Taxes Consolidation Act 1997 is amended by the insertion of the following paragraph after paragraph 206: “207. An Coimisiún Toghcháin.”.
\n
PART 3
\n
Franchise and registration of electors
\n
Chapter 1
\n
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
\n
(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”.
\n
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”.
\n
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”.
\n
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”.
\n
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”.
\n
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—
\n
(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.
\n
(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.”.
\n
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”.
\n
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.”.
\n
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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.”.
\n
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.
\n
(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.”.
\n
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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.”.
\n
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.
\n
(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.
\n
(3)Part VI of the Second Schedule shall apply to an application to be entered in the postal voters list.”.
\n
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.
\n
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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.”.
\n
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’).
\n
(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
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.”.
\n
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.
\n
(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.”.
\n
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”.
\n
(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.
\n
(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.
\n
(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.”.
\n
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.”.
\n
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”.
\n
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.
\n
(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).”.
\n
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.
\n
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.
\n
(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.
\n
(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.”.
\n
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”.
\n
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;”.
\n
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)”.
\n
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”.
\n
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,”.
\n
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.
\n
(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.
\n
(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.
\n
(4)Where the date on, or by reference to, which any act or thing is required by this Schedule to be performed or done falls on an excluded day that act or thing shall be done on or by reference to the next following day which is not an excluded day.”, (ii) in Rule 2— (I) in paragraph (1), by the deletion of “the qualifying date for”, and (II) by the substitution of the following paragraph for paragraph (2): “(2) The names in the register for a registration area shall be arranged under polling districts and— (a) if the registration area is a city council, shall be arranged in street order unless the registration authority considers that, having regard to the general character of any part of the area, arrangement in street order for that part is inappropriate, (b) if the registration area is a county council, shall be arranged alphabetically in townland order unless the registration authority considers that, having regard to the general character of any part of the area, arrangement in street order or in any other order is possible and convenient, and (c) if the registration area is a city and county council, shall be arranged in street or townland order, having regard to the general character of any part of the area, as considered appropriate by the registration authority.”, (iii) by the deletion of Rule 4, (iv) by the substitution of the following Rule for Rule 5: “Maintaining and updating register 5. (1) In order to maintain and update the register, in accordance with section 20, each registration authority shall make sufficient inquiries in their registration area in accordance with this Rule.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(6)In this Rule— ‘certificate of birth’ means: (a) a document issued under section 13
\n
(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
\n
(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.
\n
(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.
\n
(3)The registration authority shall, on the application of any person, supply forms on which third party claims may be made.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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
\n
(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
\n
(2)of the Local Government Act 2001 in the case of a local election.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.”,
\n
(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.
\n
(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.
\n
(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).
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(9)In paragraph (5), ‘member of the civilian staff of the Garda Síochána’ means a person appointed under section 19
\n
(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.
\n
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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
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.
\n
(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.
\n
(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.
\n
(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).
\n
(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.
\n
(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.
\n
(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.
\n
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.
\n
(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.
\n
(3)The application form shall be completed in accordance with the instructions provided on the form.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
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.
\n
(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.
\n
(3)A reference in this Rule to ‘section 14(a), (b) or (c) ’ shall on and from the coming into operation of section 90
\n
(2)of the Electoral Reform Act 2022 be construed as ‘section 14(1)(a), (b) or (c) ’.
\n
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.
\n
(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.
\n
(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.
\n
(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).
\n
(5)A reference in this Rule to ‘section 14(d)’ shall on and after the coming into operation of section 90
\n
(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.
\n
(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.
\n
(3)The application shall be supported by the evidence specified in section 15E(2), which shall be submitted with the application.
\n
(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.
\n
(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.
\n
(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.
\n
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.
\n
(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).
\n
(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.
\n
(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).
\n
(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.
\n
(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.
\n
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.
\n
(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.
\n
(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).
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(9)In paragraph (5), ‘member of the civilian staff of the Garda Síochána’ means a person appointed under section 19
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.
\n
(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.”.
\n
Chapter 2
\n
Amendments to Electoral Act 1997 Amendment of section 63 of Electoral Act 1997 107.
\n
Section 63
\n
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.”.
\n
Amendment of section 64 of Electoral Act 1997 108.
\n
Section 64
\n
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).
\n
Amendment of section 66 of Electoral Act 1997 109.
\n
Section 66
\n
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—”.
\n
Amendment of section 67 of Electoral Act 1997 110.
\n
Section 67
\n
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.”.
\n
Chapter 3
\n
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,”.
\n
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.”.
\n
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—”.
\n
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.”.
\n
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):
\n
“(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.”.
\n
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
\n
(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)”.
\n
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.”.
\n
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.”.
\n
PART 4
\n
Regulation of online political advertising Interpretation 119. (1) In this Part— “authorised officer” shall be construed in accordance with section 128 ; “Board” means the members of the Commission referred to in section 9
\n
(1); “buyer of online political advertisement” means a person who purchases an online political advertisement, or a person on whose behalf an online political advertisement is purchased, for placement, display, promotion or dissemination on an online platform, and unless the context otherwise requires includes a person acting for or on behalf of a buyer (or any intermediary however described); “company” means a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act; “electoral period” means the period of time commencing on the day of the making of a polling day order and ending on polling day; “look-alike targeting” means a targeting method involving the use of data from an existing online audience and which applies the use of data analysis techniques, tools or other methods to identify new persons who have similar characteristics or are engaged in similar activities on an online platform; “Member State” means a Member State of the European Union; “micro-targeting” means a targeting method involving the use of data analysis techniques, tools or other methods to address, transmit or communicate a tailored online political advertisement either to a specific person or group of persons or to increase the circulation, reach or visibility of an online political advertisement; “online archive or library” shall be construed in accordance with section 121
\n
(5); “online platform” means any host, operator or provider of a website, web application, digital application or other seller of an online political advertisement accessible to the general public or a section of the public that— (a) has not less than 100,000 unique monthly users in the State for a period of not less than 7 months during the 12 months immediately preceding the date of the making of a polling day order, and (b) receives payment or payment in kind for the placement, display, promotion or dissemination of an online political advertisement on the provider’s website, web application or digital application; “online political advertisement” means any form of communication in a digital format for political purposes purchased for placement, display, promotion or dissemination on an online platform during an electoral period and for which a payment or payment in kind is made to the online platform concerned; “political purposes” shall have the meaning assigned to it by section 22
\n
(2)(aa) of the Electoral Act 1997 ; “polling day order” means an order made by the Minister appointing a day for the holding of a poll which— (a) in the case of a Dáil election, is made under section 96(1) of the Act of 1992, (b) in the case of a European election, is made under section 10(1) of the Act of 1997, (c) in the case of a local election, is made under section 26(2) of the Act of 2001, (d) in the case of a presidential election, is made under section 6(1)(c) of the Act of 1993, (e) in the case of a referendum, is made under section 10 or section 12 of the Act of 1994, or (f) in the case of a Seanad election, is made under section 12 of the Seanad Electoral (University Members) Act 1937 and under section 24 of the Seanad Electoral (Panel Members) Act 1947 ; “regulated financial service provider” shall have the meaning assigned to it by section 2
\n
(1)of the Central Bank Act 1942 ; “seller of an online political advertisement” means a person who receives payment or payment in kind in return for the placement, display, promotion or dissemination of an online political advertisement; “transparency notice” shall be construed in accordance with section 121
\n
(2).
\n
(2)For the purposes of this Part, a company shall be deemed to be resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be resident at its principal office or place of business.
\n
Application of Part 120. This Part applies to the purchase for placement, display, promotion or dissemination, directly or indirectly including through an intermediary, of an online political advertisement during an electoral period.
\n
Public information requirements for online political advertisements 121. (1) An online platform shall ensure that an online political advertisement shall— (a) be labelled with the text “Political Advert” in a conspicuous position where the user will easily see it or be made aware of it, and (b) include a button, icon, tab, hyperlink or other connection which shall connect the user of the online platform to a transparency notice which is clearly displayed on the online platform placing, displaying, promoting or disseminating that advertisement.
\n
(2)A transparency notice shall be a notice that shall include but shall not be limited to— (a) the name, postal address, telephone number, email address and, where applicable, the website address of the buyer of the online political advertisement and, where the buyer of the online political advertisement is not the person who has paid or will pay for the advertisement, shall include the same information with respect to the person who has paid or will pay for the advertisement, (b) confirmation of whether micro-targeting was applied in the placement, display, promotion or dissemination of the online political advertisement and, if so, a description of the criteria or information, and the source of the information, used as the basis for any such micro-targeting and providing a link or connection to the online platform’s policy, if any, on micro-targeting, (c) confirmation of whether the particular audience at whom the buyer of the online political advertisement intends the advertisement to be directed includes persons included on the basis of the application of look-alike targeting and, if so, a description of the characteristics of, or the activities engaged in by, the particular audience and the source of the information used to identify that particular audience and providing a link or connection to the online platform’s policy, if any, on look-alike targeting, (d) the total amount paid or due to be paid for the online political advertisement which shall be the aggregate of the amounts paid or due to be paid for the production of the content of the advertisement by, for or on behalf of the buyer of the online political advertisement and for the placement, display, promotion or dissemination of the advertisement by the online platform, (e) the number of days during which the online political advertisement will be placed, displayed, promoted or disseminated on the online platform and the date on which that advertisement will be placed, displayed, promoted or disseminated on that online platform and the date on which it will cease to appear on that online platform, (f) the estimated size of the audience that the buyer of the online political advertisement intends the online political advertisement to reach, (g) the number of times the online political advertisement has been viewed by users, (h) an indication of the election or referendum to which the online political advertisement relates, (i) a link or connection to the online archive or library established and maintained by the online platform under subsection (5), and
\n
(j) information and contact details of the online platform where a person may notify the online platform that an online political advertisement may not or does not comply with this Part.
\n
(3)The information specified in subsection (2) contained in a transparency notice shall be maintained and updated by the online platform in real time.
\n
(4)A transparency notice displayed by an online platform in accordance with subsection (2) shall be notified by the online platform to the Commission as soon as may be after it has been displayed.
\n
(5)(a) Subject to subsection (6), an online platform shall establish, maintain and update in real time an online archive or library comprising each online political advertisement purchased for placement, display, promotion or dissemination on that platform and its accompanying transparency notice. (b) An online platform shall retain in the online archive or library each online political advertisement placed, displayed, promoted or disseminated on that platform and its accompanying transparency notice for a period of not less than 7 years after the end of the period on which the online political advertisement was placed, displayed, promoted or disseminated as provided for in subsection (2)(e). (c) Where, during the period specified in paragraph (b), an online platform is acquired by or merges with another body corporate, the online platform or, as appropriate, any body corporate that is a successor to or a continuation of that online platform, shall comply with the requirements of paragraph (b).
\n
(6)An online platform shall make available to the public on its platform the online archive or library established, maintained and updated by it in accordance with subsection (5).
\n
(7)Where, during the period specified in subsection (5)(b), an online platform is to be wound up, dissolved, liquidated or otherwise cease trading, the online platform shall make arrangements with the Commission for the transfer to it of the online archive or library, and shall transfer the online archive or library to the Commission in accordance with those arrangements.
\n
(8)An online platform which fails to comply with this section (other than subsection (7)) shall be guilty of an offence.
\n
Obligations on online platforms regarding online political advertisements 122. (1) An online platform shall apply the measures required to verify the identity of the buyer of an online political advertisement and the information and documentation provided by such a buyer in accordance with section 123 .
\n
(2)If for any reason the online platform considers that the information and documents provided to the online platform under section 123 are insufficient to verify the identity of the buyer of the online political advertisement, the online platform shall request and obtain such other information and documents from the buyer as are necessary and appropriate in order to verify the identity of the buyer.
\n
(3)An online platform shall not place, display, promote or disseminate an online political advertisement on its platform where a buyer of an online political advertisement fails to provide all the information and documentation required to be provided by the buyer under subsection (1) and, where applicable subsection (2), for so long as the failure continues.
\n
(4)An online platform shall, in accordance with section 136 , keep records of the measures applied and information, documents and records obtained by it to verify the identity and address of a buyer of an online political advertisement.
\n
(5)An online platform which fails to comply with this section (other than subsection (2)) shall be guilty of an offence.
\n
Identification and verification of buyers 123. (1) An online platform shall apply the measures specified in subsection (2) in relation to the buyer of an online political advertisement prior to the purchase for placement, display, promotion or dissemination in the State by the buyer of that advertisement.
\n
(2)The measures that shall be applied by an online platform for the purposes of subsection (1) shall consist of the following: (a) (i) ascertain and verify the identity of the buyer of an online political advertisement on the basis of official documents (whether or not in electronic form) issued by— (I) a Department of State or other national authority of the State, (II) the national governmental authorities of another state, or (III) with respect to a European political party, the Authority for European Political Parties and European Political Foundations, provided that there are reasonable grounds to be satisfied that the documents can be relied upon to confirm the identity of the buyer, and (ii) ascertain and verify the address of the buyer of an online political advertisement on the basis of documents (whether or not in electronic form) or information including— (I) the documents referred to in subparagraph (i), or (II) documents from a regulated financial service provider or other utility or service provider, confirming the address of the buyer (whether within the State or not) and that the buyer is a customer of that utility or service provider, provided that there are reasonable grounds to be satisfied that the documents or information can be relied upon to confirm the address of the buyer and that the buyer is resident in the State other than where section 125
\n
(1)applies; and (b) obtain from the buyer of an online political advertisement a written statement verified by a statutory declaration as provided for in subsection (5).
\n
(3)When applying the measures specified in subsection (2), an online platform shall take reasonable steps to verify that any person purporting to act for or on behalf of a buyer of an online political advertisement is acting with the approval and consent of the buyer.
\n
(4)An online platform which is unable to apply the measures specified in subsection (2) in relation to a buyer of an online political advertisement as a result of any failure on the part of the buyer to provide the online platform with documents or information required under this section or section 122
\n
(2), or both, shall not place, display, promote or disseminate any online political advertisement purchased by the buyer, or for or on behalf of the buyer, on the online platform where it can be accessed or seen by users of the online platform for so long as the failure remains unrectified.