Electoral (Amendment) Act 2006

Electoral (Amendment) Act 2006 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 2006 Electoral (Amendment) Act 2006 Electoral (Amendment) Act 2006 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 33 of 2006 ELECTORAL (AMENDMENT) ACT 2006 ARRANGEMENT OF SECTIONS Section

Section 1

Section 2

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

Section 19

Section 20

Acts Referred to Data Protection Acts 1988 and 2003 Electoral Act 1992 1992, No. 23 Electoral Act 1997 1997, No. 25 Electoral Acts 1992 to 2005 Electoral (Amendment) Act 2002 2002, No. 4 European Parliament Elections Act 1997 1997, No. 2 European Parliament Elections Acts 1992 to 2004 Local Elections Acts 1974 to 2004 Presidential Elections Act 1993 1993, No. 28 Presidential Elections Acts 1992 to 2004 Prisons Acts 1826 to 1980 Referendum Act 1994 1994, No. 12 Referendum Acts 1992 to 2004 Seanad Electoral (Panel Members) Act 1947 1947, No. 42 Seanad Electoral (Panel Members) Acts 1947 to 2001 Seanad Electoral (University Members) Act 1937 1937, No. 30 Seanad Electoral (University Members) Acts 1937 to 2001 Number 33 of 2006 ELECTORAL (AMENDMENT) ACT 2006 AN ACT TO PROVIDE FOR POSTAL VOTING AT ELECTIONS AND REFERENDUMS BY PERSONS WHO ARE IMPRISONED IN THE STATE AND WHO ARE ELIGIBLE TO VOTE AT ELECTIONS AND REFERENDUMS; TO AMEND THE PRESIDENTIAL ELECTIONS ACT 1993, THE EUROPEAN PARLIAMENT ELECTIONS ACT 1997 AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS. [11th December, 2006] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.— In this Act— “ Act of 1992 ” means the Electoral Act 1992 ; “ constitutional referendum ” means a referendum on a proposal for the amendment of the Constitution; “ Minister ” means the Minister for the Environment, Heritage and Local Government; “ ordinary referendum ” means a referendum on a proposal other than a proposal for the amendment of the Constitution; “ prison ” means— (a) a place to which the Prisons Acts 1826 to 1980 apply, or (b) Saint Patrick’s Institution; “ referendum ” means a constitutional referendum or an ordinary referendum; “ Regulations of 1995 ” means the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 ); “ relevant official ”, in relation to a prison, means the governor or other person in charge of the prison or any person employed in the prison who is authorised by the said governor or other person in charge to perform any function expressed by this Act, other than this section, to be performable by such an official.

Entry of names in postal voters list.

2.— (1) The registration authority shall enter in the postal voters list the name of every elector who— (a) not later than the last date for making claims for corrections in the draft register applies to be so entered, (b) satisfies the registration authority that the circumstances of the elector’s detention in prison, pursuant to an order of a court, are such as to render it likely that he or she will be unable to go in person on polling day to vote at the polling place for the polling district, and (c) satisfies the registration authority that he or she was ordinarily resident in the State prior to his or her detention in prison.

Application to be entered in postal voters list.

3.— (1) The following provisions shall apply in relation to an application to be entered in the postal voters list pursuant to section 2 : (a) the application shall be in the form directed by the Minister; (b) the application shall be signed by the applicant or, if the applicant is unable to write, he or she shall place his or her mark on the application form and, in either case, the form shall be completed in accordance with the instructions provided thereon; (c) the application form, duly completed and accompanied by the certificate referred to in subsection (2), shall be handed to the relevant official who shall send it or cause it to be sent by post so as to be received by the registration authority not later than the last date for making claims for corrections in the draft register.

Applicant to provide information or documents.

4.— (1) A person making an application to be entered in the postal voters list pursuant to section 2 shall furnish to the registration authority any information or documents in the applicant’s possession or procurement which the authority may require for the purposes of— (a) satisfying itself that the applicant is a person to whom section 2 applies, or (b) determining the place where he or she would have been residing but for his or her detention in prison.

Notices and application forms.

5.— (1) The registration authority shall, within the period of 14 days ending on the qualifying date for registration as an elector, arrange for the giving of public notice of— (a) the category of electors entitled to apply to be entered in the postal voters list pursuant to section 2 , (b) the manner in which, and the time before which, applications under that section must be submitted, and (c) the times and places at which application forms for that purpose may be obtained.

Consideration of applications.

6.— (1) Where the registration authority is satisfied that a person making an application under section 2 (the “applicant”)— (a) is an elector to whom section 2 applies, (b) has duly completed the application form referred to in section 3 , and (c) has furnished the certificate required under section 3 , the registration authority shall— (i) rule that the application is granted and mark the application form accordingly, and (ii) notify the applicant of that ruling.

Voting by electors under this Act.

7.— (1) The provisions of Part XIII of the Act of 1992 shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors at a Dáil election whose names are entered in the postal voters list pursuant to this Act, subject to the following modifications: (a) an elector whose name is so entered in the postal voters list, in order to vote, shall in the presence of the relevant official of the prison in which he or she is detained do the following things in the following order: (i) produce to the relevant official the envelope addressed to the elector pursuant to section 68 of that Act, the ballot paper (in relation to which the relevant official shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister; (ii) complete and sign the declaration of identity; (iii) hand the declaration of identity to the relevant official who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the prison and destroy the envelope addressed to the elector; (iv) mark, in secret, the ballot paper; (v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope; (vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope; and shall hand the last-mentioned envelope to the relevant official who shall send it or cause it to be sent by post to the returning officer; (b) a reference to “receipt”, in relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”; (c) a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed and stamped with the stamp of the prison”; and (d) a reference to “sign”, in relation to an elector who is unable to write, shall be construed as a reference to the making by the elector of his or her mark.

Amendment of Second Schedule to European Parliament Elections Act 1997.

8.— The European Parliament Elections Act 1997 is amended by inserting the following Rule after Rule 29A (inserted by section 69 of the Electoral Act 1997 ) of the Second Schedule: “Voting by electors referred to in section 2 of the Electoral (Amendment) Act 2006.

29B.— (1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to the Electoral (Amendment) Act 2006, subject to the following modifications: (a) an elector whose name is so entered in the postal voters list, in order to vote, shall in the presence of the relevant official of the prison in which he or she is detained do the following things in the following order: (i) produce to the relevant official the envelope addressed to the elector pursuant to Rule 32(3), the ballot paper (in relation to which the relevant official shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister; (ii) complete and sign the declaration of identity; (iii) hand the declaration of identity to the relevant official who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the prison and destroy the envelope addressed to the elector; (iv) mark, in secret, the ballot paper; (v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope; (vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope; and shall hand the last-mentioned envelope to the relevant official who shall send it or cause it to be sent by post to the local returning officer; (b) a reference to ‘receipt’, in relation to documents appropriate to such electors, shall be construed as a reference to ‘declaration of identity’; (c) a reference to ‘receipt duly signed’, in relation to such documents, shall be construed as a reference to ‘declaration of identity duly signed and witnessed and stamped with the stamp of the prison’; and (d) a reference to ‘sign’, in relation to an elector who is unable to write, shall be construed as a reference to the making by the elector of his or her mark.

Amendment of Regulations of 1995.

9.— The Regulations of 1995 are amended by inserting the following Article after Article 30A (inserted by section 70 of the Electoral Act 1997 ): “Voting by electors referred to in section 2 of the Electoral (Amendment) Act 2006.

30B.— (1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to the Electoral (Amendment) Act 2006, subject to the following modifications: (a) an elector whose name is so entered in the postal voters list, in order to vote, shall in the presence of the relevant official of the prison in which he or she is detained do the following things in the following order: (i) produce to the relevant official the envelope addressed to the elector pursuant to Article 33(3), the ballot paper (in relation to which the relevant official shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister; (ii) complete and sign the declaration of identity; (iii) hand the declaration of identity to the relevant official who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the prison and destroy the envelope addressed to the elector; (iv) mark, in secret, the ballot paper; (v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope; (vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope; and shall hand the last-mentioned envelope to the relevant official who shall send it or cause it to be sent by post to the returning officer; (b) a reference to ‘receipt’, in relation to documents appropriate to such electors, shall be construed as a reference to ‘declaration of identity’; (c) a reference to ‘receipt duly signed’, in relation to such documents, shall be construed as a reference to ‘declaration of identity duly signed and witnessed and stamped with the stamp of the prison’; and (d) a reference to ‘sign’, in relation to an elector who is unable to write, shall be construed as a reference to the making by the elector of his or her mark.

Amendment of section 15A of Act of 1992.

10.— Section 15A of the Act of 1992 (inserted by section 76 of the Electoral Act 1997 ) is amended— (a) in subsection (1), by substituting “, in section 63 of the Electoral Act 1997 or in section 2 of the Electoral (Amendment) Act 2006” for “or in section 63 of the Electoral Act, 1997 ”; (b) by inserting the following paragraph after paragraph (b) of subsection (2): “(bb) The provisions of sections 3 , 4 , 5 (other than subsection (1)) and 6 (other than subsections (3), (4), (5) and (6)) of the Electoral (Amendment) Act 2006 shall apply to an application for entry in the supplement to the postal voters list under this section from an elector referred to in section 2 (but who has not complied with subsection (1)(a) of that section) of that Act as if: (i) references to ‘postal voters list’ were references to ‘supplement to the postal voters list’; (ii) references to ‘ section 2 ’, other than those which occur in sections 4

Amendment of Rule 1 of Second Schedule to Act of 1992.

11.— (1) The Table to Rule 1(4) of the Second Schedule to the Act of 1992 is amended as respects, and only as respects, the preparation of the register of electors which comes into force immediately following the register in force at the date of coming into operation of this Act, by substituting— (a) in paragraph 7, “9th December” for “25th November”, (b) in paragraph 8, “12th December” for “30th November”, and (c) in paragraph 9, “12th January” for “23rd December”.

Amendment of Rule 14A of Second Schedule to Act of 1992.

12.— Rule 14A of the Second Schedule to the Act of 1992 (inserted by section 1 of the Electoral (Amendment) Act 2002 ) is amended— (a) in paragraph (1), by substituting “Subject to paragraphs (2) and (2A),” for “Subject to paragraph (2),”, and (b) by inserting the following paragraphs after paragraph (2): “(2A) The following provisions shall apply in relation to an application to be entered in the supplement to the register of electors by an elector who is detained in prison pursuant to an order of a court: (a) the application shall be in the form directed by the Minister; (b) the application shall be signed by the applicant or, if the applicant is unable to write, he or she shall place his or her mark on the application form and, in either case, the form shall be completed in accordance with the instructions provided thereon; (c) the application form, duly completed and accompanied by the certificate referred to in paragraph (2B), shall be handed to the relevant official (within the meaning of section 1 of the Electoral (Amendment) Act 2006) who shall send it or cause it to be sent by post to the registration authority. (2B) The certificate referred to in subparagraph (c) of paragraph (2A) is a certificate, in the form directed by the Minister, under the hand of the relevant official of the prison concerned stating that he or she is satisfied as to the identity of the applicant.”.

Amendment of section 22 of Seanad Electoral (University Members) Act 1937.

13.—

Section 22

of the Seanad Electoral (University Members) Act 1937 is amended by inserting the following subsection after subsection (3): “(4) In this section— the word ‘prison’ has the meaning assigned to it in section 1 of the Electoral (Amendment) Act 2006; the expression ‘relevant official’ has the meaning assigned to it in section 1 of the Electoral (Amendment) Act 2006; the expression ‘returning by post’ includes, in the case of an elector who is detained in prison pursuant to an order of a court, the return by the relevant official, or by a person acting under the relevant official’s direction, of the documents referred to in subsection (1) on behalf of the elector concerned.”.

Amendment of Seanad Electoral (Panel Members) Act 1947.

14.— The Seanad Electoral (Panel Members) Act 1947 is amended— (a) in section 2— (i) by inserting the following definition after that of “prescribed”: “the word ‘ prison ’ has the meaning assigned to it in section 1 of the Electoral (Amendment) Act 2006;”, and (ii) by inserting the following definition after that of “the register of nominating bodies”: “the expression ‘ relevant official ’ has the meaning assigned to it in section 1 of the Electoral (Amendment) Act 2006;”, (b) in section 51, by inserting the following subsection after subsection (3): “(4) In this section the expression ‘ returning by regis tered post ’ includes, in the case of an elector who is detained in prison pursuant to an order of a court, the return by the relevant official, or by a person acting under the relevant official’s direction, of the documents referred to in subsection (1) on behalf of the elector concerned.”, (c) in section 73, by inserting the following subsection after subsection (1): “(2) In this section the expression ‘ returning by regis tered or ordinary post ’ includes, in the case of an elector who is detained in prison pursuant to an order of a court, the return by the relevant official, or by a person acting under the relevant official’s direction, of the documents referred to in subsection (1) on behalf of the elector concerned.”, and (d) in the First Schedule— (i) in paragraph (1) of Rule 8— (I) in subparagraph (b), by substituting “elector,” for “elector.”, and (II) by inserting the following subparagraph after subparagraph (b): “(c) where the authorised person referred to in subparagraph (b) is the relevant official, he, on being handed the covering envelope, shall affix thereto in the prescribed manner a label in the prescribed form and, if he is satisfied that it is proper to sign the certificate appearing on the label, shall sign that certificate and send the covering envelope or cause it to be sent by registered post to the Seanad returning officer.”, (ii) in paragraph (2) of Rule 8— (I) in subparagraph (f), by substituting “nominate,” for “nominate.”, and (II) by inserting the following subparagraph after subparagraph (f): “(g) in case the elector is an elector who is detained in prison pursuant to an order of a court, the relevant official of the prison where he or she is detained.”.

Alternative voting arrangements under this Act.

15.— (1) Where an elector’s name is entered in the postal voters list pursuant to this Act the elector may give notice in writing to the registration authority— (a) on or before the second day after the dissolution of the Dáil at a general election, or (b) on or before the second day after the date of the making of the order appointing polling day at a Dáil bye-election, or a Presidential, European or local election, or a referendum, requesting that his or her name be deleted from the postal voters list and the registration authority shall comply with that request.

Amendment of section 6 of European Parliament Elections Act 1997.

16.—

Section 6

of the European Parliament Elections Act 1997 is amended by inserting the following subsection after subsection (1): “(1A) It shall be lawful for a member of the Garda Síochána or an official of the registration authority to take and receive a statutory declaration referred to in subsection (1).”.

Amendment of Articles 83, 84, 89 and 90 of Regulations of 1995.

17.— The Regulations of 1995 are amended— (a) in Article 83, by substituting the following subarticle for subarticle (8): “(8) The returning officer shall not transfer the surplus of a candidate deemed to be elected whenever that surplus, together with any other surplus not transferred, is less than both the difference between the quota and the number of votes credited to the highest continuing candidate and the difference between the numbers of the votes credited to the two lowest continuing candidates.”, (b) in Article 84, by substituting the following subarticle for subarticle (2): “(2) Where the total of the votes of the two or more lowest candidates together with any surplus not transferred is less than the number of votes credited to the next highest candidate, the returning officer shall in one operation exclude such two or more lowest candidates.”, (c) in Article 89, by deleting “in the order ascertained in accordance with article 88”, and (d) in Article 90(3)— (i) by substituting “transfer of votes and” for “transfer of votes,”, and (ii) by substituting “place.” for “place, and the order in which the candidates were elected.”.

Amendment of Presidential Elections Act 1993.

18.— The Presidential Elections Act 1993 is amended— (a) in section 20, by substituting “3 p.m.” for “12 noon”, and (b) in section 51(2), by substituting for “operation.” the following: “operation, provided that— (a) the number of votes credited to the second lowest candidate is greater than one quarter of the quota, or (b) where the number of votes credited to any one of such two or more lowest candidates does not exceed one quarter of the quota, it is clear that the exclusion of the candidates separately in accordance with subsection (1) could not result in a number of votes exceeding one quarter of the quota being credited to any such candidate.”.

List relating to draft register and register in force.

19.— Notwithstanding anything in the Data Protection Acts 1988 and 2003, a registration authority may, for the purposes of assisting in the preparation of a complete and accurate register of electors, prepare and publish, at any time after it publishes a draft register of electors in accordance with Rule 5 of the Second Schedule to the Act of 1992, a list, in such form and manner as the authority considers appropriate, of the names of all persons who are registered as electors in the register (in force at the time of publication of that draft register) but whose names are not included in that draft register.

Short title, collective citation and construction.

20.— (1) This Act may be cited as the Electoral (Amendment) Act 2006.

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