations, if it appears to the court before which the matter is raised:<\/p>\n<p>(a) that the election was conducted in accordance with the principles laid down in the regulations under this section taken as a whole, and<\/p>\n<p>(b) that the non-compliance or mistake did not materially affect the result of the election.<\/p>\n<p>(7) Regulations under this section apply to a new election under Part 21.<\/p>\n<p>(8) Where regulations under this section provide for the issue of polling information cards by a local authority, a decision to issue them is a reserved function.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F47<br \/>\nSubstituted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(1) and sch. 1 part 1 ref. 33, S.I. No. 214 of 2014.<\/p>\n<p>Section 28<\/p>\n<h4>Temporary arrangements with respect to certain polling districts and register of electors.<\/h4>\n<p>28.\u2014F48[(1) In this section the &#8220;chief executive&#8221; means\u2014<\/p>\n<p>(a) in relation to any part of a polling district situated in a city, the chief executive for the city,<\/p>\n<p>(b) in relation to any part of a polling district situated in a county, the chief executive for the county,<\/p>\n<p>(c) in relation to any part of a polling district situated in a city and county, the chief executive for the city and county.]<\/p>\n<p>(2) This section applies where after\u2014<\/p>\n<p>F48[(a) the alteration of the boundary of a local authority, or]<\/p>\n<p>(b) the making of an order under section 23\u2014<\/p>\n<p>F48[(i) dividing a county, city or city and county into local electoral areas, or]<\/p>\n<p>(ii) amending or modifying any division made by such an order,<\/p>\n<p>a polling district existing immediately before the alteration or revision or amendment or modification of such division, as the case may be, is not wholly situated within the area of a local authority or of a local electoral area, as the case may be.<\/p>\n<p>(3) Where subsection (2) applies, the F48[chief executive] of the relevant local authority shall, for each part of the polling district situated within the area of the local authority\u2014<\/p>\n<p>(a) join it or parts of it with any adjoining polling district or districts within that area, or<\/p>\n<p>(b) constitute it as a polling district and appoint a polling place for it.<\/p>\n<p>(4) An arrangement made under subsection (3) has effect until, and only until, the first scheme under section 28 of the Electoral Act, 1992, in relation to the F48[county, city or city and county] in which the part concerned of the polling district is situated comes into operation after the making of the arrangement.<\/p>\n<p>(5) An arrangement made under subsection (3) shall, as soon as practicable, be notified to the Minister by the F48[chief executive].<\/p>\n<p>(6) In respect of a part of a polling district referred to in subsection (3), the F48[chief executive] shall make such alterations in relation to the part of the register of electors in force as may be necessary to secure that the part of the register concerned shall be in conformity with the arrangement made under that subsection and may conveniently be used for the purposes of taking a poll.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F48<br \/>\nSubstituted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(1) and sch. 1 part 1 refs. 34-40, S.I. No. 214 of 2014.<\/p>\n<p>Section 29<\/p>\n<h4>Consequential appointments to certain other bodies.<\/h4>\n<p>29.\u2014(1) The year 2004, and every year after 2004 which is a year in which local elections are held, is an election year for the purposes of the Harbours Act, 1946.<\/p>\n<p>(2) F49[\u2026]<\/p>\n<p>(3)(a) The appointments made under section 10 of the School Attendance Act, 1926, which first occur after the commencement of this subsection shall be made in the year 2004 and shall be regarded as quinquennial appointments.<\/p>\n<p>(b) Nothing in paragraph (a) operates to prejudice the power of any person, conferred by or under section 10 of the School Attendance Act, 1926, to appoint persons to fill casual vacancies among the membership of a school attendance committee.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F49<br \/>\nRepealed (1.07.2013) by Education and Training Boards Act 2013 (11\/2013), s. 4 and sch. 1, part 1 item 14, S.I. No. 211 of 2013.<\/p>\n<p>Section 30<br \/>\nSavers (Part 4).<\/p>\n<p>30.\u2014F50[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F50<br \/>\nDeleted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(1) and sch. 1 part 1 ref. 41, S.I. No. 214 of 2014.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-11807\" data-postid=\"11807\" class=\"themify_builder_content themify_builder_content-11807 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>General The Constitution requires that local government elections are held every five years.\u00a0 This provision was inserted in the Constitution in 1999.\u00a0 It had followed periods when local government elections were postponed by law pending local government reforms. Local government elections take place on broadly the same principles as Dail elections.\u00a0 The legislation is set [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[207,206],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11807"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=11807"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11807\/revisions"}],"predecessor-version":[{"id":35733,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11807\/revisions\/35733"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=11807"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=11807"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=11807"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}