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Act 2004 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

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struments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2004 Electoral (Amendment) Act 2004 Electoral (Amendment) Act 2004 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 Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 15 of 2004 ELECTORAL (AMENDMENT) ACT 2004 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title, collective citations, construction and commencement. 2. Offences relating to voting system equipment. 3. Repeal. PART 2 Vote Recording and Electronic Vote Counting 4.

terpretation.

1. Use of voting machines and electronic vote counting.
2. Application of certain provisions of relevant enactments.
3. Modification of relevant enactments

their application for purposes of Act.

1. Preparation of voting machines.
2. Opening of poll.
3. Procedure for voting.
4. Duties of presiding officer at close of poll.
5. Counting of postal and special voter ballot papers under this Part.
6. Preliminary proceedings and time for counting of votes.
7. Further application of certain provisions of relevant enactments.
8. Election petitions.
9. Modification of Local Elections (Petitions and Disqualifications) Act 1974

its application for purposes of Act. PART 3 Commission on Electronic Voting 17. Commission on Electronic Voting. 18.

dependence of Commission.

1. Membership.
2. Provisions

relation to members.

1. Functions of Commission.
2. Presentation of reports of Commission.
3. Commission to

vite and consider submissions.

1. Staff and assistance.
2. Expenses.
3. Procedure of Commission.
4. Prohibition on disclosure of

formation and absolute privilege of certain matters. 28. Prohibition of certain communications. 29.

demnification of Commission and certain other persons. PART 4 Miscellaneous 30. Provision of detailed poll

formation.

1. Amendment of section 88 of Electoral Act
3. Amendment of Electoral (Amendment) Act
5. Amendment of Schedule to Electoral Act
7. Amendment of section 161 of Local Government Act
9. Unlawful possession of polling

formation card. SCHEDULE 1 Modification of Certain Provisions of Act of 1997 SCHEDULE 2 Modification of Certain Provisions of Regulations of 1995 SCHEDULE 3 Modification of Certain Provisions of Act of 1994 SCHEDULE 4 Modification of Certain Provisions of Act of 1993 SCHEDULE 5 Commission on Electronic Voting — Text of Terms of Reference. Acts Referred to Electoral Act 1992 1992, No. 23 Electoral (Amendment) Act 1996 1996, No. 43 Electoral (Amendment) Act 2001 2001, No.38 Electoral Act 1997 1997, No. 25 Electoral Acts 1992 to 2002 European Communities Act 1972 1972, No. 27 European Parliament Elections Act 1997 1997, No. 2 European Parliament Elections Acts 1992 to 2004 Houses of the Oireachtas Commission Act 2003 2003, No. 28

surance Acts 1909 to 2000 Local Elections (Petitions and Disqualifications) Act 1974 1974, No. 8 Local Government Act 2001 2001, No. 57 Local Government (No. 2) Act 2003 2003, No. 17 Local Government Acts 1925 to 2003 Local Elections Acts 1974 to 2002 Presidential Elections Act 1993 1993, No. 28 Presidential Elections Acts 1992 to 2001 Referendum Act 1994 1994, No. 12 Referendum Acts 1992 to 2001 Number 15 of 2004 ELECTORAL (AMENDMENT) ACT 2004 AN ACT TO AMEND AND EXTEND THE ELECTORAL ACTS 1992 TO 2002, THE EUROPEAN PARLIAMENT ELECTIONS ACTS 1992 TO 2004, THE PRESIDENTIAL ELECTIONS ACTS 1992 TO 2001, THE LOCAL GOVERNMENT ACTS 1925 TO 2003, THE LOCAL ELECTIONS ACTS 1974 TO 2002 AND THE REFERENDUM ACTS 1992 TO 2001 AND TO PROVIDE FOR RELATED MATTERS. [18th May, 2004] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title, collective citations, construction and commencement. 1.—

so far as it relates to European Parliament elections shall be read together as one and this Act (

so far as it so relates) shall be

cluded

the collective citation “European Parliament Elections Acts 1992 to 2004”.

so far as it relates to presidential elections may be cited together as the Presidential Elections Acts 1992 to 2004, and shall be read together as one.

so far as it relates to referendums may be cited together as the Referendum Acts 1992 to 2004 and shall be read together as one.

so far as it relates to local elections may be cited together as the Local Elections Acts 1974 to 2004 and shall be read together as one.

to operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

terferes with any voting system equipment, or (b) he or she maliciously destroys, tears or defaces any voting machine equipment.

terpretation. 4.—

this Part— “Act of 1992” means the Electoral Act 1992 ; “Act of 1993” means the Presidential Elections Act 1993 ; “Act of 1994” means the Referendum Act 1994 ; “Act of 1997” means the European Parliament Elections Act 1997 ; “Act of 2001” means the Electoral (Amendment) Act 2001 ; “Regulations of 1995” means the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 ); “cartridge or disc” means a device that is used

a voting machine to record each vote; “election” means, as the context may require, a Presidential election, a European election or a local election; “electronic”

cludes electrical, digital, magnetic, optical, electromagnetic and any other form of related technology; “electronic voting system” means a voting system

which the votes are recorded and automatically counted and the results automatically tabulated by use of electronically operated apparatus; “enactment”

cludes an

strument made under an enactment; “relevant Act or Regulations” means, as appropriate, the Act of 1993, the Act of 1994, the Act of 1997 or the Regulations of 1995; “returning officer” means, as the context may require, a returning officer for the election or referendum concerned

cluding a local returning officer; “voting machine” means an apparatus on which voters cast their votes, that records each vote, and that furnishes a total of the number of votes cast on the machine at an election or at a referendum; “voting system” means a method of casting and counting votes that is designed to function wholly or partly by use of mechanical, electro-mechanical or electronic apparatus and

cludes the procedures for casting and counting votes and the programmes, operating manuals, printouts and other software necessary for the system's operation; “voting system equipment” means any kind of mechanical, electro-mechanical or electronic apparatus for use

a voting system.

cluding any such section as modified and applied by Part 3 of the Act of 2001, each such section shall be deemed to be applied to the conduct of a referendum

a constituency

accordance with this Act.

cluding any such section as modified and applied by Part 3 of the Act of 2001, each such section shall be deemed to be applied to the conduct of a presidential election

a constituency

accordance with this Act. Use of voting machines and electronic vote counting. 5.—

Parts III and V of the Act of 1993, Parts II and III of the Act of 1994, Parts VI to XI of the Second Schedule to the Act of 1997 and Parts IX to XIII of the Regulations of 1995, voting and vote counting at an election or at a referendum may be undertaken on voting system equipment approved for such purpose under Part 3 of the Act of 2001.

subsection

that Part to a Dáil election were a reference to such an election or referendum as appropriate and with other necessary modifications.

terest so requires, by order designate— (

1. a)one or more or all constituencies, (
2. b)one or more or all local electoral areas, as being a constituency or constituencies or a local electoral area or areas

which voting system equipment approved under section 36

cluding an order under this subsection made

relation to either of those sections).

structions

relation to voting and vote counting under this Part as he or she shall consider necessary or expedient

order to ensure smooth and efficient voting and vote counting and to secure uniformity of procedures under this Part.

struction given by the Minister under subsection

Schedule 1 , 2 , 3 or 4 to this Act, apply and have effect

relation to voting and vote counting under this Part at a relevant election or, as the case may be, a referendum. Modification of relevant enactments

their application for purposes of Act. 7.—Schedules 1 to 4 to this Act have effect for the purpose of modifying certain enactments

so far as those enactments apply for the purposes of this Act. Preparation of voting machines. 8.—

stalled on the voting machines for his or her constituency or local electoral area the ballot paper referred to

subsection

the cartridges or discs for recording votes to be cast on each such voting machine and have such a cartridge or disc

stalled

each voting machine.

stalling a ballot paper and a cartridge or disc as aforesaid

the machine, each voting machine is operating satisfactorily.

such a manner as to prevent the compartment being

terfered with without breaking the lock or seal except

accordance with section 11 . Opening of poll. 9.—

section 8 has not been

terfered with, shall operate the voting machine

his or her charge to demonstrate to such persons as are present

the polling station that no votes are cast or recorded on the machine. The presiding officer shall cause a printed statement to be produced by the machine showing the names of candidates on the ballot paper at the election or the two questions on the ballot paper

the case of a referendum and that no votes are cast or recorded on the machine. The statement shall be signed by the presiding officer and witnessed by an agent or other person

the polling station. The presiding officer shall then place the voting machine

his or her view during the poll.

subsection

formation that would have been recorded

that statement, being

formation displayed on the voting machine's display screen, together with any other

formation specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the presiding officer and witnessed by an agent or other person

the polling station. Procedure for voting. 10.—

the relevant Act or Regulations concerning voting with the assistance of a companion or presiding officer, personation and the right to vote, the presiding officer shall permit an elector, who applies to vote and declares his or her name and address, to vote on a voting machine.

cluding polling district letter) and name of the elector as stated

the register shall be called out, (b) a mark shall be placed

the register against the number of the elector to denote that the elector has been permitted to vote, and (c) the presiding officer or person authorised by him or her shall open the voting machine.

the polling station or such one of them as he or she is directed to so go to by the presiding officer and there shall secretly record his or her preferences on the ballot paper displayed on the voting machine and shall then cast his or her vote by pressing the cast vote button on that machine. He or she shall vote without undue delay and shall leave the polling station as soon as he or she has voted.

accordance with subsection

such circumstances, the voting machine is still open, the presiding officer shall de-activate it.

a case to which subsection

a form directed by the Minister of the number of electors permitted to vote on voting machines

the polling station and, as respects each such machine, the number of electors who voted on it and the number of

stances arising under subsection

section 8 on each voting machine

the polling station has not been

terfered with, shall cause a statement showing a list of the candidates on the ballot paper at the election or two questions on the ballot paper

the case of a referendum and the total number of votes recorded on the machine at the polling station to be produced by the machine. The statement shall be signed by the presiding officer and witnessed by another person

the polling station. The presiding officer shall then open the lock and remove the cartridge or disc from each such voting machine so that no further votes can be entered therein.

section 9

such form as may be directed by the Minister, made out by him or her and shall seal up

separate packets— (

1. a)the marked copies of the register of electors used, (
2. b)a statement prepared

accordance with section 104

pursuance of this section and of all documents connected with the poll.

subsection

formation that would have been recorded

that statement, being

formation displayed on the voting machine's display screen, together with any other

formation specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the presiding officer and witnessed by an agent or other person

the polling station. Counting of postal and special voter ballot papers under this Part. 12.—

the presence of agents and not less than 2 members of the returning officer or local returning officer's staff, not earlier than one hour before the conclusion of voting on polling day.

the appropriate ballot paper account prepared under section 76 of the Act of 1992 (as modified and applied to the Act of 1993 or Act of 1994) or Rule 39 of the Second Schedule to the Act of 1997 or Article 41 of the Regulations of 1995 as applied to this Part by a Schedule to this Act.

valid and before commencing the entry of ballot paper preferences, the returning officer or local returning officer shall operate the voting machine

his or her charge, which shall have a cartridge or disc

stalled

it

accordance with section 8 , to demonstrate to such persons as are present that no votes are cast or recorded on the voting machine. The returning officer or local returning officer shall cause a printed statement to be produced by the voting machine showing the names of the candidates on the ballot paper at the election or the two questions on the ballot paper

the case of a referendum and that no votes are cast or recorded on the machine. The returning officer or local returning officer shall then

the presence of agents and not less than 2 members of his or her staff enter the preferences shown on the postal and special voters ballot papers on the ballot paper displayed on the voting machine. After a vote preference or preferences has or have been entered on the said ballot paper from each postal or special voter ballot paper, the returning officer or local returning officer shall then press the cast vote button on the voting machine.

the voting machine, the returning officer or local returning officer shall cause a printed statement to be produced by the machine showing the list of candidates on the ballot paper at the election or the questions on the ballot paper

the case of a referendum and the number of votes recorded.

a sealed envelope until the counting of votes commences

accordance with section 13 .

subsection

separate sealed packets— (

1. a)the postal and special voters ballot papers, and (
2. b)the ballot papers rejected under subsection

the relevant Act or Regulations.

subsection

formation that would have been recorded

that statement, being

formation displayed on the voting machine's display screen, together with any other

formation specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the returning officer or local returning officer and witnessed by an agent or if no agent is present by another person present. Preliminary proceedings and time for counting of votes. 13.—

the presence of agents, as the cartridges or discs referred to

sections 11 and 12 are received at the count centre. If circumstances as aforesaid arise, the returning officer or local returning officer shall, upon those circumstances ceasing to exist, proceed with the counting of the votes

the manner aforesaid.

cluding the cartridge or disc containing the votes of postal and special voters, the returning officer or local returning officer

the presence of the agents shall

sert each cartridge or disc

an apparatus provided

the constituency or local electoral area concerned for the purpose of counting the votes entered

the voting machines

the various polling stations

that constituency or local electoral area (

this Part referred to as a “constituency vote counting machine”).

respect of each cartridge or disc from a voting machine with the number of votes recorded on the statements prepared pursuant to sections 11 and 12

respect of each machine and shall prepare a statement showing the result of this comparison

respect of all the voting machines. The returning officer or local returning officer shall, on request, allow an agent to be present at that procedure and shall on request provide a copy of the second-mentioned statement to any agent.

accordance with subsection

all the cartridges or discs

serted on the said machine, to create a table of the mixed votes which shall be numbered

consecutive order, the number “1” being assigned to the vote placed highest

the table, the number “2” being assigned to the vote placed next highest

the table and so on, and to proceed to cause the said machine to count the votes

accordance with the provisions of the relevant Act or Regulations and this Act.

cluding a referendum, is held on the same polling day, the provisions of section 165 of the Act of 1992 as modified by Part 3 of the Act of 2001 shall apply. Further application of certain provisions of relevant enactments. 14.—

the case of a European election, Part XI of the Second Schedule to the Act of 1997 (other than paragraphs

the Act of 1997 to a ballot paper or papers shall be construed as a reference to a vote cast on a voting machine or,

the case of a reference to postal or special voters ballot papers, a vote entered

a voting machine.

that Part XI, as applied to this Act, being performed by the returning officer or local returning officer shall be construed as a reference to the performance of those functions by electronic methods.

that Rule to Rule 79 were a reference to section 13 of this Act and the words “, rejecting any that are

valid,” were deleted.

the case of a local election, Part XIII of the Regulations of 1995 (other than sub-articles

that Part XIII to a ballot paper shall be construed as a reference to a vote cast on a voting machine or,

the case of a reference to postal or special voters ballot papers, a vote entered

a voting machine.

that Part XIII, as applied to this Act, being performed by the returning officer shall be construed as a reference to the performance of those functions by electronic methods.

that Article to Article 76 were a reference to section 13 of this Act and the words “, rejecting any that are

valid,” were deleted.

the case of a referendum, Part III of the Act of 1994 (other than subsections

that Part III to a ballot paper or papers shall be construed as a reference to a vote cast on a voting machine or,

the case of a reference to postal or special voters ballot papers, a vote entered

a voting machine.

that Part III, as applied to this Act, being performed by the returning officer or local returning officer shall be construed as a reference to the performance of those functions by electronic methods.

valid,” were deleted.

the case of a presidential election, Part IV of the Act of 1993 (other than sections 48 and 52) shall apply to the counting of votes under this Act. Any reference

that Part IV to a ballot paper shall be construed as a reference to a vote cast on a voting machine or,

the case of postal or special voters ballot papers, a vote entered

a voting machine.

that Part IV, as applied to this Act, being performed by the local returning officer or returning officer shall be construed as a reference to the performance of those functions by electronic methods.

valid,” were deleted. Election petitions. 15.—Part V of the Act of 1993, Part IV of the Act of 1994, Part XV of the Second Schedule to the Act of 1997 or the Local Elections (Petitions and Disqualifications) Act 1974 , as appropriate, shall apply to voting and vote counting under this Part as modified by section 16 and the relevant Schedule to this Act. Modification of Local Elections (Petitions and Disqualifications) Act 1974

its application for purposes of Act. 16.—The Local Elections (Petitions and Disqualifications) Act 1974 ,

its application to voting and vote counting under this Act, shall have effect as if the following section were substituted for section 8: “8.—

a local electoral area shall be counted afresh, or (b) that all the votes so cast or recorded

cartridges or discs

particular voting machines shall be so counted, and where the court so orders, the provisions of this section shall have effect.

clude a capability of providing a table of the preferences recorded for each vote cast at the poll at the election,

cluding the vote number referred to

section 13 of the Electoral (Amendment) Act 2004 and a separate record of each vote cast at the election, showing the preferences recorded on it and the vote number referred to

that section 13 and where applicable, the number at each count at which the vote was either transferred to the next available preference recorded on it or became a non-transferable vote not effective.

accordance with Part XIII of the Regulations of 1995 as modified by Schedule 2 to the Electoral (Amendment) Act 2004 but subject to subsections

counting the votes afresh pursuant to an order under this section, the count shall begin without disturbing the mix carried out by the constituency vote counting machine under section 13 of the Electoral (Amendment) Act 2004.

the Irish language “An Coimisiún um Vótáil Leictreonach” and

the English language “Commission on Electronic Voting” shall continue

being and continue to be so known and styled (and

this Act is referred to as the “Commission”).

office as such chairperson or ordinary member subject to and

accordance with this Act.

dependence of Commission. 18.—The Commission and its members shall be

dependent

the performance of their functions under this Part. Membership. 19.—The Commission shall consist of the following members: (

1. a)a judge of the High Court who shall be the chairperson of the Commission; (
2. b)the Clerk of the Dáil; (
3. c)the Clerk of the Seanad; and (
4. d)2 other persons with knowledge or experience

the field of

formation technology. Provisions

relation to members. 20.—

section 21 have been presented to the Chairman of the Dáil under section 22 , the person appointed to be chairperson of the Commission— (

1. a)through ill-health or other reasonable cause becomes unable to act as such chairperson, the President of the High Court shall assign another judge of the High Court to be a member and the chairperson of the Commission, (
2. b)ceases to hold office as a judge of the High Court, the person shall continue as such chairperson until the reports of the Commission have been presented unless the President of the High Court assigns another judge to be a member and the chairperson of the Commission, and the person so assigned shall be a member and the chairperson of the Commission accordingly.

paragraph (

1. b)or (
2. c)of section 19 or a person referred to

paragraph (d) of that section, through ill-health or other reasonable cause, is unable to act as a member of the Commission, or any such office is vacant, the Government may appoint,

the case of— (

1. a)the Clerk of the Dáil, the Clerk-Assistant of the Dáil, (
2. b)the Clerk of the Seanad, the Clerk-Assistant of the Seanad, (
3. c)the person referred to

paragraph (d) of that section, another such person, to be a member of the Commission and the person so appointed shall remain a member of the Commission until the reports of the Commission are presented to the Chairman of the Dáil under section 22 .

paragraph (

1. b)or (
2. c)of section 19 , that person shall continue as a member of the Commission until the reports of the Commission have been presented unless the Government by order directs that the person's successor

office or the appropriate person referred to

paragraph (

1. a)or (
2. b)of subsection

its membership. Functions of Commission. 21.—It shall be the function of the Commission to make— (a) such reports as are required by the terms of reference given by the Government to the Commission before the passing of this Act and which terms of reference are set out

Schedule 5 to this Act, and (b) such reports (if any) as may be required pursuant to section 22

those terms to elections shall be deemed to

clude references to any other poll or polls held throughout the State on the date concerned pursuant to any enactment. Presentation of reports of Commission. 22.—

accordance with section 21 (a) to the Chairman of the Dáil.

subsection

accordance with section 21 (a), the Commission shall stand dissolved.

relation to such matters as may be specified

the order, the Commission shall not stand dissolved until the presentation of the report, or the last of the reports, pursuant to that order.

vite and consider submissions. 23.—

accordance with its terms of reference,

vite and consider submissions from the public on such basis as it may consider appropriate.

cluding the services of staff of the Houses of the Oireachtas Commission, as may reasonably be required by the first-mentioned Commission. Expenses. 25.—

cluding the reasonable travelling and other expenses of the members of the Commission and expenses arising from the provision of services to the Commission pursuant to section 24 shall, subject to such conditions as the Minister for Finance may determine, be charged on and paid out of the Central Fund or the growing produce thereof.

relation to all expenses

curred by the Commission prior to the passing of this Act and such expenses shall be recouped from the Central Fund

accordance with such arrangements as may be determined by the Minister for Finance.

the performance of its functions under this Part and shall comply with any direction of the Minister for Finance as to the form and manner and period

respect of which such accounts are to be kept.

pursuance of subsection

formation and absolute privilege of certain matters. 27.—

formation obtained while serving as (or during service as) a member of the Commission or as a person whose services are made available to the Commission under section 24 or as a consultant or other person providing services to the Commission, being

formation relative to the business of the Commission or the performance of its functions.

any form at meetings or sittings of the Commission by its members or staff, consultants or other persons providing services to the Commission and such statements wherever published subsequently. Prohibition of certain communications. 28.—

fluencing the Commission

performing its functions.

demnification of Commission and certain other persons. 29.—

demnify the Commission and each of its members against all actions and claims however they arise

respect of the performance by the Commission or a member of it of functions under this Part.

demnification under subsection

the same manner as section 25 provides that the expenses of the Commission shall be met.

the consent,

demnify, on such terms as it thinks appropriate— (a) any person against any loss or damage

respect of

tellectual property rights or other loss or damage that may arise from the performance by it of functions under this Part, or (b) any person against all actions or claims however they arise

respect of any act or omission of that person if it considers such

demnification of that person to be necessary or expedient for the purpose of the performance by it of functions under this Part.

this section to the performance by the Commission or a member of it of functions under this Part shall be deemed to

clude references to activities undertaken by the Commission or the member, before the passing of this Act,

fulfilment or purported fulfilment of the terms of reference as set out

Schedule 5 to this Act (

cluding those terms as they are to be construed

accordance with section 21 (b)); accordingly an

demnity under this section may be given

respect of an act done or an omission made before the passing of this Act,

cluding

respect of any damage resulting from such an act or omission.

the

surance Acts 1909 to 2000, regulations made under those Acts or regulations relating to

surance made under the European Communities Act 1972 shall affect anything required or authorised to be done by this section. PART 4 Miscellaneous Provision of detailed poll

formation. 30.—

an election or a referendum, of statistical

formation on a specified proportion of the poll concerned,

cluding detailed

formation on the votes cast and comprised

that specified proportion.

formation which may be provided pursuant to those regulations shall be such that the secrecy of the ballot is preserved.

formation concerned is provided to persons (and the means so provided shall

clude provision for publication,

a specified manner, of the

formation to members of the public) and may provide for payment of a reasonable fee

respect of such provision (other than such provision by means of publication).

regulations under this section, the returning officer or local returning officer concerned may decide not to allow for the provision of

formation referred to

subsection

respect of any grouping of votes where he or she forms the opinion, whether by reason of the limited number of votes cast

an area or otherwise, that the provision of such detailed

formation

respect of that grouping of votes would

fringe the secrecy of the ballot, and where he or she so decides that

formation shall, accordingly, not be provided

respect of that grouping of votes. Amendment of section 88 of Electoral Act 1992. 31.— Section 88

paragraph (cc) (

serted by section 21 (b) of the Electoral (Amendment) Act 2001 ) by

serting after “for that purpose”, “and the purposes of Part 3 of the Electoral (Amendment) Act 2001 ”. Amendment of Electoral (Amendment) Act 2001. 32.—The Electoral (Amendment) Act 2001 is amended— (a)

section 35 by— (i) deleting “, biometric, photonic”

the definition of “electronic”, and (ii)

serting “recorded and” after “are”

the definition of “electronic voting system”, (b)

section 36 by— (i)

subsection

serting after “Minister.” the following: “

considering whether to approve such equipment the Minister shall have regard to any report or reports available to him or her with respect to the matter (being a report or reports prepared by a body or bodies which are accredited to or recognised by the European Co-operation for Accreditation) and shall be satisfied that the equipment enables a Dáil election to be conducted

accordance with the relevant enactments (

particular with regard to such matters as the

tegrity and confidentiality of the voting and vote counting processes).”, (ii)

serting after subsection

dividual voters, and (b) the control unit (or other appropriate device) of it is designed so as to

dicate to the operator whether the machine is open for voting and the total number of votes cast and stored on the machine without,

either case, revealing

dividual preferences of the votes so cast and stored. (1B) Without prejudice to subsection

the guidelines to ensure compliance by them with this Part generally and,

particular, the matters specified

subsection

subsection

serting after “Minister may”, “, if he or she is of opinion that the public

terest so requires,”, (c)

section 38 by substituting the following subparagraphs for subparagraphs (

1. ii)to (
2. iv)of paragraph (ll): “(
3. ii)for ‘obtained a ballot paper’

subsection

subsection

subsection

section 40 by substituting the following subsection for subsection

subsection

formation that would have been recorded

that statement, being

formation displayed on the voting machine's display screen, together with any other

formation specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the presiding officer and witnessed by an agent or other person

the polling station.”, (e)

section 41 by substituting the following subsection for subsection

accordance with subsection

such circumstances, the voting machine is still open the presiding officer shall de-activate it.”, (f)

section 42 by substituting the following subsection for subsection

subsection

formation that would have been recorded

that statement, being

formation displayed on the voting machine's display screen, together with any other

formation specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the presiding officer and witnessed by an agent or other person

the polling station.”, and (g)

section 43 by— (i)

subsection

serting after “staff,”, “not earlier than one hour”, and (ii) substituting the following subsection for subsection

subsection

formation that would have been recorded

that statement, being

formation displayed on the voting machine's display screen, together with any other

formation specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the returning officer or a person authorised by him or her and witnessed by an agent or if no agent is present by another person present.”. Amendment of Schedule to Electoral Act 1997. 33.—The Schedule to the Electoral Act 1997 (

serted by section 50(

1. v)of the Act of 2001) is amended by deleting subparagraph (
2. a)of paragraph 2. Amendment of section 161 of Local Government Act 2001. 34.— Section 161 of the Local Government Act 2001 is amended— (a)

subsection

subsection

formation card. 35.—

terferes with a polling

formation card, or (b) presents such a card at a polling station, which is not addressed to the person

accordance with section 92 of the Act of 1992, section 23 of the Act of 1994, Rule 54 of the Second Schedule to the Act of 1997 or Article 55 of the Regulations of 1995.

dictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 2 years or both. SCHEDULE 1 Modification of Certain Provisions of Act of 1997 Section 7 . For the purpose of the application by virtue of this Act to voting and the counting of votes of certain provisions of the Act of 1997, the said provisions as so applied shall have effect as if— (a) a reference

any such provision to a ballot paper or ballot papers, other than

the case of postal voting and voting by special voters, were a reference, where appropriate, to a ballot paper displayed on a voting machine; (b) a reference

any such provision to mark or marking

relation to a ballot paper, other than

the case of postal voting and voting by special voters, were a reference to pressing the designated space on a ballot paper displayed on a voting machine; (c) a reference

any such provision to a ballot box or ballot boxes, other than

the case of postal voting and voting by special voters, were a reference to a voting machine or voting machines; (d) a reference

any such provision to that Act

cluded, where appropriate, a reference to this Act; (e)

section 17

Rule 25 of the Second Schedule to that Act (referred to subsequently

this Schedule as the “Second Schedule”)— (i) there were

serted “and at the entry of votes on postal voters ballot papers on a voting machine” after “boxes”

subparagraph (c) of paragraph

and verification of vote data

cartridges or discs.”; (iii) for “ballot boxes have been sealed by the presiding officer as provided by Rule 71

paragraph

serted “and the entry of votes on postal voters ballot papers on a voting machine” after “postal voter ballot boxes” where those words first occur

paragraph

serted “and the votes on the postal voters ballot papers are to be entered on a voting machine” after “to be opened”

that paragraph; (v) for “opening of the ballot boxes and the verification of ballot paper accounts”

paragraph

and verification of vote data

cartridges or discs” and for “ballot boxes are to be opened” there were substituted “read

and verification takes place”; and (vi) there were

serted “or the Electoral (Amendment) Act 2004” after “this Schedule”

paragraph

Rule 28 of the Second Schedule for “ballot paper placed

a ballot box” there were substituted “vote cast on a ballot paper on a voting machine”; (h)

Rule 30

distinguishable from,” and for “delivered to” there were substituted “

stalled on a voting machine used by”; (i)

Rule 31 of the Second Schedule there were

serted “and the entry of postal voters and special voters votes on voting machines

accordance with section 12 of the Electoral (Amendment) Act 2004” after “therein”; (j)

Rule 36 of the Second Schedule— (i)

paragraph

serted “and enter the votes on the ballot papers

the postal voters ballot box on a voting machine” after “therein”

paragraph

Rule 38 of the Second Schedule for “with rule 75.” there were substituted “with section 12 of the Electoral (Amendment) Act 2004. The returning officer shall count and note the number of ballot papers placed

the ballot box and

clude such details

the statement referred to

Rule 39

Rule 39 of the Second Schedule there were

serted “, the unused ballot papers” after “postal voters list”, where those words first occur

paragraph

Rule 48 of the Second Schedule for “ballot boxes”,

each place where those words occur

paragraphs

Rule 50 of the Second Schedule— (i) there were

serted

paragraph

serted by section 51(

1. j)of the Act of 2001) “and the purposes of the Electoral (Amendment) Act 2004” after “for that purpose”; and (
2. ii)there were

serted “for postal and special voters” after “ballot papers”

each place where those words occur

subparagraph (h) of paragraph

Rule 51

serted “for a postal or special voter” after “ballot paper”; (p)

Rule 53 of the Second Schedule there were

serted “voting machines,” after “ballot boxes,”

each place where those words occur; (q)

Rule 56 of the Second Schedule— (i)

paragraph

subparagraph (

1. a)there were substituted “voting machines”; (II) there were deleted subparagraphs (c), (
2. d)and (e); and (III)

subparagraph (i) there were deleted “and placing

the ballot box”; and (ii)

paragraph

Rule 64 of the Second Schedule— (i)

paragraph

paragraph

paragraph

to one of the compartments

the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper

the ballot box” there were substituted “to a voting machine

the polling station and then vote on the ballot paper displayed on the voting machine for the elector”; (iv)

paragraph

paragraph

the ballot box” there were substituted “vote on the voting machine”; (s)

Rule 65 of the Second Schedule— (i)

paragraph

the ballot box” there were substituted “to vote”; and (ii)

paragraph

that paragraph”; (t)

Rule 66 of the Second Schedule— (i)

paragraph

paragraph

each place where those words occur, there were substituted “to vote”; (u)

Rule 70 of the Second Schedule— (i) there were

serted “or voting machines” after “ballot boxes or ballot papers” where those words first occur; (ii) for “ballot boxes or ballot papers”

paragraph (a) there were substituted “voting machines”; and (iii)

paragraph (e) there were

serted “and the Electoral (Amendment) Act 2004” after “this Act”; (v)

Rule 72 of the Second Schedule for “for a ballot paper”

subparagraphs (b), (

1. c)and (
2. d)of paragraph

Rule 73 of the Second Schedule— (i)

paragraph

and verify the vote data from the cartridges or discs

accordance with section 13 of the Electoral (Amendment) Act 2004” for “open the ballot boxes and verify the ballot paper accounts

accordance with this Part”; and (ii)

paragraph

and verify the vote data from the cartridges or discs” for “open the ballot boxes”, there were substituted “reading

and verification of vote data from the cartridges or discs” for “verification of ballot paper accounts” and there were substituted “cartridges or discs” for “ballot papers”; (x)

Rule 74 of the Second Schedule— (i) there were substituted

paragraph

the vote data from the cartridges or discs” for “open the ballot boxes”; and (ii) there were substituted

paragraph

and verification of vote data from the cartridges or discs” for “opening of the boxes and verification of the ballot paper accounts”; (y)

Rule 75 of the Second Schedule— (

1. i)there were substituted the following for subparagraphs (
2. a)to (
3. e)of paragraph

and verify the vote data from the cartridges or discs received for each voting machine, (b) prepare a statement showing the result of the verification under subparagraph (a)

respect of all the cartridges or discs for the county or county borough for which he or she is the local returning officer, (c) forthwith, as

structed by the returning officer for the constituency, deliver the vote data and verification form to the said returning officer, (d) place the cartridges and discs for each voting machine (

cluding postal voters),

the cases provided, endorse on each such case the number of cartridges or discs contained therein, the name of the county or county borough and deliver each case to the chief returning officer as directed.”; and (ii) there were deleted paragraph

Rule 76 of the Second Schedule there were substituted “cartridges or discs” for “ballot papers” and there were substituted “read

and verification of vote data” for “verification of the ballot paper accounts”; (aa)

Rule 77 of the Second Schedule there were substituted “cartridges or discs containing vote data” for “ballot papers”; (bb)

Rule 78 of the Second Schedule

paragraph

Rule 79 of the Second Schedule— (i)

paragraph

and verify the vote data received from the local returning officer” for “open the ballot boxes and the packets contained therein and extract the ballot papers therefrom”; and (ii)

paragraph

serted “and section 13 of the Electoral (Amendment) Act 2004” after “Schedule”; (dd) Rule 81 of the Second Schedule were deleted; (ee)

Rule 93 of the Second Schedule— (i)

paragraph

paragraph

section 12

the cartridges or discs,”; (iii)

paragraph

serted “and vote data to be deleted from the cartridges or discs” after “destroyed”; (ff)

Rule 103 of the Second Schedule— (i) for “for a ballot paper”

subparagraphs (

1. a)and (
2. b)of paragraph

paragraph

paragraph

Rule 106 of the Second Schedule— (i)

paragraph

serted “or at the entering of votes from postal and special voters ballot papers on a voting machine” after “postal voters ballot boxes”; (ii)

paragraph

paragraph

any capacity at the read

and verification of vote data

cartridges or discs or the counting of votes at a European election shall be guilty of an offence if, except for some purpose authorised by law, at any time he or she communicates any

formation obtained at such read

or such count.”; (v)

paragraph

paragraph

paragraph

Rule 107 of the Second Schedule there were

serted

paragraph (a) “or voting machine or cartridge or disc from a voting machine or software or other voting system equipment used for voting or vote counting” after “or any unused ballot paper”; (ii)

Rule 123 of the Second Schedule there were substituted for “ballot paper during the verification of the ballot paper accounts”, “cartridge or disc during the read

and verification of vote data”; (jj) for Rule 134 of the Second Schedule there were substituted the following Rule: “134.

a constituency to which the petition relates shall be counted afresh, or (b) that all the votes so cast or recorded

cartridges or discs contained

particular voting machines shall be so counted, and where the court so orders, the provisions of this Rule shall have effect. For the purpose of enabling such an order to be carried out, the software used for counting votes cast on voting machines shall

clude a capability of providing a table of the preferences recorded for each vote cast at the poll at the election,

cluding the vote number referred to

section 13

that section 13

counting the votes afresh pursuant to an order under this Rule, the count shall begin without disturbing the mix carried out by the constituency vote counting machine as provided for

section 13 of the Electoral (Amendment) Act 2004.

curred by the returning officer or local returning officer for the purposes of, or

connection with, giving effect to the order, apply

the same manner as it applied

respect of the services and expenses rendered or

curred by the returning officer or local returning officer for, or

connection with, the election.”; and (kk)

Rule 147 of the Second Schedule— (i) there were

serted “and the entering of votes on postal and special voter ballot papers on a voting machine” after “postal voter ballot boxes”

paragraph (c); and (ii) there were substituted “read

and verification of vote data

cartridges or discs” for “verification of ballot paper accounts”

paragraph (e). SCHEDULE 2 Modification of Certain Provisions of Regulations of 1995 Section 7 . For the purpose of the application by virtue of this Act to voting and the counting of votes of certain provisions of the Regulations of 1995, the said provisions as so applied shall have effect as if— (a) a reference

any such provision to a ballot paper or ballot papers, other than

the case of postal voting and voting by special voters, were a reference, where appropriate, to a ballot paper displayed on a voting machine; (b) a reference

any such provision to mark or marking

relation to a ballot paper, other than

the case of postal voting and voting by special voters, were a reference to pressing the designated space on a ballot paper displayed on a voting machines; (c) a reference

any such provision to a ballot box or ballot boxes, other than

the case of postal voting and voting by special voters, were a reference to a voting machine or voting machines; (d)

Articles 5, 9, 25 and 70

serted “and the Electoral (Amendment) Act 2004” after “Act of 1994”; (e)

Article 26

of those Regulations— (i) there were

serted “and at the entry of votes on postal voters ballot papers on a voting machine” after “boxes”

paragraph (c) of sub-article

sub-article

serted “and the entry of votes on postal voters ballot papers on a voting machine” after “postal ballot boxes” where those words first occur

sub-article

serted “and the votes on the postal voters ballot papers are entered on a voting machine” after “to be opened”

that sub-article; and (iv) there were

serted “or the Electoral (Amendment) Act 2004” after “these Regulations”

sub-article

Article 29

of those Regulations for “ballot paper placed

a ballot box” there were substituted “vote cast on a ballot paper on a voting machine”; (g)

Article 31

distinguishable from,” and for “delivered to” there were substituted “

stalled on a voting machine used by”; (h)

Article 32

of those Regulations there were

serted “and the treatment of postal voters and special voters votes

accordance with section 12 of the Electoral (Amendment) Act 2004” after “therein”; (i)

Article 37

of those Regulations there were substituted “Before” for “At the hour fixed for”; (j)

Article 38

of those Regulations there were

serted “and enter the votes on the ballot papers

the postal voters ballot box on a voting machine” after “therein”

sub-article

Article 40

of those Regulations for “for the purposes of Article 76” there were substituted “

accordance with section 12 of the Electoral (Amendment) Act 2004. The returning officer shall count and note the number of ballot papers placed

the ballot box and

clude such details

the statement referred to

Article 41

Article 41

of those Regulations there were

serted “, the unused ballot papers,” after “postal voters list”,

sub-article

Article 49

of those Regulations, for “ballot boxes”,

each place where those words occur

sub-articles

Article 51

of those Regulations— (i) there were

serted

sub-article

serted by section 54(

1. b)of the Act of 2001) “, for that purpose and the purposes of the Electoral (Amendment) Act 2004” after “Schedule may”; and (
2. ii)there were

serted “for postal and special voters” after “ballot papers”

each place where those words occur

paragraph (d) of sub-article

Article 52

of those Regulations there were

serted “for a postal or special voter” after “ballot paper”; (p)

Article 54

of those Regulations there were

serted “voting machines,” after “ballot boxes,”

each place where those words occur; (q)

Article 57

of those Regulations— (i)

sub-article

paragraph (

1. a)there were substituted “voting machines”; (II) there were deleted paragraphs (c), (
2. d)and (e); and (III)

paragraph (i) (

serted by the Electoral (Amendment) Act 1996 ) there were deleted “and placing

the ballot box”; and (ii)

sub-article

Article 58

of those Regulations, there were

serted “or the Electoral (Amendment) Act 2004” after “these Regulations”

sub-articles

Article 65

of those Regulations— (i)

sub-article

sub-article

sub-article

to one of the compartments

the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper

the ballot box” there were substituted “to a voting machine

the polling station and then vote on the ballot paper displayed on the voting machine for the elector”; (iv)

sub-article

sub-article

the ballot box” there were substituted “vote on the voting machine”; (t)

Article 66

of those Regulations— (i)

sub-article

the ballot box” there were substituted “to vote”; and (ii)

sub-article

that sub-article”; (u)

Article 67

of those Regulations— (i)

sub-article

sub-article

each place where those words occur, there were substituted “to vote”; (v)

Article 69

Article 70

of those Regulations— (i)

paragraph (c) there were

serted “and the Electoral (Amendment) Act 2004” after “these Regulations”, and (ii)

paragraph (d) there were

serted “or cause to be read any votes on a cartridge or disc from any voting machine” after “ballot boxes”; (x)

Article 71

of those Regulations— (i) there were

serted “or voting machines” after “ballot boxes or ballot papers” where those words first occur; (ii) for “ballot boxes or ballot papers”

paragraph (a) there were substituted “voting machines”; and (iii)

paragraph (d) there were

serted “and the Electoral (Amendment) Act 2004” after “these Regulations”; and (iv)

paragraph (e) for “open any of the ballot boxes” there were substituted “open the postal voters ballot box or cause to be read any votes on a cartridge or disc from any voting machine”; (y)

Article 73

of those Regulations, for “for a ballot paper”

sub-articles

Article 74

of those Regulations— (i)

sub-article

sub-article

serted “and cartridges or discs from voting machines” after “ballot papers”; (aa)

Article 75

Article 79

of those Regulations, for “ballot papers” there were substituted “cartridges or discs from voting machines”; (cc)

Article 92

of those Regulations— (i)

sub-article

cluding “polling stations,” and there were substituted “sealed packets the cartridges or discs from voting machines and the statements referred to

sections 9

paragraph (b) of sub-article

Article 93of those Regulations— (i) there were substituted the following for paragraph (d) of sub-article

subsection

paragraphs (

1. a)and (
2. b)of section 12

serted “or the Electoral (Amendment) Act 2004” after “Part XV”

sub-article

Article 95

of those Regulations— (i) for “for a ballot paper”

paragraphs (

1. a)and (
2. b)of sub-article

sub-article

sub-article

Article 98

of those Regulations— (i)

sub-article

serted “or at the entering of votes from postal and special voters ballot papers on a voting machine” after “postal ballot boxes”; (ii)

sub-article

sub-article

any capacity at the read

and verification of vote data

cartridges or discs or the counting of votes at a local election shall be guilty of an offence if, except for some purpose authorised by law, at any time he or she communicates any

formation obtained at such read

or such count.”; (v)

sub-article

sub-article

sub-article

Article 99

(a) of those Regulations, there were

serted “or voting machine or cartridge or disc from a voting machine or software or other voting system equipment used for voting or vote counting” after “or any unused ballot paper”; (hh)

Article 114

of those Regulations, there were

serted “or a cartridge or disc from a voting machine” after “ballot paper”; (ii)

Article 121

of those Regulations, there were

serted “and the entering of votes on postal and special voter ballot papers on a voting machine” after “postal ballot boxes”

paragraph (c); and (jj)

Article 123

, there were

serted “and the Electoral (Amendment) Act 2004” after “these Regulations”. SCHEDULE 3 Modification of Certain Provisions of Act of 1994 Section 7 . For the purpose of the application by virtue of this Act to voting and the counting of votes at a referendum of certain provisions of the Act of 1994, the said provisions as so applied shall have effect as if— (a) a reference

any such provision to a ballot paper or ballot papers, other than

the case of postal voting and voting by special voters, were a reference, where appropriate, to a ballot paper displayed on a voting machine; (b) a reference

any such provision to mark or marking

relation to a ballot paper, other than

the case of postal voting and voting by special voters, were a reference to pressing the designated space on a ballot paper displayed on a voting machine; (c) a reference

any such provision to a ballot box or ballot boxes, other than

the case of postal voting and voting by special voters, were a reference to a voting machine or voting machines; (d) a reference

any section of the Act of 1994 to that Act

cluded, where appropriate, a reference to this Act; (e)

section 2

serted after paragraph (i) the following paragraph; “(ii)

section 75 of the said Act for ‘as a ballot box for the purposes of section 114’ there were substituted ‘

accordance with section 12 of the Electoral (Amendment) Act 2004’;”; (f)

section 7 of that Act, there were

serted “and the entering of votes on postal and special voter ballot papers on a voting machine” after “postal ballot boxes”

paragraph (c); (g)

section 15

each place where those words occur, there were substituted “open the postal voter ballot boxes and count the votes

accordance with the Electoral (Amendment) Act 2004”; (h)

section 24 of that Act— (i) there were

serted “or Part IA” after “Part I”

paragraph (a) of subsection

serted “or Part IIA” after “Part II”

subsection

serted “for postal and special voters” after “ballot papers”

each place where those words occur

paragraphs (

1. a)and (
2. b)of subsection

section 25

serted “for a postal or special voter” after “ballot paper”; (j)

section 26 of that Act— (i) there were

serted “and at the entry of votes on postal voters ballot papers on a voting machine” after “boxes”

paragraph (b) of subsection

subsection

serted “and the entry of votes on postal voters ballot papers on a voting machine” after “postal ballot boxes” where those words first occur

subsection

serted “and the votes on the postal voters ballot papers are entered on a voting machine” after “to be opened”

that subsection; (k)

section 28

a ballot box” there were substituted “vote cast on a ballot paper on a voting machine”; (l)

section 38 of that Act— (i)

subsection

cluding “polling stations,” and there were substituted “sealed packets the cartridges or discs from voting machines and the statements referred to

sections 9

paragraph (b) of subsection

section 39 of that Act there were substituted for paragraph (d) of subsection

subsection

paragraphs (

1. a)and (
2. b)of section 12

section 47 of that Act the following were substituted for subsections

a constituency shall be counted afresh, or (b) that all the votes so cast or recorded on cartridges or discs contained

particular voting machines shall be so counted, and where the court so orders, the provisions of this section shall have effect. For the purpose of enabling such an order to be carried out, the software used for counting votes cast on voting machines shall

clude a capability of providing a table of the preferences recorded for each vote cast at the poll at the referendum,

cluding the vote number referred to

section 13 of the Electoral (Amendment) Act 2004 and a separate record of each vote cast at the referendum, showing the preference recorded on it and the vote number referred to

that section 13 .

counting the votes afresh pursuant to an order under this section, the count shall begin without disturbing the mix carried out by the constituency vote counting machine under section 13 of the Electoral (Amendment) Act 2004.

the Second Schedule to that Act— (i) there were

serted after Part I, the following: “Part IA FORM OF BALLOT PAPER FOR USE ON A VOTING MACHINE AT CONSTITUTIONAL REFERENDUM (Space for title if any) An bhfuil tú ag toiliú leis an togra chun an Bunreacht a leasú atá sa Bhille thíosluaite? Do you approve of the proposal to amend the Constitution contained

the undermentioned Bill? NÁ BRÚIGH ACH AON CHNAIPE AMHÁIN PRESS ONE BUTTON ONLY MÁ THOILÍONN TU, brúigh an cnaipe seo TÁ YES IF YOU APPROVE, press this button MURA dTOILÍONN TÚ, brúigh an cnaipe seo NÍL NO IF YOU DO NOT APPROVE, press this button and (ii) there were

serted after Part II, the following: “Part IIA FORM OF BALLOT PAPER FOR USE ON A VOTING MACHINE AT ORDINARY REFERENDUM (Space for title if any) An bhfuil tú ag toiliú le dlí a dhéanamh den togra thíosluaite? Do you approve of the undermentioned proposal becoming law? NÁ BRÚIGH ACH AON CHNAIPE AMHÁIN PRESS ONE BUTTON ONLY MÁ THOILÍONN TU, brúigh an cnaipe seo TÁ YES IF YOU APPROVE, press this button MURA dTOILÍONN TÚ, brúigh an cnaipe seo NÍL NO IF YOU DO NOT APPROVE, press this button SCHEDULE 4 Modification of certain provisions of Act of 1993 Section 7 . For the purposes of the application by virtue of this Act to voting and the counting of votes at a presidential election of certain provisions of the Act of 1993, the said provisions as so applied shall have effect as if— (a) a reference

any such provision to a ballot paper or ballot papers, other than

the case of postal voting and voting by special voters, were a reference, where appropriate, to a ballot paper displayed on a voting machine; (b) a reference

any such provision to mark or marking

relation to a ballot paper, other than

the case of postal voting and voting by special voters, were a reference to pressing the designated space on a ballot paper displayed on a voting machine; (c) a reference

any such provision to a ballot box or ballot boxes, other than

the case of postal voting and voting by special voters, were a reference to a voting machine or voting machines; (d) a reference

any section of the Act of 1993 to that Act

cluded, where appropriate, a reference to this Act; (e)

section 10

serted “postal voters” before “ballot boxes” and there were

serted “, read

the cartridges or discs” after “ballot boxes”

paragraphs (a) and (b); (f)

section 34 of that Act— (i) there were

serted “and the entering of votes on postal and special voter ballot papers on a voting machine” after “postal ballot boxes”

subsection 2(b); (ii)

subsection

accordance with section 11 of the Electoral (Amendment) Act 2004” for “ballot boxes have been sealed by the presiding officer pursuant to section 110 of the Act of 1992 (as applied by section 44)”; (iii)

subsection

serted “and the entry of postal ballot papers on the voting machine” after “postal ballot boxes”; (g)

section 37 of that Act— (i) there were

serted

subsection

serted by section 52(

1. d)of the Act of 2001) after “for that purpose” “and the purposes of the Electoral (Amendment) Act 2004”; and (
2. ii)there were

serted “postal voter” before “ballot papers”

subsections

section 38 of that Act there were

serted “postal voter and special voter” before “ballot paper”

subsection

section 53 of that Act, the reference to ballot papers

paragraphs (

1. b)and (
2. c)were a reference to votes; (j)

section 54 of that Act— (i)

subsection

serted “postal voter” before “ballot papers”

paragraphs (a), (

1. b)and (
2. c)and there were substituted the following for paragraph (d)— “(
3. d)the cartridges or discs containing votes and election database,”; (ii)

subsection

section 13

serted

subsection

the cartridges or discs” after “destroyed”; (k)

section 55 of that Act, there were

serted “and the documents referred to

paragraphs (

1. a)and (
2. b)of section 12

paragraph (d) of subsection

section 60 of that Act, there were

serted “and the entry of postal votes on a voting machine” after “ballot boxes”

paragraph (c). SCHEDULE 5 Commission on Electronic Voting Section 21 . Text of Terms of Reference The Commission, which shall be

dependent

the performance of its functions, shall prepare a number of reports for presentation to the Ceann Comhairle on the secrecy and accuracy of the chosen electronic voting and counting system, i.e. the Powervote/Nedap system. The Commission shall make one or more of such reports to the Ceann Comhairle not later than 1 May, 2004 comprising recommendations on the secrecy and accuracy

cluding the application or nonapplication as the case may be of the electronic voting and counting of the Powervote/Nedap system for the European and Local Elections on 11 June, 2004. The Commission's subsequent report or reports will record its views of the operation and experience of electronic voting and counting at elections.

carrying out its work, it will be open to the Commission to review the tests already undertaken to validate the electronic voting and counting system, and to have further tests undertaken. It may also retain the service of such consultants or other persons that it considers are desirable. The Commission shall be entitled to

vite and consider submissions on such basis as it thinks appropriate. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais

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