Electoral Act, 1992

Electoral Act, 1992 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1992 Electoral Act, 1992 Electoral Act, 1992 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 23 of 1992 ELECTORAL ACT, 1992 ARRANGEMENT OF SECTIONS PART I General Section 1. Short title, collective citation, construction and commencement. 2. Interpretation. 3. Regulations. 4. Expenses. 5. Repeals. PART II Franchise and Registration of Electors 6. Interpretation (Part II). 7. Registration of presidential electors. 8. Registration of Dáil electors. 9. Registration of European electors. 10. Registration of local government electors. 11. General provisions relating to the registration of electors. 12. Certain persons deemed to be ordinarily resident in the State. 13. The register of electors. 14. Entry of names in postal voters list. 15. Supplement to the register of electors. 16. Electors lists to replace draft register in the case of specified registration authorities. 17. Special voters list. 18. Issuing of instructions. 19. Entry in register of name of revised constituency. 20. Registration duties. 21. Appeals. 22. Amendment of section 40 of Court Officers Act, 1926. 23. Amendment of section 1 of European Assembly Elections Act, 1977. 24. Amendment of Electoral (Amendment) (No. 2) Act, 1986. PART III Registration of Political Parties 25. Register of political parties. 26. Amendment of European Assembly Elections Acts, 1977 and 1984. PART IV Polling Districts and Polling Places 27. Interpretation (Part IV). 28. Polling districts and polling places. 29. Temporary arrangements with respect to certain polling districts. PART V Returning Officers 30. Returning officers and assistant, deputy and acting returning officers. 31. General duty of returning officer. 32. Payment of returning officers’ expenses. PART VI Duration and Membership of Dáil 33. Maximum duration of Dáil. 34. Resignation of membership of Dáil. 35. Person returned for two or more constituencies. 36. Re-election of outgoing Chairman of Dáil. PART VII Method of Election 37. The electoral system. 38. Manner of voting. PART VIII The Writ at a Dáil Election 39. Issue and return of writs. 40. Effect of dissolution of Dáil on certain writs. PART IX Disqualification for Membership of Dáil 41. Disqualification for membership of Dáil. 42. Cesser of membership of Dáil in certain circumstances. 43. Candidates at bye-elections. PART X Nominations 44. Notice of election. 45. Necessity for nomination. 46. Nomination of candidates. 47. Deposit by candidates. 48. Return or disposal of deposit. 49. Times for receiving nominations. 50. Delivery of nomination papers. 51. Selection of nomination papers. 52. Ruling on validity of nomination papers. 53. Publication of nominations. 54. Withdrawal of candidature. 55. Publication of withdrawal. 56. Obstruction of nominations. 57. Candidates entitled to free postage. 58. Procedure after nominations. PART XI Agents of Candidates 59. Appointment of agents. 60. General provisions as to agents. 61. Officers not to act as agents of candidates, further candidatures etc. PART XII Death of Candidate or Outgoing Chairman of Dáil 62. Death of a candidate. 63. Death of outgoing Chairman of Dáil. PART XIII Postal Voting 64. Voting by post. 65. Voting by electors referred to in section 12. 66. Form of ballot paper and receipt. 67. Presence of agents. 68. Issue of postal ballot papers. 69. Provision of postal voters ballot boxes. 70. Envelopes to be placed in postal voters ballot boxes. 71. Envelopes to be treated as covering envelopes. 72. Procedure at close of poll. 73. Opening of postal voters ballot boxes. 74. Rejected receipts. 75. Ballot papers to be placed in ballot boxes. 76. Duties of returning officer in relation to documents relating to postal voters. 77. Definition of agent. PART XIV Voting by Special Voters 78. Interpretation (Part XIV). 79. Voting by special voters. 80. Special presiding officers. 81. Ballot paper etc. for special voters. 82. Method of voting by special voters. 83. Duties of special presiding officer in relation to covering envelopes and other documents. 84. Duties of returning officer in relation to documents relating to special voters. PART XV Polling on Islands 85. Advance polling on islands. 86. Polling on islands; further provisions. PART XVI Arrangements for the Poll 87. Notice of the poll. 88. Ballot papers. 89. The official mark. 90. Ballot boxes. 91. Use of local elections ballot boxes etc. 92. Polling information cards. 93. Use of schools and public premises. 94. Polling stations. 95. Presiding officers and poll clerks. PART XVII The Poll 96. Times of poll. 97. Opening of the poll. 98. Admission to polling station. 99. Voting by persons in the employment of returning officers. 100. Authorisation of physically ill or physically disabled elector to vote at another polling station. 101. Procedure for voting. 102. Spoilt ballot papers. 103. Voting by blind, incapacitated and illiterate electors. 104. Alleged personation. 105. Arrest of person committing personation. 106. Maintenance of order in polling station. 107. Obstruction of the poll. 108. Damage to polling stations. 109. Destruction etc. of ballot boxes or ballot papers. 110. Duties of presiding officer at close of poll. 111. Right to vote. PART XVIII Arrangements for the Counting of the Votes 112. Place for the counting of the votes. 113. Attendance at the counting of the votes. 114. Preliminary proceedings. 115. Time for the counting of the votes. 116. Conduct of the counting of the votes. 117. Handling of ballot papers by candidates or agents. PART XIX Rules for the Counting of the Votes 118. Interpretation (Part XIX). 119. First count. 120. The quota. 121. Transfer of surplus. 122. Exclusion of candidate. 123. Transfer of votes. 124. Filling of last vacancies. 125. Recount. 126. Declaration of result of the poll. 127. Notice of result of election. 128. Decision of returning officer. PART XX Retention, Inspection and Disposal of Documents 129. Retention and disposal of documents. 130. Inspection of ballot papers etc. 131. Inspection of certain other documents. PART XXI Dáil Election Petitions 132. Questioning of Dáil elections. PART XXII Electoral Offences 133. Offences in relation to registration of electors. 134. Personation. 135. Bribery. 136. Undue influence. 137. Breach of secrecy. 138. Offences relating to ballot boxes, ballot papers, nomination papers, certificates of political affiliation, official marks etc. 139. Disorderly conduct at election meeting. 140. Omission of name and address of printer and publisher from Dáil election documents. 141. Nominating or withdrawing a candidate without consent. 142. Forged certificate of political affiliation. 143. False declaration on nomination paper. 144. Officer acting as agent of candidate or furthering a candidature. 145. Obstruction of nomination or poll. 146. Interference with or destruction of postal ballot papers. 147. Obstruction of or interference with electors. 148. Personation agent leaving polling station without permission. 149. Prohibition on voting by person registered as elector when not entitled to be so registered. 150. Unlawful marking of ballot papers by persons acting as companions. 151. False statement of withdrawal or death of a candidate. 152. Misleading statement as to process of voting. 153. Handling of ballot papers by candidates or agents. 154. Unauthorised inspection of documents. 155. Corrupt withdrawal of petition. 156. Limitation of time for prosecution of offence. 157. Penalties. 158. Compensation where certain charge is unjustly made or not prosecuted. 159. Damages for breach of duty by officers etc. 160. Certificate of returning officer to be prima facie evidence. PART XXIII Miscellaneous 161. Secrecy. 162. Prohibition of disclosure of vote. 163. Publication of notices. 164. Adaptation or modification where there is emergency or special difficulty. 165. Special provisions where two or more elections have same polling day. 166. Amendment of Seanad Electoral (University Members) Act, 1937. 167. Amendment of Presidential Elections Act, 1937. 168. Amendment of Referendum Act, 1942. 169. Amendment of Seanad Electoral (Panel Members) Act, 1947. 170. Amendment of Electoral Act, 1963. 171. Construction of references in European Assembly Elections Acts, 1977 to 1992. 172. Amendment of European Assembly Elections Act, 1977. 173. Amendment of Postal and Telecommunications Services Act, 1983. 174. Amendment of Local Elections Regulations, 1965. FIRST SCHEDULE Enactments Repealed and Regulations Revoked Part I Enactments Repealed Part II Regulations Revoked SECOND SCHEDULE Registration of Electors Part I The Register of Electors Part II Supplement to the Register of Electors Part III Special Voters List Part IV General THIRD SCHEDULE Dáil Election Petitions FOURTH SCHEDULE Forms Part I Forms of Writ Part II Form of Ballot Paper Acts Referred to Petty Sessions (Ireland) Act, 1851 14 & 15 Vict., c. 93 Election Commissioners Act, 1852 15 & 16 Vict., c. 57 Supreme Court of Judicature Act (Ireland) 1877 40 & 41 Vict., c. 57 Parliamentary Elections and Corrupt Practices Act, 1879 42 & 43 Vict., c. 75 Corrupt and Illegal Practices (Prevention) Act, 1883 46 & 47 Vict., c. 51 Electoral Act, 1923 1923, No. 12 Prevention of Electoral Abuses Act, 1923 1923, No. 38 Court Officers Act, 1926 1926, No. 27 Electoral (Amendment) Act, 1933 1933, No. 14 Seanad Electoral (University Members) Act, 1937 1937, No. 30 Seanad Electoral (University Members) Acts, 1937 to 1973 Presidential Elections Act, 1937 1937, No. 32 County Management Acts, 1940 to 1991 Local Government Act, 1941 1941, No. 23 Referendum Act, 1942 1942, No. 8 Seanad Electoral (Panel Members) Act, 1947 1947, No. 42 Seanad Electoral (Panel Members) Acts, 1947 to 1972 Defence Act, 1954 1954, No. 18 Civil Service Regulation Act, 1956 1956, No. 46 Staff of the Houses of the Oireachtas Act, 1959 1959, No. 38 Electoral Act, 1960 1960, No. 43 Electoral Act, 1963 1963, No. 19 Succession Act, 1965 1965, No. 27 Electoral (Amendment) Act, 1966 1966, No. 1 Diplomatic Relations and Immunities Act, 1967 1967, No. 8 Electoral (Amendment) Act, 1972 1972, No. 4 Local Elections Act, 1972 1972, No. 12 European Communities Acts, 1972 to 1986 Electoral (Amendment) Act, 1973 1973, No. 3 Holidays (Employees) Act, 1973 1973, No. 25 European Assembly Elections Act, 1977 1977, No. 30 Medical Practitioners Act, 1978 1978, No. 4 Electoral (Amendment) (No. 2) Act, 1980 1980, No. 40 Prevention of Electoral Abuses Act, 1982 1982, No. 5 Postal and Telecommunications Services Act, 1983 1983, No. 24 European Assembly Elections Act, 1984 1984, No. 6 Electoral (Amendment) Act, 1985 1985, No. 12 Electoral (Amendment) Act, 1986 1986, No. 12 Electoral (Amendment) (No. 2) Act, 1986 1986, No. 35 Bankruptcy Act, 1988 1988, No. 27 Electoral (Amendment) Act, 1989 1989, No. 8 Number 23 of 1992 ELECTORAL ACT, 1992 AN ACT TO PROVIDE FOR THE REGISTRATION OF ELECTORS AND THE CONDUCT OF ELECTIONS TO DÁIL ÉIREANN AND TO AMEND AND EXTEND THE PRESIDENTIAL ELECTIONS ACTS, 1937 TO 1986, THE EUROPEAN ASSEMBLY ELECTIONS ACTS, 1977 TO 1986, THE REFERENDUM ACTS, 1942 TO 1992, THE SEANAD ELECTORAL (UNIVERSITY MEMBERS) ACTS, 1937 TO 1973, THE SEANAD ELECTORAL (PANEL MEMBERS) ACTS, 1947 TO 1972, THE LOCAL ELECTIONS ACTS, 1963 TO 1991, AND TO PROVIDE FOR RELATED MATTERS. [5th November, 1992] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I General Short title, collective citation, construction and commencement. 1.—(1) This Act may be cited as the Electoral Act, 1992. (2) The Presidential Elections Acts, 1937 to 1986 and Part II insofar as it relates to presidential electors and Part XXIII insofar as it relates to presidential elections may be cited together as the Presidential Elections Acts, 1937 to 1992, and shall be construed together as one Act. (3) The European Assembly Elections Acts, 1977 to 1986 and Part II insofar as it relates to European electors and Parts III and XXIII insofar as they relate to European elections may be cited together as the European Assembly Elections Acts, 1977 to 1992, and shall be construed together as one Act. (4) The collective citation “the Referendum Acts 1942 to 1992” shall include Part XXIII insofar as it relates to referenda and the Referendum Acts 1942 to 1992 shall be construed together as one Act. (5) The Local Elections Acts, 1963 to 1991 and Part II insofar as it relates to local government electors and Part XXIII insofar as it relates to local elections may be cited together as the Local Elections Acts, 1963 to 1992, and shall be construed together as one Act. (6) This Act, other than this section, shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act. (7) An order made under subsection (6) shall be laid before each House of the Oireachtas as soon as possible after it is made. Interpretation. 2.—(1) In this Act— “ballot paper” has the meaning assigned to it by section 88 ; “bye-election” means an election of a member of the Dáil to fill a vacancy occasioned by a person having ceased to be a member of the Dáil otherwise than in consequence of a dissolution; “certificate of political affiliation” has the meaning assigned to it by section 46 ; “civil servant” and “civil service” have the same meaning, respectively, as in the Civil Service Regulation Act, 1956 as amended by section 17 of the Staff of the Houses of the Oireachtas Act, 1959 ; “covering envelope” has the meaning assigned to it by sections 68 and 81 ; “Dáil” means Dáil Éireann; “Dáil election” means an election of a member or members to serve in the Dáil and includes a bye-election as well as a general election; “Dáil elector” means a person entitled to vote at a Dáil election; “the Defence Forces” has the meaning assigned to it by section 2 of the Defence Act, 1954 ; “election”, except where the context otherwise requires, means a Dáil election; “elector”, except where the context otherwise requires, means a Dáil elector; “European Communities” has the same meaning as in the European Communities Acts, 1972 to 1986; “European election” means an election in the State of members to the European Parliament and “European elector” means a person entitled to vote at such election; “European Parliament” means the Parliament of the European Communities; “excluded day” means a day which is a Sunday, Good Friday or a day which is declared to be a public holiday by the Holidays (Employees) Act, 1973 , or a day which by virtue of a statute or proclamation is a public holiday; “general election” means a general election for members of the Dáil held in accordance with subsection 2° of section 3 of Article 16 of the Constitution; “local electoral area” means the area or any of the areas (as may be appropriate) by reference to which a local election is held; “local election” means an election held pursuant to section 81 of the Electoral Act, 1963 , or a new election within the meaning of Part IV of the Local Government Act, 1941 ; “local government elector” means a person entitled to vote at a local election; “Member State” means, except in section 8 , a Member State of the European Communities; “the Minister” means the Minister for the Environment; “national of a Member State”, except in section 8 , has the meaning assigned to it in the treaties governing the European Communities; “notice of election” has the meaning assigned to it by section 44 ; “notice of poll” has the meaning assigned to it by section 87 ; “the official mark” has the meaning assigned to it by section 89 ; “personation agent” has the meaning assigned to it by section 60 ; “petition” means a petition presented to the High Court under this Act; “postal voter” means a person whose name is entered in the postal voters list; “postal voters ballot box” has the meaning assigned to it by section 69 ; “postal voters list” means the list prepared pursuant to section 14 ; “presidential election” means an election of a person to the office of President of Ireland; “presidential elector” has the meaning assigned to it by section 7 ; “the quota” has the meaning assigned to it by section 120 ; “Seanad” means Seanad Éireann; “special voter” means a person whose name is included in the special voters list; “special voters list” means the list of voters prepared by the registration authority pursuant to section 17 ; “the treaties governing the European Communities” has the same meaning as in the European Communities Acts, 1972 to 1986. (2) In this Act— (a) a reference to a Part, section, Schedule or part of a Schedule is to a Part or section of or a Schedule or part of a Schedule to this Act, unless it is indicated that reference to some other enactment is intended; (b) a reference to a subsection, paragraph, subparagraph or rule is to a subsection, paragraph, subparagraph or rule of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended; (c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act. Regulations. 3.—(1) The Minister may make regulations prescribing any matter or thing that is referred to in this Act as prescribed. (2) Every regulation made under this Act (other than regulations made under section 20 ) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. Expenses. 4.—(1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. (2) The expenses incurred by reason of this Act by An Post (whether such expenses relate to the exercise by candidates of the right of free postage conferred by section 57 or are otherwise so incurred in relation to a Dáil election) shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of the Central Fund or the growing produce thereof. Repeals. 5.—The enactments mentioned in Part I of the First Schedule are hereby repealed, and the regulations mentioned in Part II of the said Schedule are hereby revoked, to the extent specified in the third column of that Schedule. PART II Franchise and Registration of Electors Interpretation (Part II). 6.—In this Part, and in the Second Schedule — “constituency” means, as the context may require, a constituency for which candidates may be elected at a Dáil election or a European election; “Dáil constituency” means a constituency for which candidates may be elected at a Dáil election; “elector” means, as the context may require, a presidential elector, a Dáil elector, a European elector or a local government elector; “local authority” means the council of a county, the corporation of a county or other borough, the council of an urban district and the commissioners of a town; “medical practitioner” means a person whose name is entered in the General Register of Medical Practitioners established under the Medical Practitioners Act, 1978 ; “polling district” means a polling district in a scheme in force under section 28 ; “the register” means, as the context may require, the register of presidential, Dáil, European and local government electors or the register of presidential electors or the register of Dáil electors or the register of European electors or the register of local government electors and, where the context so requires, includes the supplement to the register, the postal voters list and the special voters list; “registration area” means an administrative county or county borough; “registration authority” means the council of a county or the corporation of a county borough; “the county registrar” means the county registrar for the county, county borough or other area coterminous with or contained in a registration area or a person appointed or designated under Rule 24 of the Second Schedule to perform the duties of a county registrar; “qualifying date” has the meaning assigned to it in section 11 (2); “the specified date” means, in relation to any purpose, the date specified in the Second Schedule as the specified date for that purpose. Registration of presidential electors. 7.—(1) A person shall be entitled to be registered as a presidential elector in a constituency if he has reached the age of eighteen years and if he was, on the qualifying date— (a) a citizen of Ireland, and (b) ordinarily resident in that constituency. (2) For the purposes of— (i) the Presidential Elections Acts, 1937 to 1992, (ii) the Referendum Acts, 1942 to 1992, and (iii) this Act, “presidential elector” means a person entitled to vote at an election of a person to the office of President of Ireland. (3) In the Presidential Elections Acts, 1937 to 1992 “elector”, when used alone, means a person described in subsection (1). Registration of Dáil electors. 8.—(1) A person shall be entitled to be registered as a Dáil elector in a constituency if he has reached the age of eighteen years and he was, on the qualifying date— (a) a citizen of Ireland, and (b) ordinarily resident in that constituency. (2) (a) In addition to those entitled to be registered under subsection (1) a person shall be entitled to be registered as a Dáil elector in a constituency if he is a person who has reached the age of eighteen years and who on the qualifying date— (i) complied with the requirement of subsection (1) (b), and (ii) was either— (I) a British citizen, or (II) a national of a Member State to which this subsection applied on that date. (b) This subsection applies to a Member State which is for the time being the subject of a declaration under subsection (3). (3) Where the Minister is of opinion that— (a) the law of a Member State relating to the election of members of, or deputies or other representatives in or to, the National Parliament of that Member State enables citizens of Ireland, by reason of their being such citizens and being resident in that Member State, to vote at such an election, and (b) the provisions of that law enabling citizens of Ireland who are so resident so to vote are the same, or are substantially the same, as those enabling nationals of that Member State so to vote, the Minister may by order declare that Member State to be a Member State to which subsection (2) applies. (4) (a) The Minister may by order specify criteria or other matters to which regard shall be had in order to determine whether or not a person is for the purpose of this section a national of a Member State and such order may provide that the provisions of the order shall relate to all Member States or to such one or more Member States as are specified in the order. (b) An order under this subsection may amend the definition of “a British citizen” in paragraph (a) of subsection (7) or the provisions of paragraph (b) of the said subsection (7). (c) In this subsection— “Member State” means a Member State of the European Communities other than the State; “national of a Member State” shall not be construed as referring to the State, or as including a citizen of the State. (5) Where— (a) an order under subsection (4) is for the time being in force, and (b) a Member State to which the order applies is for the time being a Member State to which subsection (2) applies, clause (II) of subsection (2) (a) (ii) shall be construed and have effect subject to the provisions of the order. (6) (a) The Minister may revoke or amend an order under this section (including an order under this subsection). (b) Where an order under this section (including an order under this subsection) is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House. (7) (a) Subject to subsection (4), in this section— “a British citizen” means a person who under the Act of the British Parliament entitled the British Nationality Act 1981 is a British citizen; “Member State”, except in subsection (4), means a Member State other than the State or the United Kingdom; “national of a Member State”, except in subsection (4), shall not be construed as referring to the United Kingdom or as including a British citizen. (b) The reference in paragraph (a) to the Act of the British Parliament mentioned in that paragraph is a reference to that Act as enacted by that Parliament on the 30th day of October, 1981. Registration of European electors. 9.—A person shall be entitled to be registered as a European elector in a constituency if he has reached the age of eighteen years and if, on the qualifying date, he was ordinarily resident in that constituency and was either— (a) a citizen of Ireland, or (b) a national of a Member State other than the State. Registration of local government electors. 10.—A person shall be entitled to be registered as a local government elector in a local electoral area if he has reached the age ofeighteen years and he was, on the qualifying date, ordinarily resident in that area. General provisions relating to the registration of electors. 11.—(1) (a) A person shall not be registered as an elector more than once in any registration area nor in more than one such area. (b) Where it appears that a person may, prima facie, be eligible for registration in respect of two or more premises, the question of which of such premises he shall be registered for shall, subject to any expression of choice by such person, be determined by the registration authority. (c) Where the premises referred to in paragraph (b) are situated in two or more registration areas, the registration authority for each such area shall take such steps as it considers necessary to ensure that the person is not registered in respect of more than one such registration area. (d) The provisions of sections 7 , 8 , 9 and 10 shall have effect subject to the provisions of this subsection. (2) (a) The qualifying date for every register of electors shall be the date specified for that purpose in the Second Schedule . (b) For the purposes of this Part, a person's age shall be taken to be that person's age on the date specified for that purpose in the Second Schedule . (3) For the purposes of this Part— (a) a person shall be deemed not to have given up ordinary residence if he intends to resume residence within eighteen months after giving it up, (b) a written statement by a person that he intends to resume residence within eighteen months after giving it up shall, in the absence of evidence to the contrary, be accepted as a correct statement. (4) (a) Where an elector who is a whole time member of the Defence Forces is resident in any barrack or other premises used for military purposes and there are premises in which he would, but for his service, be ordinarily resident on the qualifying date and, not later than the last day for making claims for registration, he furnishes to the registration authority for the registration area in which the last-mentioned premises are situate, a statement of such premises the statement shall, in the absence of evidence to the contrary, be accepted as a correct statement and he shall be registered in respect of those premises. (b) (i) In this subsection “a whole time member of the Defence Forces” means— (I) a member of the Permanent Defence Force, or (II) an officer of the Reserve Defence Force employed continuously on military service or duty during a period during which a proclamation authorising the calling out of reservists on permanent service is in force, or during a period during which reservists are called out on permanent service under section 88 of the Defence Act, 1954 , or (III) a reservist called out on permanent service. (ii) In the foregoing subparagraph “the Permanent Defence Force”, “officer”, “the Reserve Defence Force”, “proclamation authorising the calling out of reservists on permanent service” and “reservist” have the same meanings respectively as they have in the Defence Act, 1954 . (5) Where on the qualifying date, a person is detained in any premises in legal custody, he shall be deemed for the purposes of this section to be ordinarily resident in the place where he would have been residing but for his having been so detained in legal custody. (6) Where on the qualifying date, a person is a patient or inmate in any hospital or home for persons suffering from mental disability or similar institution, he shall be deemed for the purposes of this section to be ordinarily resident in— (a) in case the place where he would have been residing but for his having been such a patient or inmate can be ascertained by the registration authority — that place, (b) in case the place mentioned in paragraph (a) cannot be ascertained by the registration authority — the place where he last resided before he became such a patient or inmate. Certain persons deemed to be ordinarily resident in the State. 12.—(1) In this section— “appropriate registration authority” means the registration authority for the area in which the premises referred to in subsection (3) (a) are situate; “qualified person” means a citizen of Ireland who has reached the age of 18 years and is a civil servant and is a member of a mission and who, for the time being, because of the requirements of his duties, is serving outside the State; “member of a mission” means a person— (a) falling within the definition of “members of the mission” contained in the Vienna Convention on Diplomatic Relations done at Vienna on the eighteenth day of April, 1961, as set out in the First Schedule to the Diplomatic Relations and Immunities Act, 1967 , or (b) falling within the definition of “members of the consular post” contained in the Vienna Convention on Consular Relations done at Vienna on the twenty-fourth day ofApril, 1963, as set out in the Second Schedule to the said Act, or (c) who is a member of a Permanent Mission of Ireland to an international organisation; “spouse” means a person who is the spouse of a qualified person and is a citizen of Ireland and has reached the age of 18 years and is residing with the qualified person outside the State. (2) A person, who satisfies the appropriate registration authority that he is a qualified person, and the spouse of such person shall, for the purposes of this Part be deemed to be ordinarily resident on the qualifying date in the premises in the State in which, but for the requirements of his duties, the qualified person would be resident. (3) A qualified person may, not later than the date specified for that purpose in the Second Schedule , send to the appropriate registration authority a statement in the form directed by the Minister providing the following information— (a) the address of the premises in the State in which, but for the requirements of his duties, he would be resident on the qualifying date; and (b) particulars of his spouse (if any). (4) Every statement by a person pursuant to subsection (3) shall be accompanied by a certificate in the form directed by the Minister from the Secretary of the Department of Foreign Affairs certifying that such person is a qualified person. (5) A statement by a qualified person as to the premises in the State in which he would be resident on the qualifying date shall, in the absence of evidence to the contrary, be accepted as a correct statement, and he and his spouse (if any) shall be registered in respect of those premises. (6) A person who submits a statement to a registration authority pursuant to subsection (3) shall supply to the registration authority any information which such registration authority may require for the purposes of this section and the provisions of section 133 (1) shall apply to a requirement by a registration authority under this section. The register of electors. 13.—(1) A register by reference to registration areas consisting of administrative counties and county boroughs shall be prepared and published in every year of persons who were entitled to be registered as electors on the qualifying date and, in so far as it relates to presidential electors, it shall be the register of presidential electors, in so far as it relates to Dáil electors, it shall be the register of Dáil electors, in so far as it relates to European electors, it shall be the register of European electors and, in so far as it relates to persons entitled to vote at local elections, it shall be the register of local government electors. (2) Every register of electors shall come into force on the date specified for this purpose in the Second Schedule and shall remain in force until the day before the date on which the next register comes into force. (3) A reference in any existing enactment (other than this Act) to the electors lists shall, as the case may require, be construed as areference to the draft register prepared for the purposes of this Part, or the electors lists prepared, under section 16 , by a registration authority the subject of a direction under that section. (4) For the purposes of subsection (3) “existing enactment” means an enactment in operation at the time of the passing of this Act. Entry of names in postal voters list. 14.—An elector shall be entered in the postal voters list if he is— (a) a member of the Garda Síochána who not later than the last day for making claims for registration applies to be so entered, or (b) a whole time member of the Defence Forces (as defined in paragraph (b) of subsection (4) of section 11 ), or (c) a person who is deemed by virtue of section 12 to be ordinarily resident in premises in the State on the qualifying date. Supplement to the register of electors. 15.—(1) A person who, on the qualifying date in respect of a register of electors, was entitled to be registered as an elector, but was not so registered in that register, may apply to the registration authority to have his name entered in a supplement to the register which the registration authority is hereby empowered to prepare and publish. (2) The provisions of Part II of the Second Schedule shall apply to— (a) consideration of applications under subsection (1) by the registration authority and the ruling on such applications by the registration authority, (b) the ruling on an appeal against the decision of the registration authority, and (c) the preparation and publication by the registration authority of a supplement to the register of electors. (3) The registration authority shall, within the period after the publication of the register of electors specified for that purpose in the Second Schedule , ascertain if any corrections in the register are necessary because of errors of a clerical or typographical nature or because of misnomers or inaccurate descriptions and, if any such corrections are ascertained to be necessary, the registration authority shall publish a list of them and such list shall be deemed to form part of the register of electors and may form part of any supplement prepared pursuant to subsection (1). (4) A supplement to the register of electors published by the registration authority under subsection (1) shall be deemed to form part of the register of electors. (5) An application by a person to have his name entered in the supplement to the register, received by the registration authority on or after the twelfth day (disregarding any excluded day) before polling day at an election or referendum shall not have effect in relation to that election or referendum. Electors lists to replace draft register in the case of specified registration authorities. 16.—(1) The Minister may, by direction, specify a registration authority or registration authorities which shall publish electors lists in place of the draft register referred to in rule 5 (6) of Part I of the Second Schedule . (2) The electors lists shall consist of— (a) the register of electors in force at the time of publication of the electors lists (in this Act referred to as List A), (b) a list (in this Act referred to as List B) of persons entitled on the qualifying date to be registered as electors in respect of particular premises and whose names are not included in List A in respect of such premises, and (c) a list (in this Act referred to as List C) of persons whose names appear on List A, and who, on the qualifying date were not entitled to be registered as electors in respect of the premises stated in List A. (3) The Minister may give a direction under this section as often as he thinks fit. (4) (a) The Minister may amend or revoke a direction under this section. (b) Without prejudice to the generality of paragraph (a), a direction under this subsection may provide for the discontinuance of the publication of electors lists by a registration authority the subject of a direction under subsection (1), and for the publication by that registration authority of a draft register. (5) Where a direction under subsection (1) is in force in respect of a registration authority, a reference in this Act or in any other enactment to the draft register shall be construed as a reference to electors lists insofar as it applies to the said registration authority. Special voters list. 17.—(1) The registration authority shall prepare a list (in this Act referred to as the “special voters list”) of persons (in this Act referred to as “special voters”) entitled to vote at a Dáil election in accordance with the provisions of Part XIV or at any other election or referendum in accordance with the Electoral (Amendment) (No. 2) Act, 1986 without removing the names of the special voters from the register of electors. (2) The registration authority shall enter in the special voters list the name of every elector who applies to be so entered and who satisfies the registration authority that— (a) he is unable to go in person to vote at the polling place for his polling district by reason of his physical illness or physical disability; and (b) the physical illness or physical disability is likely to continue for the period of continuance in force of the register of electors in respect of which the application to be entered as a special voter is made. (3) The special voters list shall be in such form as the Minister may direct. (4) Part III of the Second Schedule shall apply to an application to be entered in the special voters list pursuant to subsection (2). Issuing of instructions. 18.—(1) The Minister may, whenever he thinks proper so to do, issue to all or any registration authorities or authority such instructions in relation to the registration of electors as he shall consider necessary or expedient in order to ensure the smooth and efficient registration of electors and to secure uniformity of procedure in regard thereto in all registration areas. (2) Subject to subsection (3), it shall be the duty of every registration authority to observe and comply with all instructions given to them by the Minister. (3) No registration authority shall be required or authorised by an instruction given by the Minister under this section to do any act (whether of commission or omission) which is contrary to this Act. Entry in register of name of revised constituency. 19.—Where by reason of a revision of constituencies, a polling district or part of a polling district is situate in a new constituency, which is identical in area and name with none of the constituencies existing immediately before such revision, the Minister may by direction provide for the entry of the name of that new constituency in respect of the polling district or the part of the polling district in the register of electors in force at the time of the revision and in every such register coming into force subsequent to such revision. Registration duties. 20.—(1) It shall be the duty of each registration authority to prepare and publish the register of electors in accordance with the provisions of the Second Schedule . (2) The Minister may, by regulations, amend the provisions of the Second Schedule whenever and as often as he thinks fit. (3) Where regulations under this section are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House. (4) (a) The Minister shall procure all printing or other reproduction required for registration purposes to be done in such manner as he considers proper. (b) The Minister may, by arrangements made with the sanction of the Minister for Finance, secure that three quarters of the total cost of preparing and publishing the register of electors shall be borne by the State and, subject to the foregoing, the cost shall be borne by registration authorities. (5) (a) Notwithstanding the provisions of paragraph (b) of subsection (4), where, in the opinion of the Minister, there are reasonable grounds for doing so, he may cause a greater proportion of the total cost of preparing and publishing the register to be borne by a registration authority than provided for in the said paragraph (b). (b) Without prejudice to the generality of paragraph (a), the Minister may under this subsection cause a greater proportion of the cost of preparing and publishing the registerto be borne by the registration authority than that provided for under subsection (4) if in his opinion— (i) there is undue delay attributable to the registration authority in the publication of the draft register or the register or the list of claims, or (ii) there are deficiencies attributable to the registration authority in the register. (c) Where the Minister proposes under this subsection to cause a greater proportion of the cost of preparing and publishing the register to be borne by the registration authority than provided for under subsection (4), he shall cause the reason for doing so to be furnished to the registration authority. Appeals. 21.—(1) An appeal shall lie to the Circuit Court from any decision on any claim or objection which has been considered under Part I of the Second Schedule , or any application or objection which has been considered under Part II of the said Second Schedule . (2) Subsection (1) shall be subject to the proviso that an appeal shall not lie where a claimant or objector or applicant has not availed himself of an opportunity provided in the Second Schedule of having his claim or objection or application decided in the first instance by the authority specified in that behalf in the said Schedule. (3) An appeal to the Supreme Court shall lie on any point of law from a decision of the Circuit Court on any such appeal, but, save as aforesaid, there shall be no appeal from any such decision. (4) The right of voting of any person whose name is for the time being on the register of electors shall not be prejudiced by an appeal pending under this section, and any vote given in pursuance of that right shall be as good as if no such appeal were pending, and shall not be affected by the subsequent decision on the appeal. (5) Notice shall be sent to the registration authority in manner provided by rules of court of the decision of the Circuit Court or the Supreme Court on any appeal under this section, and the registration authority shall make such alterations in the register of electors as may be required to give effect to the decision. Amendment of section 40 of Court Officers Act, 1926. 22.— Section 40 (6) of the Court Officers Act, 1926 , as amended by section 7 (7) of the Electoral Act, 1963 , is hereby amended by the substitution for “under the regulations made pursuant to section 7 of the Electoral Act, 1963 ” of “pursuant to the Second Schedule to the Electoral Act, 1992”. Amendment of section 1 of European Assembly Elections Act, 1977. 23.— Section 1 of the European Assembly Elections Act, 1977 , as amended by section 23 of the Electoral (Amendment) (No. 2) Act, 1986 , is hereby amended by the substitution for the definition of “the postal voters list” of the following definition: “‘the postal voters list’ means the list prepared pursuant to section 14 of the Electoral Act, 1992;”. Amendment of Electoral (Amendment) (No. 2) Act, 1986. 24.—(1) Section 1 of the Electoral (Amendment) (No. 2) Act, 1986 , is hereby amended by the substitution for the definition of “special voters list” of the following definition: “‘special voters list’ means the list of voters prepared by the registration authority pursuant to section 17 of the Electoral Act, 1992.”. (2) Section 16 (1) of the Electoral (Amendment) (No. 2) Act, 1986 , is hereby amended by the substitution for “ section 15 of this Act” of “ section 12 of the Electoral Act, 1992”. PART III Registration of Political Parties Register of political parties. 25.—(1) (a) The person who for the time being holds the office of Clerk of the Dáil shall be the Registrar of Political Parties for the purposes of this section. (b) If and so long as the office of Clerk of the Dáil is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, the Clerk-Assistant of the Dáil shall act as Registrar of Political Parties for the purposes of this section. (c) In the subsequent subsections of this section, “the Registrar” means the Registrar of Political Parties for the purposes of this section or the Clerk-Assistant of the Dáil acting as such Registrar (as may be appropriate). (2) A political party may apply to the Registrar to be registered in the Register of Political Parties as a party— (a) organised in the State to contest a Dáil election or a European election or a local election, or (b) organised in a part of the State specified in the application to contest a Dáil election or a European election or a local election. (3) The Registrar shall prepare and maintain a register (to be known as the Register of Political Parties) in which, subject to the subsequent provisions of this section, he shall register any political party— (a) which applies to him for registration, and (b) which is in his opinion— (i) a genuine political party, and (ii) organised in the State or a part thereof to contest a Dáil election or a European election or a local election. (4) The following particulars shall be entered in the Register of Political Parties in respect of a political party registered therein— (a) the name of the party, (b) the address of the party's headquarters, (c) the name or names of the officer or officers of the party authorised to sign certificates authenticating the candidature of candidates of the party at elections, (d) the type or types of election for which the party is registered as being organised to contest, (e) where a party is registered as organised to contest an election in a particular part of the State, a reference to that fact. (5) Where a party which is registered in the Register of Political Parties as a party organised to contest a European election satisfies the Registrar that a member of the party who is a representative in the European Parliament is a member of a political group formed in accordance with the rules of procedure of the Parliament, the Registrar shall note on the Register, in relation to the party, the name of the group. (6) A political party shall not be registered in the Register of Political Parties if its name— (a) is identical with the name of any party already registered in the Register of Political Parties or, in the opinion of the Registrar, so nearly resembles such name as to be calculated to mislead, confuse or deceive, (b) is, in the opinion of the Registrar, unduly long, or (c) in the case of a party operating in relation to a particular part only of the State, does not include such reference to that part as, in the opinion of the Registrar, distinguishes the party as so operating. (7) A political party registered in the Register of Political Parties shall from time to time keep the Registrar informed as to the name or names of the officer or officers referred to in paragraph (c) of subsection (4). (8) The Registrar shall, with respect to each party registered in the Register of Political Parties, inquire in writing at least once in each year from an officer of the party referred to in paragraph (c) of subsection (4), whether the party desires to remain registered and, unless he receives an affirmative reply to such an inquiry within twenty-one days from the date of the making of such inquiry, he shall cancel the registration of the party concerned. (9) (a) As soon as he has considered an application for registration under this section the Registrar shall notify the applicant of his proposed ruling on the application (stating reasons in the case of refusal) and shall cause notice thereof to be published in the Iris Oifigiúil and any person aggrieved by the proposed ruling of the Registrar may appeal to an appeal board under this section within the five days next following the date of publication of the said notice in the Iris Oifigiúil. (b) Where no appeal is made under this subsection within the period specified in paragraph (a) the proposed ruling shall thereupon become final and the Registrar shall notify the applicant accordingly. (c) The appeal board shall consist of a Judge of the High Court (to be nominated by the President of the High Court),who shall be chairman, the Chairman of the Dáil (or where he is unable, through illness, absence or other cause to fulfil his duties or the office of Chairman is vacant, the Deputy Chairman of the Dáil) and the Chairman of the Seanad (or where he is unable, through illness, absence or other cause to fulfil his duties or the office of Chairman is vacant, the Deputy Chairman of the Seanad). (d) An appeal under this section shall not be considered by the appeal board unless at the time the appeal is made a deposit of £500 is lodged with the appeal board by, or on behalf of, the appellant, which sum shall on the determination of the appeal be returned to the person by whom it was made unless the appeal board considers the appeal to be frivolous or vexatious and directs that the deposit be forfeited. (e) A deposit forfeited under this section shall be disposed of in such manner as may be directed by the Minister for Finance. (f) The decision of the appeal board shall be final and shall be complied with by the Registrar. (g) An appeal under this section shall be in writing setting out the grounds thereof and shall be made by being lodged together with the deposit referred to in paragraph (d) at the office of the Registrar. (10) (a) Where it appears to the Registrar that a political party registered in the Register of Political Parties is not entitled to be so registered he shall, following such inquiry as he thinks fit, publish in the Iris Oifigiúil notice of his intention to cancel the registration of the party. (b) Subsection (9) shall apply to an intention under this subsection in the same way as it applies to a ruling under the said subsection (9). (c) Where a party is registered in the Register of Political Parties, the registration of the party shall not be affected by any appeal pending under this subsection. (11) The Registrar shall maintain a copy of the Register of Political Parties at his office and shall permit any person to inspect such copy and to take a copy thereof on payment of a fee not exceeding the reasonable cost of copying at such times and subject to such conditions as the Registrar considers appropriate. (12) The Registrar may require any person to give any information in his possession which the Registrar may require for the purpose of his duties under this section. (13) The following provisions shall apply in relation to a party registered in the Register of Political Parties— (a) where the party is registered as organised to contest a particular type or types of election, the registration shall have effect only in relation to elections of the type or types concerned; (b) where the name of the party includes a reference which distinguishes the party as operating is a particular partonly of the State, the registration shall have effect only in relation to that part of the State. (14) On the third day (disregarding any excluded day) after the day of the issuing under section 39 of a writ or writs, the Registrar shall send to the returning officer or each returning officer a copy of the Register of Political Parties then in force. (15) The Minister for Finance shall, out of moneys provided by the Oireachtas, pay to the Registrar the amount of his reasonable charges, not exceeding such amount as may be sanctioned by that Minister, in respect of the performance by the Registrar of his duties under this section. (16) The Register of Political Parties in force at the commencement of this section shall be deemed to be the Register of Political Parties prepared and maintained under this section. Amendment of European Assembly Elections Acts, 1977 and 1984. 26.—(1) The European Assembly Elections Act, 1977 is hereby amended by— (a) the substitution of “pursuant to section 25 (4) (c) of the Electoral Act, 1992” for “either pursuant to section 13 (3) (c) of the Electoral Act, 1963 , or pursuant to that section as applied by section 8 (4) of this Act” in subsection (2) (a) (ii) of section 15 (as amended by section 6 of the European Assembly Elections Act, 1984 ); and (b) the substitution of “ section 25 (4) (c) of the Electoral Act, 1992” for “section 13 (3) (c) of the Act of 1963 or pursuant to that section as applied by section 8 of this Act” in rule 4 (4) of the First Schedule. (2) Section 4 of the European Assembly Elections Act, 1984 is hereby amended by the substitution of “pursuant to section 25 (4) (c) of the Electoral Act, 1992” for “either pursuant to section 13 (3) (c) of the Electoral Act, 1963 , or pursuant to that section as applied by section 8 (4) of the Principal Act,” in paragraph (a) of subsection (1). PART IV Polling Districts and Polling Places Interpretation (Part IV). 27.—In this Part “local authority” means the council of a county or the corporation of a county borough. Polling districts and polling places. 28.—(1) Each local authority shall, as soon as may be after the commencement of this Part, and thereafter at least once in every ten years, following consultation with the returning officer for Dáil elections in respect of the county or county borough and in accordance with regulations made by the Minister, make a scheme dividing the county or county borough into polling districts for the purposes of Dáil elections, European elections and local elections and appointing a polling place for each polling district. (2) A scheme under this section made by the local authority shall come into operation— (a) if, but only if, it is confirmed by the Minister under the next subsection, and (b) on the day specified in that behalf by the Minister. (3) As soon as may be after they have made a scheme under this section, the local authority shall submit the scheme to the Minister for confirmation and the Minister shall— (a) confirm the scheme with or without modification, or (b) instruct that it be resubmitted to him in a modified form for confirmation, or (c) refuse to confirm it. (4) A scheme under this section shall continue in operation until the next such scheme in respect of the county or county borough comes into operation and shall then expire. (5) A polling place appointed by a scheme under this section shall be an area and may be within or outside the county, county borough, constituency or local electoral area in which the polling district is situate, but shall be such as to give the electors allocated to it reasonable facilities for voting. (6) Subject to subsection (7), the making of a scheme under this section shall be, in the case of the council of a county, a reserved function for the purposes of the County Management Acts, 1940 to 1991, and, in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough. (7) The Minister may require a local authority to make a scheme under this section within such period (not being less than one month) as the Minister may direct and if the local authority refuse or fail to make such a scheme within the period directed by the Minister, the Minister may himself make a scheme in respect of such county or county borough. (8) Until the first scheme under this section comes into operation in relation to a county or county borough, the polling districts and polling places existing in relation to the county or county borough immediately before the commencement of this section shall continue. After the coming into operation of the first scheme, any reference to a polling district or polling place in any Act, order or regulation shall, where appropriate, be construed in relation to such county or county borough as a reference to a polling district or polling place under a scheme in force under this section. (9) Regulations made under section 22 of the Electoral Act, 1963 and in force immediately before the commencement of this Act shall, notwithstanding the repeal of the said section 22, remain in force until regulations are made under subsection (1) and shall be deemed to be regulations made under this section. (10) An election shall not be questioned on the grounds of any non-compliance with the provisions contained in this section or any informality in regard to polling districts, places or stations. Temporary arrangements with respect to certain polling districts. 29.—(1) Where, following a revision of constituencies a polling district existing immediately prior to such revision is not wholly situate within a new Dáil constituency, the appropriate …