Referendum Act, 1994

Referendum Act, 1994 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 1994 Referendum Act, 1994 Referendum Act, 1994 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… Print Full ActPriontáil an tAcht Iomlán Number 12 of 1994 REFERENDUM ACT, 1994 ARRANGEMENT OF SECTIONS PART I General Section 1. Short title, collective citation and commencement. 2. Interpretation. 3. Regulations. 4. Expenses. 5. Repeals. 6. Application of certain provisions of Part XXII of Act of 1992. 7. Secrecy. 8. Prohibition of disclosure of vote. 9. Publication of notices. PART II Taking a Referendum 10. The polling day at a constitutional referendum. 11. Power to appoint the same polling day for a general election and a constitutional referendum. 12. The polling day at an ordinary referendum. 13. Times of poll. 14. The referendum returning officer. 15. Local returning officers. 16. Expenses of local returning officers. 17. Statement by registration authorities of number of presidential electors. 18. Constituencies. 19. Polling districts and polling places. 20. Notice to local returning officers. 21. Notice of the taking of the referendum. 22. Copies of Bill to be made available at post offices. 23. Statement for the information of voters. 24. Ballot papers. 25. The official mark. 26. Provisions as to agents. 27. Officers not to act as agents. 28. Voting by postal voters. 29. Voting by special voters. 30. Polling on islands. 31. Authorisation to vote at another polling station. 32. Taking the poll at a referendum. PART III The Counting of the Votes 33. Arrangements in relation to the counting of votes. 34. Invalid ballot papers. 35. Counting of the votes. 36. Recount. 37. Report to the referendum returning officer. 38. Retention and disposal of documents. 39. Inspection of ballot papers etc. 40. The provisional referendum certificate. 41. Notification by Master of the High Court. PART IV Referendum Petitions 42. Referendum petitions. 43. Grounds for referendum petition. 44. Presentation of referendum petition. 45. Particulars in referendum petition. 46. Trial of referendum petition. 47. Counting of votes afresh. 48. Retaking referendum in a constituency. 49. Withdrawal of petition. 50. Substitution of new petitioner. 51. Death of or delay by a petitioner. 52. Witnesses. 53. Costs of referendum petition. 54. Further provisions regarding costs. 55. Statement of case to Supreme Court. 56. Service of documents. 57. The final order on referendum petition. 58. Provisions in respect of referenda having the same polling day. FIRST SCHEDULE Enactments Repealed SECOND SCHEDULE Forms of Ballot Paper Number 12 of 1994 REFERENDUM ACT, 1994 AN ACT TO PROVIDE FOR THE REFERENCE TO THE PEOPLE UNDER ARTICLE 47 OF THE CONSTITUTION OF BILLS CONTAINING PROPOSALS FOR THE AMENDMENT OF THE CONSTITUTION AND FOR THE REFERENCE TO THE PEOPLE UNDER ARTICLE 27 OF THE CONSTITUTION OF OTHER BILLS AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID. [22nd May, 1994] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I General Short title, collective citation and commencement. 1.—(1) This Act may be cited as the Referendum Act, 1994. (2) Parts II and XXIII (insofar as they relate to referenda) of the Act of 1992 and this Act may be cited together as the Referendum Acts, 1992 and 1994. (3) 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. Interpretation. 2.—(1) In this Act, except where the context otherwise requires— “the Act of 1992” means the Electoral Act, 1992 ; “a ballot paper” has the meaning assigned to it by section 24 ; “constituency” has the meaning assigned to it by section 18 ; “constitutional referendum” means a referendum on a proposal for the amendment of the Constitution; “Dáil” means Dáil Éireann; “Dáil election” means an election of a member or members to serve in the Dáil; “elector” means a presidential elector; “excluded day” means a day which is a Sunday, Good Friday or a day which is a public holiday within the meaning of the Holidays (Employees) Act, 1973 , or a day which by virtue of a statute or proclamation is a public holiday; “the local returning officer” has the meaning assigned to it by section 15 ; “the Minister” means the Minister for the Environment; “the official mark” has the meaning assigned to it by section 25 ; “ordinary referendum” means a referendum on a proposal other than a proposal for the amendment of the Constitution; “a personation agent” has the meaning assigned to it by section 26 ; “the polling day” has the meaning assigned to it in Part II ; “a postal voter” means a presidential elector whose name is entered in the postal voters list; “the postal voters list” means the list prepared pursuant to section 14 of the Act of 1992 insofar as it relates to presidential electors; “prescribed”, except in section 23 , means prescribed by the Minister by regulations; “presidential elector” means a person entitled to vote at an election of a person to the office of President of Ireland; “referendum” includes a constitutional referendum and an ordinary referendum; “a referendum petition” has the meaning assigned to it by section 42 ; “the referendum returning officer” has the meaning assigned to it by section 14 ; “the register of electors” means the register of presidential electors; “the register of presidential electors” has the meaning assigned to it by section 13 of the Act of 1992; “Seanad” means Seanad Éireann; “a special voter” means a presidential elector whose name is entered in the special voters list; “the special voters list” means the list prepared pursuant to section 17 of the Act of 1992 insofar as it relates to presidential electors. (2) In this Act— (a) a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended; (b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended; (c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act. (3) For the purpose of the application by virtue of this Act to referenda of certain provisions of the Act of 1992, the said provisions as so applied shall have effect as if— (a) a reference in that Act to a Dáil elector or an elector was a reference to a presidential elector; (b) a reference in that Act to a Dáil election or an election was a reference to a referendum; (c) a reference in that Act to the register of Dáil electors or the register of electors was a reference to the register of presidential electors; (d) a reference in that Act to a returning officer was a reference to a local returning officer; (e) a reference in that Act to the Act of 1992 was a reference to this Act, including the provisions of that Act applied to referenda by this Act; (f) the reference in section 67 of the said Act to section 60 thereof was a reference to section 26 and “of the candidates” was deleted; (g) the references in section 68 of the said Act to “each candidate” were references to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency concerned and “if the election is contested” was deleted; (h) the references in section 73 of the said Act to “each candidate” were references to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency concerned; (i) in section 74 of the said Act “an agent” was substituted for “the agent of a candidate”; (j) in section 76 of the said Act the reference to section 129 thereof was a reference to section 38 , the references in the said section 76 to the Clerk of the Dáil were references to the referendum returning officer and “of the candidates” was deleted; (k) in section 81 of the said Act “he receives from the referendum returning officer a copy of the Minister's order appointing the polling day at the referendum” was substituted for “the adjournment of the Dáil election for the purpose of taking a poll”; (l) in section 85 of the said Act the reference to “the notice of poll under section 87” was a reference to the notice of the taking of the referendum under section 21 ; (m) in section 95 of the said Act “a member of the Dáil for the constituency and any member of the Seanad” was substituted for “a person in respect of whom he is satisfied that that person has a bona fide interest in the Dáil election as either a candidate or a prospective candidate, or the agent of such a person”; (n) in section 98 of the said Act the following was substituted for paragraph (c)— “(c) a member of the Dáil for the constituency and any member of the Seanad,”; and “by or on behalf of the candidates” in paragraph (d) was deleted; (o) in section 101 of the said Act the reference to sections 38 and 64 thereof was a reference to section 28 and the reference to section 79 thereof was a reference to section 29 and the reference to sections 99 and 100 was a reference to section 31 ; (p) in section 103 of the said Act subparagraph (iii) of subsection (4) was deleted and “Are you a personation agent at this referendum?” was substituted for subparagraph (iv) of the said subsection and in subsection (7) “proposal stated therein” was substituted for “particulars stated in respect of each candidate” and in subsection (9) “member of the Dáil or Seanad or a personation agent at the referendum” was substituted for “candidate or agent of a candidate at that election”; (q) in section 106 of the said Act “any particular result at the referendum” was substituted for “the candidature of a particular person or persons or of members of a political party”; (r) in section 108 of the said Act, the reference to sections 56, 62 and 63 thereof was deleted and the reference to section 96 thereof was a reference to section 13 ; (s) in section 110 of the said Act, the reference to sections 99 and 100 thereof was a reference to section 31 ; (t) in section 111 (1) of the said Act, “and section 31 of the Referendum Act, 1994” was inserted after “section”; (u) in sections 112 and 114 of the said Act the reference to Part XIX thereof was a reference to Part III ; (v) in section 113 of the said Act the references to “each candidate” were references to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency and “of the candidates” in subsections (2) and (3) was deleted; (w) in section 114 of the said Act “of the candidates” was deleted and “any agent present” was substituted for “the agent of any candidate”; (x) in section 115 of the said Act “may consider expedient” was substituted for “and the candidates otherwise agree”; (y) in section 117 of the said Act “Any person, other than the returning officer, his assistants and clerks” was substituted for “Candidates or their agents”; (z) in section 134 of the said Act the reference to section 68 thereof was a reference to section 28 ; (aa) in section 135 of the said Act paragraphs (c) and (d) of subsection (1) and “the election of any person or” in paragraphs (a) and (b) of the said subsection were deleted; (bb) in section 136 of the said Act paragraphs (b) and (c) and “for a particular person or” in paragraph (a) were deleted; (cc) in section 137 of the said Act “manner in which” was substituted for “candidate for whom” in each place where the expression occurs and for “name of the candidate for whom” in subsection (4) (c); (dd) in section 138 of the said Act paragraph (h) and “nomination paper or any certificate of political affiliation or any” in paragraph (g) were deleted, and in the said paragraph (g) “ section 31 ” was substituted for “section 99 or section 100”; (ee) in section 139 of the said Act the reference to a period of time was a reference to the period commencing on the date of the order appointing the polling day and ending on the publication in Iris Oifigiúil of the provisional referendum certificate; (ff) in section 140 of the said Act “a particular result” was substituted for “the candidature of any candidate”; (gg) in sections 140 and 144 of the said Act the references to a returning officer were a reference to the referendum returning officer and a local returning officer; (hh) in section 144 of the said Act “at the referendum or is actively associated in furthering any particular result at the referendum” was substituted for “for any candidate at that election or who is actively associated in furthering the candidature of any candidate or promoting the interests of any political party at the election”; (ii) in section 145 of the said Act “nomination of candidates or the” was deleted; (jj) in section 147 of the said Act “any particular result at the referendum” was substituted for “the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates” in subsection (2) and “for a candidate or candidates or vote” in paragraph (b) of that subsection was deleted; (kk) in section 148 of the said Act the reference to section 96 thereof was a reference to section 13 ; (ll) in section 153 of the said Act “Any person, other than the returning officer, his assistants and clerks,” was substituted for “A candidate or the agent of a candidate”; (mm) in section 154 of the said Act the reference to section 130 thereof was a reference to section 39 ; (nn) in section 155 of the said Act “or the cesser of membership of the Dáil” was deleted and a reference to section 49 was substituted for the reference to Rule 8 of the Third Schedule thereof; (oo) in section 156 of the said Act “the decision of the court” was construed as meaning the final order of the High Court on the trial of a referendum petition; (pp) in section 157 of the said Act the reference to section 133 thereof was deleted; and (qq) in section 160 of the said Act “or that a particular person was a candidate thereat” was deleted; and with any other necessary modifications. Regulations. 3.—(1) The Minister may make regulations prescribing any matter or thing that is referred to in this Act, other than in section 23 , as prescribed. (2) Every regulation made under this Act 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 21 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 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 the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. Application of certain provisions of Part XXII of Act of 1992. 6.—The provisions of sections 134 to 140, 144 to 150 and 152 to 160 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to referenda. Secrecy. 7.—A person who at a referendum is— (a) present at the issue of ballot papers to postal voters, (b) present while a special voter is voting, (c) present at the opening of postal ballot boxes, (d) admitted to a polling station in any capacity, or (e) present in any capacity at the counting of the votes, shall maintain, and aid in maintaining the secrecy of the ballot. Prohibition of disclosure of vote. 8.—A person who has voted at a referendum shall not in any legal proceedings be required to state how he voted. Publication of notices. 9.—Any public notice required by this Act to be given by the referendum returning officer or a local returning officer may be given by any method which the returning officer concerned thinks necessary or desirable for the purpose of bringing to the attention of the public the matter the subject of the requirement. PART II Taking a Referendum The polling day at a constitutional referendum. 10.—(1) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed or deemed to have been passed by both Houses of the Oireachtas the Minister shall by order appoint the day (in this Act referred to as “the polling day”) upon which and the period during which the poll at the referendum on such proposal shall be taken. (2) Subject to section 11 , the polling day shall be not less than thirty days and not more than ninety days after the date of the order. (3) Every order under this section shall be published in Iris Oifigiúil as soon as may be after it is made. (4) On such a Bill being passed or deemed to have been passed by both Houses the Clerk of the Dáil shall forthwith inform the Minister accordingly. Power to appoint the same polling day for a general election and a constitutional referendum. 11.—(1) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas, and Dáil Éireann is dissolved before the Minister has made under section 10 an order appointing the polling day at the referendum on such proposal, the Minister may (notwithstanding anything contained in the said section 10 ) by order under that section appoint the polling day at the general election consequent on such dissolution of Dáil Éireann to be the polling day at the referendum. (2) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas, and Dáil Éireann is dissolved after the Minister has made an order (in this subsection referred to as the original order) under section 10 in relation to the referendum on such proposal and before the polling day appointed by that order, the Minister may by order amend the original order by substituting the day which is the polling day at the general election consequent on the dissolution of Dáil Éireann for the day named in the original order as the polling day at the referendum. The polling day at an ordinary referendum. 12.—(1) Whenever— (a) the Taoiseach is informed in accordance with Article 27 of the Constitution that the President has decided that a Bill to which that Article applies contains a proposal of such national importance that the will of the people thereon ought to be ascertained, and (b) the Government determine that a referendum for the purpose of ascertaining the will of the people on the proposal shall be taken, the Minister shall by order appoint the day (in this Act referred to as “the polling day”) upon which and the period during which the poll at the referendum shall be taken. (2) The polling day appointed by an order under this section shall be not less than thirty days and not more than ninety days after the date of the order. (3) Whenever the Government determine that an ordinary referendum shall be taken, the Government shall cause notice of the determination to be published in Iris Oifigiúil, and such publication shall be conclusive evidence of the determination. (4) Every order made by the Minister under this section shall be published in Iris Oifigiúil as soon as may be after it is made. Times of poll. 13.—The poll at a referendum shall— (a) be taken on such day as shall be appointed for this purpose by order of the Minister under this Act, and (b) shall continue for such period, not being less than 12 hours, between the hours of 8 a.m. and 10.30 p.m., as may be appointed by the said order, subject to the restriction that the same day and the same period shall be so appointed for all constituencies. The referendum returning officer. 14.—(1) Not later than the day on which an order appointing the polling day at a referendum is made, the Minister shall appoint a person to be the returning officer (in this Act referred to as “the referendum returning officer”) for the purposes of the referendum. (2) Where the referendum returning officer is prevented by illness or other reasonable cause from performing all or any of his duties at the referendum, the Minister shall appoint a person to act as a referendum returning officer for the performance of those duties during the period of the prevention and references in this Act to the referendum returning officer shall be construed accordingly. (3) It shall be the duty of the referendum returning officer to conduct the referendum for the purposes of which the officer is appointed, to ascertain and declare the result thereof in accordance with this Act, and to do such other acts and things in respect of the referendum as are required by this Act. (4) There shall be charged on and paid out of the Central Fund or the growing produce thereof to the referendum returning officer such sums as the Minister for Finance shall sanction for that officer's services and expenses in respect of the referendum for the purposes of which the officer is appointed. (5) For the purpose of payment for such services and expenses, an account of them shall be submitted by the referendum returning officer to the Minister for Finance and the Minister for Finance may issue directions as to the time when and the manner and form in which the account shall be so submitted. (6) The Minister for Finance may make an advance to the referendum returning officer for the officer's services and expenses on such terms as that Minister thinks fit. (7) The appointment of a referendum returning officer for the purposes of a referendum shall be deemed to extend to and include appointment for the purposes of any retaking of the referendum pursuant to section 48 . Local returning officers. 15.—(1) The person who would be the returning officer at a Dáil election in a constituency shall be the returning officer (in this Act referred to as “the local returning officer”) in that constituency for the purposes of a referendum. (2) Where the person referred to in subsection (1) is prevented by illness or other reasonable cause from performing all or any of the duties of a local returning officer or where a vacancy occurs in an office by virtue of which a person would be the returning officer at a Dáil election, the Minister shall appoint a person to act as local returning officer for the constituency concerned during the period of the prevention or vacancy, as the case may be. (3) It shall be the duty of the local returning officer for a constituency to take the poll at the referendum in the constituency and to count the votes cast thereat and to do such acts and things as may be necessary for effectually taking the poll and counting the votes in the constituency in accordance with this Act. (4) Where at a referendum the same person is local returning officer for two or more constituencies, the person shall— (a) in case those constituencies are two and not more, appoint, in respect of one of them, a deputy local returning officer to open the ballot boxes and count the votes; (b) in any other case, appoint, in respect of each of the constituencies (except one), a deputy local returning officer to open the ballot boxes and count the votes. (5) The duties of a deputy local returning officer appointed under subsection (4) shall include the determination of the result of the poll in the constituency concerned and the furnishing to the referendum returning officer of the report referred to in section 37 . (6) An appointment under subsection (4) may be revoked by the local returning officer and, where an appointment is so revoked or the deputy local returning officer dies, resigns or becomes incapable of acting during the referendum, another deputy local returning officer shall be appointed in accordance with the said subsection (4). (7) Where pursuant to section 30 (2) of the Act of 1992 a person has been appointed as assistant returning officer for a part of a constituency, that person shall be the assistant local returning officer for the purposes of a referendum in that part of the constituency. (8) An assistant local returning officer shall perform, in the part of the constituency for which the appointment is made, such of the duties of the local returning officer for the constituency as that officer is not required by law to perform in person but, if any doubt arises as to the duties of an assistant local returning officer, the doubt shall be determined by the Minister. (9) References in this Act to local returning officers shall, where appropriate, include references to assistant, deputy and acting local returning officers. Expenses of local returning officers. 16.—(1) The Minister for Finance shall prepare a scale of maximum charges for local returning officers and every local returning officer shall be paid by the said Minister out of the Central Fund or the growing produce thereof the officer's reasonable charges, in respect of services and expenses in relation to a referendum, not exceeding the maximum charges specified in the scale prepared under this section and applying for the time being. (2) For the purpose of the payment of such charges, an account of them shall be submitted by a local returning officer to the Minister for Finance and the Minister for Finance may issue to local returning officers directions as to the time when and the manner and form in which the account shall be so submitted. (3) On the request of a local returning officer for an advance on account of the officer's charges, the Minister for Finance may, on such terms as the said Minister thinks fit, make such an advance. (4) The Minister for Finance may, before payment of a local returning officer's charges under this section, apply to a judge of the Circuit Court having jurisdiction in any part of the constituency concerned for the taxation of the account submitted by the local returning officer and the judge shall tax the account and determine the amount payable there under. (5) The taxation under this section of the account of a local returning officer shall, if the judge so decides on the application of the officer, include the determination of any claim made against the officer in respect of any matter charged for in the account. Statement by registration authorities of number of presidential electors. 17.—(1) Not later than five days before the polling day at an ordinary referendum, every registration authority shall furnish to the referendum returning officer a statement in writing of the number of presidential electors registered in the register of presidential electors in force on the polling day in each constituency or portion of a constituency contained in their registration area. (2) In this section “registration authority” and “registration area” have the same meanings, respectively, as in Part II of the Act of 1992 and the “register of presidential electors” shall include any supplement to the register published under section 15 of that Act and having effect in relation to such referendum. Constituencies. 18.—(1) For the purpose of taking the poll at a referendum, the State shall be deemed to be divided into the same constituencies as those into which it is for the time being divided for the purpose of Dáil elections and the poll shall be taken separately in each such constituency. (2) The Minister may, if satisfied that it is appropriate so to do, by order, made not later than the date on which the order appointing the polling day at a referendum is made, provide that for the purpose of the referendum concerned each county and each county borough shall be deemed to be a constituency for the purpose of Dáil elections and, as respects a referendum for the purpose of which the order is in force— (a) the poll shall be taken separately in each county and each county borough; (b) each voter at the poll shall vote in the constituency in which the voter would be entitled to vote at a Dáil election if each county and each county borough in the State were a constituency for such election; (c) the local returning officer shall be— (i) in the case of the county of Cork, the counties of South Dublin, Fingal and Dún Laoghaire-Rathdown, the county borough of Cork and the county borough of Dublin, the appropriate sheriff, and (ii) in any other case, the county registrar for the county or county borough concerned; and (d) in this Act (other than this subsection)— (i) references to a constituency shall be construed in accordance with the order, and (ii) references to a member of the Dáil for the constituency shall be construed as references to a member of the Dáil for any constituency situate wholly or partly within the county or county borough and references to a member of the Seanad resident in the constituency shall be construed as references to a member of the Seanad resident in the county or county borough. (3) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made. Polling districts and polling places. 19.—For the purpose of the poll at a referendum each constituency shall be deemed to be divided into the same polling districts as those into which it is for the time being divided for the purpose of Dáil elections and the places which are for the time being appointed as polling places in each such polling district for the purpose of Dáil elections shall be the polling places for the purpose of taking the poll at a referendum and references in this Act to polling districts and polling places shall be construed accordingly. Notice to local returning officers. 20.—As soon as practicable after the making by the Minister of an order appointing the polling day at a referendum the referendum returning officer shall send to every local returning officer a copy of the order and a copy of the Bill containing the proposal which is the subject of the referendum. Notice of the taking of the referendum. 21.—Every local returning officer shall, as soon as practicable after receiving from the referendum returning officer a copy of the order appointing the polling day at a referendum, give public notice in the form directed by the Minister of— (a) the taking of the referendum to which the order relates, (b) the short title of the Bill containing the proposal which is the subject of the referendum, (c) the post offices at which copies of the Bill may be inspected and purchased, and (d) the day on which and the hours during which the poll will be taken. Copies of Bill to be made available at post offices. 22.—(1) An Post shall cause copies of the Bill containing the proposal which is the subject of the referendum to be made available for inspection and purchase by members of the public at such post offices as shall be agreed upon between the Minister and An Post at all times at which such post offices are open during the period commencing on the fifth day after the date of the order appointing the polling day and ending on the polling day. (2) Any member of the public shall be entitled to inspect free of charge a copy of the said Bill, and to purchase a copy thereof at a price (if any) fixed by An Post, with the consent of the Minister, at any post office at which it is made available for such inspection in pursuance of this section during any time at which it is so made available. Statement for the information of voters. 23.—(1) At a referendum a statement in relation to the proposal which is the subject of the referendum may be prescribed for the information of voters by resolution of each House of the Oireachtas and, where a statement is so prescribed— (a) a polling information card sent under section 92 of the Act of 1992 (as applied by section 32 ) shall contain a copy of the statement; (b) copies of the statement shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of presidential electors for such constituency and is on the postal voters list for such constituency at the same time as the ballot paper for the poll at the referendum is sent to the elector; (c) copies of the statement shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of presidential electors for such constituency and is on the special voters list for such constituency and shall be so sent in sufficient time to be delivered to the elector before the delivery of the ballot paper to the elector; (d) copies of the statement shall be displayed by a presiding officer in and in the precincts of the polling station: Provided that the referendum shall not be invalidated by reason of any failure to display such copies in or in the precincts of any polling station. (2) Where a statement is prescribed under subsection (1) in relation to a referendum, in applying section 103 of the Act of 1992 (as applied by section 32 ) the following subsection shall be substituted for subsection (7): “(7) (a) Where a ballot paper is to be marked pursuant to subsection (5), the presiding officer may assist the voter by reading out in full from the ballot paper the proposal stated therein and asking the voter “Do you approve of or do you object to that proposal becoming law?” and shall then, unless it is a case to which paragraph (b) of this subsection applies, mark the ballot paper in accordance with the answer of the voter, but the presiding officer shall not act on any written instruction. (b) Where the voter fails to understand the import of the said question, or does not answer the question the presiding officer— (i) shall read out to the voter the statement prescribed pursuant to section 23 (1) of the Referendum Act, 1994, (ii) shall then ask the voter “Which do you wish to do—to vote in favour of the proposal in that Bill or to vote against the proposal?”, and (iii) shall then mark the ballot paper in accordance with the answer of the voter, but shall not act on any written instructions.”. Ballot papers. 24.—(1) At a constitutional referendum— (a) every ballot paper shall be in the form set out in Part I of the Second Schedule to this Act, and (b) the proposal which is the subject of the referendum shall be stated on the ballot paper by citing by its short title the Bill containing such proposal passed or deemed to have been passed by both Houses of the Oireachtas. (2) At an ordinary referendum every ballot paper shall be in the form set out in Part II of the Second Schedule to this Act, and it shall contain a reference to the Bill or the portion of the Bill containing the proposal which is the subject of the referendum. (3) Where the same day is the polling day at two or more referenda separate ballot papers shall be issued for each referendum. (4) (a) At a referendum the Minister may, by order, provide for the entry at the beginning of the front of the ballot paper to be used at the referendum of a heading indicative of the proposal which is the subject of the referendum and the referendum returning officer shall cause such heading to be printed on the ballot papers. (b) Where 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. (5) (a) The ballot papers shall be numbered consecutively on the back and the back of the counterfoil attached to each ballot paper shall bear the same number. (b) The numbers on the ballot papers shall be printed in the smallest characters compatible with legibility and shall be printed on or about the centre of the paper. (c) Apart from anything permitted by the form set out in the said Second Schedule nothing shall appear on the ballot paper except in accordance with the provisions of this section. (6) It shall be the duty of the referendum returning officer to arrange for the printing and procuring of a sufficient quantity of ballot papers and to supply as soon as practicable to every local returning officer such numbers of ballot papers as that officer reasonably requires. The official mark. 25.—(1) A ballot paper shall at the time of issue be marked with an official mark (in this Act referred to as “the official mark”), which shall be either embossed or perforated so as to be visible on both sides of the paper and the local returning officer shall provide a sufficient number of marking instruments for this purpose. (2) The local returning officer shall ensure that the official mark is kept secret before the taking of the poll and that any particular mark is not used at two consecutive referenda (other than referenda the polls at which are taken on the same day) in the constituency. Provisions as to agents. 26.—(1) A member of the Dáil for the constituency and any member of the Seanad may appoint agents to be present— (a) at the issue of ballot papers to postal voters, (b) at the opening of the postal ballot boxes, and (c) at the counting of the votes. (2) Subject to the provisions of subsection (3), the number of agents who may be appointed to be present on behalf of a member of the Dáil or the Seanad shall be fixed by the local returning officer, so, however, that the same number shall be allowed on behalf of every member. (3) A member of the Dáil for the constituency and any member of the Seanad may appoint one person (in this Act referred to as “a personation agent”) to be present as his agent in each polling station for the purpose of assisting in the detection of personation, and such appointment shall be in writing. (4) An appointment under this section may be revoked by the person by whom it was made. (5) A member of the Dáil for the constituency and a member of the Seanad shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notice to the local returning officer for the constituency of the name and address of every agent appointed by that member to be present at the said issue and the local returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address have not been so notified. (6) A member of the Dáil for the constituency and a member of the Seanad shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every personation agent appointed by that member together with the name of the polling station for which the personation agent is appointed. A personation agent appointed in accordance with this section and whose name and address have been duly notified to the local returning officer shall be entitled to be present in the polling station referred to in the notification during the period commencing 30 minutes before the time fixed by the Minister for the commencement of the poll and ending when the ballot boxes have been sealed by the presiding officer pursuant to section 110 of the Act of 1992 (as applied by section 32 ) and the documents and materials specified in that section have been placed in sealed packets. (7) A member of the Dáil for the constituency and a member of the Seanad shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every agent appointed by that member to be present at the opening of the postal ballot boxes and the local returning officer may refuse to admit to the place where the postal ballot boxes are to be opened any agent whose name and address have not been so notified. (8) A member of the Dáil for the constituency and a member of the Seanad shall not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every agent appointed by that member to be present at the counting of the votes and the local returning officer may refuse to admit to the place where the votes are to be counted any agent whose name and address have not been so notified. (9) Where the appointment of an agent under this section is revoked or an agent appointed under this section dies, resigns or becomes incapable of acting during a referendum, another person may be appointed under this section in place of such agent and, where such an appointment is made, the person making the appointment shall forthwith give written notice of the name and address of the agent appointed to the local returning officer for the constituency concerned. (10) A member of the Dáil for the constituency and a member of the Seanad may lawfully do or assist in the doing of any thing which may lawfully be done on the member's behalf by an agent appointed under this section and may be present (in addition to, or in substitution for any such agent) at any place at which any such agent may, pursuant to this Act, be present. (11) Any thing required by this Act to be done in the presence of an agent shall not be invalidated by reason only of the agent's not being present at the time and place appointed for doing such thing. (12) Where the polling day at a constitutional referendum is also the polling day at a general election— (a) the powers conferred by this section on a member of the Dáil shall be exercisable by any person who was a member of the Dáil for the constituency concerned immediately before the dissolution which occasioned such general election, and (b) (i) every person appointed under section 60 of the Act of 1992 to be a personation agent for the purposes of such general election at a polling station shall be deemed to have been appointed under this section to be a personation agent at such polling station for the purposes of such referendum and the provisions of this Act shall apply to the person accordingly, (ii) every person appointed under this section to be a personation agent for the purposes of the referendum at a polling station shall be deemed to have been appointed under section 60 of the Act of 1992 to be a personation agent at such polling station for the purposes of such general election and the provisions of the Act of 1992 shall apply to the person accordingly. Officers not to act as agents. 27.—(1) The referendum returning officer, a local returning officer or a person employed by either of them for any purpose relating to a referendum shall not act as an agent for a member of the Dáil or a member of the Seanad at that referendum and shall not be associated in furthering any particular result at the referendum. (2) The referendum returning officer or a local returning officer shall not employ in any capacity for the purposes of a referendum a person who has been employed by any other person in or about the referendum or has been associated in furthering any particular result at the referendum. Voting by postal voters. 28.—(1) Every presidential elector whose name is, at the time of a referendum, in the postal voters list for a constituency (in this Act referred to as “a postal voter”) shall be entitled to vote in that constituency at the poll at the referendum by sending a ballot paper by post to the local returning officer for the constituency and shall not be entitled to vote at the referendum in any other manner. (2) The local returning officer for a constituency shall, as soon as practicable after receiving from the referendum returning officer a copy of the Minister's order appointing the polling day at the referendum, send to each postal voter for the constituency a ballot paper and a form of receipt for such ballot paper in the form directed by the Minister and, if the ballot paper duly marked by the said postal voter and accompanied by the said receipt duly signed by the voter is received by the local returning officer before the close of the poll, it shall be counted by the local returning officer and treated for all purposes in the same manner as a ballot paper placed in a ballot box in the ordinary way at the taking of the poll. (3) The provisions of sections 65 to 76 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to postal voting at a referendum and, in sending out, receiving and otherwise dealing with the ballot papers of postal voters the local returning officer shall comply with the provisions of those sections. (4) The notices required to be given pursuant to sections 68 and 73 of the Act of 1992 (as applied by subsection (3)) shall be given to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency. (5) A reference to an agent in any of the sections of the Act of 1992 referred to in subsection (3) shall be deemed to include a reference to each member of the Dáil for the constituency and any member of the Seanad and any person appointed by such member to be present at the issue of ballot papers to postal voters or the opening of postal voters ballot boxes. Voting by special voters. 29.—(1) Every presidential elector whose name is, at the time of a referendum, in the special voters list for a constituency (in this Act referred to as “a special voter”) shall be entitled to vote in that constituency at the poll at the referendum in the manner described in section 82 of the Act of 1992 and shall not be entitled to vote in any other manner. (2) The provisions of sections 78 and 80 to 84 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to voting by special voters at a referendum and, in delivering, receiving and otherwise dealing with the ballot papers of special voters, the local returning officer shall comply with the provisions of those sections. Polling on islands. 30.—The provisions of sections 85 and 86 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to the taking of the poll at a referendum at a polling station situate on an island. Authorisation to vote at another polling station. 31.—(1) Where an elector is employed by a local returning officer for any purpose in connection with a referendum and the circumstances of the elector's employment are, in the opinion of the local returning officer, such as to prevent the elector from voting at the polling station at which the elector would otherwise be entitled to vote, the elector may, if so authorised in writing by the local returning officer in such form as may be directed by the Minister, vote at such polling station in the constituency in which the elector is so employed as may be specified in the authorisation. (2) Where not less than 7 days before polling day at a referendum, an elector whose name is not on the postal voters list or the special voters list, satisfies the local returning officer that the elector is unable, by reason of that elector's physical illness or physical disability, to vote at the polling station at which the elector would otherwise be entitled to vote and the local returning officer is of opinion that it would be more convenient for the elector because of that physical illness or physical disability to vote at another polling station in the same constituency, the elector may, if so authorised in writing by the local returning officer in such form as may be directed by the Minister, vote at such other polling station in the same constituency as may be specified in the authorisation. Taking the poll at a referendum. 32.—(1) The provisions of sections 90 to 95, 97, 98 and 101 to 111 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to the taking of the poll at a referendum. (2) Where in accordance with the provisions of section 107, 108 or 109 of the Act of 1992 (as applied by subsection (1)), the poll at any polling station is adjourned or cannot be taken or continued or becomes void, the local returning officer concerned shall, in addition to doing the things required to be done by the said provisions, forthwith inform the referendum returning officer of the occurrence. PART III The Counting of the Votes Arrangements in relation to the counting of votes. 33.—The provisions of sections 112 to 115 and 117 of the Act of 1992 shall, subject to the modifications specified in section 2 (3) apply and have effect in relation to the arrangements for the counting of votes by the local returning officer in each constituency at a referendum. Invalid ballot papers. 34.—(1) A ballot paper— (a) which does not bear the official mark, or (b) on which the mark “x” or any other mark which, in the opinion of the local returning officer, clearly indicates a vote, is not placed at all or is not so placed as to indicate a vote in favour of or a vote against the proposal which is the subject of the referendum, or (c) on which the mark “x” or any other mark which, in the opinion of the local returning officer, clearly indicates a vote, is so placed as to indicate both a vote in favour of and a vote against the proposal, or (d) on which anything is written or marked which, in the opinion of the local returning officer, is calculated to identify the elector, shall be invalid and not counted, but a ballot paper shall not be invalid by reason only of its bearing the figure “1” or the word “one” or any other mark which, in the opinion of the local returning officer, clearly indicates a vote in favour of or against the proposal. (2) The local returning officer shall cause the ballot papers to be scrutinised for the purpose of discovering any papers liable to be rejected as invalid. (3) The local returning officer shall endorse the word “rejected” on any ballot paper which under this section is not counted. The local returning officer shall prepare a statement in such form as may be directed by the Minister showing the number of ballot papers rejected under each of the paragraphs (a) to (d) of subsection (1) and shall, on request, allow any agent present to copy such statement. (4) The local returning officer may endorse on any ballot paper not rejected as invalid an indication of the officer's decision on it in relation to its validity without, however, interfering with any mark placed by the elector on the ballot paper. (5) The decision of the local returning officer, whether expressed or implied by his acts, on any question which arises in relation to any ballot paper shall be final, subject only to reversal on a referendum petition. Counting of the votes. 35.—(1) After the ballot papers have been mixed in accordance with section 114 of the Act of 1992 (as applied by section 33 ), the local returning officer shall, rejecting any that are invalid, arrange them in parcels according to the votes recorded on them and shall count and record the number of votes given in favour of the proposal which is the subject of the referendum and the number of votes given against that proposal and shall ascertain the total number of valid papers for the constituency concerned. (2) Having counted the votes in accordance with subsection (1), the local returning officer shall forthwith notify the referendum returning officer, in such manner as the latter may direct, of the number of votes given in favour of the proposal and the number of votes given against the proposal and the total number of valid ballot papers. Recount. 36.—(1) The local returning officer may and, if required by an agent appointed under paragraph (c) of section 26 (1), shall recount the votes recorded on all the ballot papers or on the ballot papers contained in any particular parcel. (2) Subject to subsection (3), nothing in this section shall make it obligatory on the local returning officer to recount more than once the votes recorded on the ballot papers contained in any particular parcel or to comply with a request under this section by an agent which, in the opinion of the local returning officer, is frivolous or vexatious. (3) Before signing the provisional referendum certificate under section 40 , the referendum returning officer may, in an appropriate case, direct any or every local returning officer to re-examine all the ballot papers for the constituency concerned and recount the votes recorded on such ballot papers and forthwith notify the referendum returning officer of the result of the re-examination and recount and the local returning officer shall comply with the terms of the direction. Report to the referendum returning officer. 37.—(1) On the completion of the counting of the votes in a constituency, the local returning officer for the constituency shall furnish to the referendum returning officer a report in writing in the form directed by the Minister stating— (a) the number of valid votes recorded in favour of the proposal which is the subject of the referendum, (b) the number of valid votes recorded against that proposal, and (c) the total number of valid votes recorded at the referendum in the constituency, together with the statement referred to in section 34 (3). (2) Where the same day is the polling day at two or more referenda, the local returning officer shall furnish a separate report in respect of each such referendum. Retention and disposal of documents. 38.—(1) On the completion of the counting of the votes in a constituency, the local returning officer for the constituency shall place in separate sealed packets— (a) the counted ballot papers, (b) the ballot papers not counted because of invalidity under section 34 , (c) the unused and spoilt ballot papers, and (d) the counterfoils of ballot papers issued at polling stations, and shall mark on each packet particulars of its contents, the referendum to which they relate, the date of the polling day at the referendum concerned and the constituency to which they relate. (2) The local returning officer shall also place in separate sealed packets— (a) the marked copies of the register of electors used at polling stations, (b) the ballot paper accounts and the statement referred to in section 114 of the Act of 1992 (as applied by section 33 ), and (c) any authorisations issued by the local returning officer to electors pursuant to section 31 , and shall mark on each packet particulars of its contents, the referendum to which they relate, the date of the polling day at the referendum concerned and the constituency to which they relate. (3) The local returning officer shall as soon as practicable, forward to the referendum returning officer the packets referred to in this section together with the packets and statement referred to in sections 76 and 83 (2) (other than paragraph (e) of that subsection) of the Act of 1992 (as applied by sections 28 and 29 ). (4) The documents sent to the referendum returning officer in pursuance of this section shall be retained by that officer for 6 months from the date on which the provisional referendum certificate in respect of such referendum has become final. At the expiration of the said period, the referendum returning officer shall, unless otherwise directed by an order of the High Court or the referendum returning officer has reason to believe that the documents may be required for a purpose referred to in section 39 (3), cause the documents to be destroyed. Inspection of ballot papers etc. 39.—(1) No person shall be allowed to inspect any of the documents mentioned in subsection (2) except under an order of the High Court. (2) The documents referred to in subsection (1) are— (a) the counterfoils of the ballot papers sent to postal voters in pursuance of section 28 . (b) the counterfoils of the ballot papers delivered to special voters in pursuance of section 82 of the Act of 1992 (as applied by section 29 ), (c) the documents referred to in subsections (2) and (3) of section 76 of the Act of 1992 (as applied by section 28 ), and (d) the documents referred to in section 38 (1). (3) An order referred to in subsection (1) shall not be made unless the court is satisfied that the inspection or production of the documents concerned is required for the purpose of instituting or maintaining a prosecution for an offence under a provision of the Act of 1992 specified in section 6 and as applied by that section or for the purpose of a referendum petition. (4) An order referred to in subsection (1) may be made subject to such conditions as to persons, time and place and mode of inspection or production as the court may think expedient and shall make provision to ensure that the manner in which any voter voted shall not be disclosed. (5) Where an order is made under subsection (1) in relation to a document referred to in that subsection— (a) the production in a court by the referendum returning officer of that document shall, until the contrary is proved, be sufficient proof that the document relates to the referendum specified in the order, and (b) any endorsement appearing on any packet produced in a court by the referendum returning officer shall, until the contrary is shown, be sufficient evidence that the contents of the packet are what they are stated to be in the endorsement. The provisional referendum certificate. 40.—(1) As soon as the referendum returning officer has received from every local returning officer the report referred to in section 37 of the numbers of the votes recorded in the constituency, the referendum returning officer shall prepare from such reports and shall sign the provisional referendum certificate in the prescribed form stating— (a) in the case of a constitutional referendum, the number of votes recorded in favour of the proposal which is the subject of the referendum, the number of votes …