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struments 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 1.

terpretation. 2. Entry of names

postal voters list. 3. Application to be entered

postal voters list. 4. Applicant to provide

formation or documents.

1. Notices and application forms.
2. Consideration of applications.
3. Voting by electors under this Act.
4. Amendment of Second Schedule to European Parliament Elections Act
6. Amendment of Regulations of
8. Amendment of section 15A of Act of
10. Amendment of Rule 1 of Second Schedule to Act of
12. Amendment of Rule 14A of Second Schedule to Act of
14. Amendment of section 22 of Seanad Electoral (University Members) Act
16. Amendment of Seanad Electoral (Panel Members) Act
18. Alternative voting arrangements under this Act.
19. Amendment of section 6 of European Parliament Elections Act
21. Amendment of Articles 83, 84, 89 and 90 of Regulations of
23. Amendment of Presidential Elections Act
25. List relating to draft register and register

force. 20. Short title, collective citation and construction. 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

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:

terpretation. 1.—

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

stitution; “ 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 ”,

relation to a prison, means the governor or other person

charge of the prison or any person employed

the prison who is authorised by the said governor or other person

charge to perform any function expressed by this Act, other than this section, to be performable by such an official. Entry of names

postal voters list. 2.—

the postal voters list the name of every elector who— (a) not later than the last date for making claims for corrections

the draft register applies to be so entered, (b) satisfies the registration authority that the circumstances of the elector’s detention

prison, pursuant to an order of a court, are such as to render it likely that he or she will be unable to go

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

the State prior to his or her detention

prison.

which of the postal voters lists (for the various constituencies

the State) his or her name shall be entered, and (b) otherwise for the purposes of this section (other than subsection

the place where he or she would have been residing but for his or her detention

prison. Application to be entered

postal voters list. 3.—

relation to an application to be entered

the postal voters list pursuant to section 2 : (a) the application shall be

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,

either case, the form shall be completed

accordance with the

structions provided thereon; (c) the application form, duly completed and accompanied by the certificate referred to

subsection

the draft register.

subsection

the form directed by the Minister, under the hand of the relevant official of the prison concerned stating that the applicant is a person who is detained

prison pursuant to an order of a court and the circumstances of the elector’s detention are such as to render it likely that he or she will be unable to go

person on polling day to vote at the polling place for the polling district. Applicant to provide

formation or documents. 4.—

the postal voters list pursuant to section 2 shall furnish to the registration authority any

formation or documents

the applicant’s possession or procurement which the authority may require for the purposes of— (

1. a)satisfying itself that the applicant is a person to whom section 2 applies, or (
2. b)determining the place where he or she would have been residing but for his or her detention

prison.

the requirement or

a subsequent notice given by it

relation to the requirement the period of time within which the requirement shall be complied with and, if the applicant does not comply within the period so specified, the application referred to

subsection

the requirement or notice referred to

subsection

the postal voters list pursuant to section 2 , (b) the manner

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.

subsection

a notice pursuant to that subsection (and the places so specified shall

clude every prison situated

the area of the registration authority) and such an application form shall be supplied free of charge to any person who requests such a form. Consideration of applications. 6.—

section 3 , and (

1. c)has furnished the certificate required under section 3 , the registration authority shall— (
2. i)rule that the application is granted and mark the application form accordingly, and (
3. ii)notify the applicant of that ruling.

subsection

section 2

the postal voters list

force at the date of coming

to operation of this Act and,

this regard, the Minister may by order appoint— (a) a date to be the latest date for receiving applications under section 2

lieu of the date specified

paragraph (a) of subsection

section 5

lieu of the period specified therein, and subsection

clude

an order under subsection

the postal voters list referred to

that subsection (“the first-mentioned list”) following an application

that behalf made before the date appointed by that order shall be deemed also to be so entered

the postal voters list which comes

to force immediately following the first-mentioned list ceasing to be

force, or (b) applicants who have applied for entry

the first-mentioned list before the date appointed by that order and whose applications are granted under this section shall,

lieu of being entered

the first-mentioned list, be duly entered

the postal voters list which comes

to force immediately following the first-mentioned list ceasing to be

force.

respect of an application under section 2 (

cluding that section as it has effect by virtue of subsection

the supplement to the register and, accordingly, the reference

the said Rule 16 to an application for entry

the supplement to the register shall, for the purposes of the application of that Rule by this subsection, be construed as a reference to an application for entry

the postal voters list under section 2 (

cluding that section as it has effect by virtue of subsection

the postal voters list pursuant to this Act, subject to the following modifications: (a) an elector whose name is so entered

the postal voters list,

order to vote, shall

the presence of the relevant official of the prison

which he or she is detained do the following things

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 (

relation to which the relevant official shall establish that it is unmarked) and a form of declaration of identity

the form directed by the Minister; (

1. 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; (
2. iv)mark,

secret, the ballot paper; (v) place the marked ballot paper

the ballot paper envelope, and effectually seal such envelope; (vi) place the ballot paper envelope and the completed declaration of identity

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”,

relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”; (c) a reference to “receipt duly signed”,

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”,

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.

this section shall have effect

relation to the provisions of the said Part XIII as applied to presidential elections by section 40 of the Presidential Elections Act 1993 , and to referendums by section 28 of the Referendum Act 1994 .

this section— “ ballot paper envelope ” has the meaning specified

section 68

section 68

serting the following Rule after Rule 29A (

serted by section 69 of the Electoral Act 1997 ) of the Second Schedule: “Voting by electors referred to

section 2 of the Electoral (Amendment) Act 2006. 29B.—

the postal voters list pursuant to the Electoral (Amendment) Act 2006, subject to the following modifications: (a) an elector whose name is so entered

the postal voters list,

order to vote, shall

the presence of the relevant official of the prison

which he or she is detained do the following things

the following order: (i) produce to the relevant official the envelope addressed to the elector pursuant to Rule 32

relation to which the relevant official shall establish that it is unmarked) and a form of declaration of identity

the form directed by the Minister; (

1. 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; (
2. iv)mark,

secret, the ballot paper; (v) place the marked ballot paper

the ballot paper envelope, and effectually seal such envelope; (vi) place the ballot paper envelope and the completed declaration of identity

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’,

relation to documents appropriate to such electors, shall be construed as a reference to ‘declaration of identity’; (c) a reference to ‘receipt duly signed’,

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’,

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.

this Rule— ‘ ballot paper envelope ’ has the meaning specified

Rule 32

Rule 32

section 1 of the Electoral (Amendment) Act 2006.”. Amendment of Regulations of 1995. 9.— The Regulations of 1995 are amended by

serting the following Article after Article 30A (

serted by section 70 of the Electoral Act 1997 ): “Voting by electors referred to

section 2 of the Electoral (Amendment) Act 2006. 30B.—

the postal voters list pursuant to the Electoral (Amendment) Act 2006, subject to the following modifications: (a) an elector whose name is so entered

the postal voters list,

order to vote, shall

the presence of the relevant official of the prison

which he or she is detained do the following things

the following order: (i) produce to the relevant official the envelope addressed to the elector pursuant to Article 33

relation to which the relevant official shall establish that it is unmarked) and a form of declaration of identity

the form directed by the Minister; (

1. 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; (
2. iv)mark,

secret, the ballot paper; (v) place the marked ballot paper

the ballot paper envelope, and effectually seal such envelope; (vi) place the ballot paper envelope and the completed declaration of identity

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’,

relation to documents appropriate to such electors, shall be construed as a reference to ‘declaration of identity’; (c) a reference to ‘receipt duly signed’,

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’,

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.

this Article— ‘ ballot paper envelope ’ has the meaning specified

Article 33

Article 33

section 1 of the Electoral (Amendment) Act 2006.”. Amendment of section 15A of Act of 1992. 10.— Section 15A of the Act of 1992 (

serted by section 76 of the Electoral Act 1997 ) is amended— (a)

subsection

section 63 of the Electoral Act 1997 or

section 2 of the Electoral (Amendment) Act 2006” for “or

section 63 of the Electoral Act, 1997 ”; (b) by

serting the following paragraph after paragraph (b) of subsection

the supplement to the postal voters list under this section from an elector referred to

section 2 (but who has not complied with subsection

sections 4

section 3

the draft register’; and (iv)

section 5

a notice pursuant to that subsection (and the places so specified shall

clude every prison situated

the area of the registration authority)’.”. Amendment of Rule 1 of Second Schedule to Act of 1992. 11.—

to force immediately following the register

force at the date of coming

to operation of this Act, by substituting— (a)

paragraph 7, “9th December” for “25th November”, (b)

paragraph 8, “12th December” for “30th November”, and (c)

paragraph 9, “12th January” for “23rd December”.

this section “preparation”,

relation to the register of electors,

cludes any relevant act

relation to the register mentioned

the Table to Rule 1

to operation on 25 November

1. Amendment of Rule 14A of Second Schedule to Act of
2. 12.— Rule 14A of the Second Schedule to the Act of 1992 (

serted by section 1 of the Electoral (Amendment) Act 2002 ) is amended— (a)

paragraph

serting the following paragraphs after paragraph

relation to an application to be entered

the supplement to the register of electors by an elector who is detained

prison pursuant to an order of a court: (a) the application shall be

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,

either case, the form shall be completed

accordance with the

structions provided thereon; (c) the application form, duly completed and accompanied by the certificate referred to

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

subparagraph (c) of paragraph (2A) is a certificate,

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

serting the following subsection after subsection

this section— the word ‘prison’ has the meaning assigned to it

section 1 of the Electoral (Amendment) Act 2006; the expression ‘relevant official’ has the meaning assigned to it

section 1 of the Electoral (Amendment) Act 2006; the expression ‘returning by post’

cludes,

the case of an elector who is detained

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

subsection

section 2— (i) by

serting the following definition after that of “prescribed”: “the word ‘ prison ’ has the meaning assigned to it

section 1 of the Electoral (Amendment) Act 2006;”, and (ii) by

serting the following definition after that of “the register of nominating bodies”: “the expression ‘ relevant official ’ has the meaning assigned to it

section 1 of the Electoral (Amendment) Act 2006;”, (b)

section 51, by

serting the following subsection after subsection

this section the expression ‘ returning by regis tered post ’

cludes,

the case of an elector who is detained

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

subsection

section 73, by

serting the following subsection after subsection

this section the expression ‘ returning by regis tered or ordinary post ’

cludes,

the case of an elector who is detained

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

subsection

the First Schedule— (i)

paragraph

subparagraph (b), by substituting “elector,” for “elector.”, and (II) by

serting the following subparagraph after subparagraph (b): “(c) where the authorised person referred to

subparagraph (b) is the relevant official, he, on being handed the covering envelope, shall affix thereto

the prescribed manner a label

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)

paragraph

subparagraph (f), by substituting “nominate,” for “nominate.”, and (II) by

serting the following subparagraph after subparagraph (f): “(g)

case the elector is an elector who is detained

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.—

the postal voters list pursuant to this Act the elector may give notice

writing to the registration authority— (

1. a)on or before the second day after the dissolution of the Dáil at a general election, or (
2. 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.

paragraph (

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

relation to an election or a referendum but before the relevant date referred to

either paragraph (a) or (b)

relation to another election or referendum, the poll at which is to be held on the same day, the relevant date for the second or subsequent election or referendum shall apply to a request received under either of the said paragraphs

connection with the elections or referendums.

the postal voters list pursuant to this Act and the elector is discharged from the prison

which he or she has been detained before polling day at an election or a referendum

circumstances where the elector has not given notice

accordance with subsection

respect of the elector containing a ballot paper and the other documents referred to

section 68 of the Act of 1992, Rule 32 of the Second Schedule to the European Parliament Elections Act 1997 or Article 33 of the Regulations of 1995, as the case may be, is returned before that polling day by the relevant official of the prison as a ballot paper and documents that have not been delivered to a person whose name has been entered

the postal voters list pursuant to this Act, then the returning officer may re-address the envelope and send it by post to the elector concerned at his or her address.

section 68 of the Act of 1992, Rule 32 of the Second Schedule to the European Parliament Elections Act 1997 or Article 33 of the Regulations of 1995, as the case may be, and send it by post to another prison where the elector concerned is detained or, as the case may be, to the returning officer if the elector is no longer detained

any prison.

a case to which subsection

serting the following subsection after subsection

subsection

Article 83, by substituting the following subarticle for subarticle

Article 84, by substituting the following subarticle for subarticle

one operation exclude such two or more lowest candidates.”, (c)

Article 89

, by deleting “

the order ascertained

accordance with article 88”, and (d)

Article 90

which the candidates were elected.”. Amendment of Presidential Elections Act 1993. 18.— The Presidential Elections Act 1993 is amended— (a)

section 20, by substituting “3 p.m.” for “12 noon”, and (b)

section 51

accordance with subsection

a number of votes exceeding one quarter of the quota being credited to any such candidate.”. List relating to draft register and register

force. 19.— Notwithstanding anything

the Data Protection Acts 1988 and 2003, a registration authority may, for the purposes of assisting

the preparation of a complete and accurate register of electors, prepare and publish, at any time after it publishes a draft register of electors

accordance with Rule 5 of the Second Schedule to the Act of 1992, a list,

such form and manner as the authority considers appropriate, of the names of all persons who are registered as electors

the register (

force at the time of publication of that draft register) but whose names are not

cluded

that draft register. Short title, collective citation and construction. 20.—

so far as it relates to European Parliament elections) may be cited together as the European Parliament Elections Acts 1992 to 2006 and shall be read together as one.

so far as it relates to presidential elections) may be cited together as the Presidential Elections Acts 1992 to 2006 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 2006 and shall be read together as one.

so far as it relates to referendums) may be cited together as the Referendum Acts 1992 to 2006 and shall be read together as one.

so far as it relates to Seanad elections) may be cited together as the Seanad Electoral (University Members) Acts 1937 to 2006 and shall be read together as one.

so far as it relates to Seanad elections) may be cited together as the Seanad Electoral (Panel Members) Acts 1947 to 2006 and shall be read together as one. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais

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