Electoral (Amendment) Act, 1986

What is this act about?

This law amends existing electoral and referendum laws, primarily by changing who acts as the returning officer for constituencies and by setting out specific procedures for a constitutional referendum related to the Tenth Amendment of the Constitution Bill, 1986.

Who it applies to: Returning officers and local returning officers for elections; Electors participating in the constitutional referendum on the Tenth Amendment of the Constitution Bill, 1986.

At a glance

Country: Ireland
Area of law: Constitutional law and human rights
Articles: 4
Source: irishstatutebook.ie
Text retrieved: 2026-06-17
Explanation updated: 2026-07-07

What does this act regulate?

The appointment of returning officers for constituencies in general elections.
The appointment of local returning officers for European Assembly Elections.
The content and distribution of polling cards for a specific constitutional referendum.
The procedure for assisting voters in marking their ballot papers during that referendum.

Who does this act apply to?

Returning officers and local returning officers for elections.
Electors participating in the constitutional referendum on the Tenth Amendment of the Constitution Bill, 1986.

What are the key points?

The returning officer for a constituency is generally the sheriff for specified counties/county boroughs (Cork and Dublin) or the county registrar for other areas, with the Minister appointing in cases where constituencies span multiple areas.
Local returning officers for European Assembly Elections are the sheriff for Cork and Dublin counties/county boroughs, and the county registrar for all other counties/county boroughs.
For the specified constitutional referendum, polling cards must include statements from Parts I and II of the Appendix and are sent to all electors, including postal voters.
Presiding officers must display copies of these statements in polling stations and can assist voters by reading out the proposal and asking specific questions about their vote.

Constitutional law and human rights

Constitution of the Irish Free State (Saorstát Eireann) Act, 1922

Treaty (Confirmation of Amending Agreement) Act, 1925

Ministers and Secretaries Act, 1924

Electoral (Amendment) (No. 2) Act, 1927

Electoral (Seanad Elections) Act, 1925

Referendum (Amendment) Act, 1983

Referendum (Amendment) Act, 1984

Oireachtas (Payment of Members) Act, 1933

Constitutional law and human rights

Legal text

Contents (4)

Section 1
Section 2
Section 3
Section 4

Electoral (Amendment) Act, 1986 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 1986 Electoral (Amendment) Act, 1986 Electoral (Amendment) Act, 1986 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 12 of 1986 ELECTORAL (AMENDMENT) ACT, 1986 ARRANGEMENT OF SECTIONS Section

Section 1

Amendment of Electoral Act, 1963.

Section 2

Amendment of European Assembly Elections Act, 1977.

Section 3

Constitutional referendum in relation to Tenth Amendment of the Constitution Bill, 1986.

Section 4

Short title, collective citation and construction.

APPENDIX

PART I

PART II

Acts Referred to Electoral Act, 1963 1963, No. 19 Electoral Acts, 1923 to 1985 Electoral (Amendment) Act, 1985 1985, No. 12 European Assembly Elections Act, 1977 1977, No. 30 European Assembly Elections Acts, 1977 and 1984 Referendum Act, 1942 1942, No. 8 Referendum Acts, 1942 to 1985 Number 12 of 1986 ELECTORAL (AMENDMENT) ACT, 1986 AN ACT TO AMEND THE ELECTORAL ACTS, 1923 TO 1985, THE EUROPEAN ASSEMBLY ELECTIONS ACTS, 1977 AND 1984, AND THE REFERENDUM ACTS, 1942 TO 1985. [27th May, 1986] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Amendment of Electoral Act, 1963 .

1.—

Section 11

of the Electoral Act, 1963 , is hereby amended by— (a) the substitution of the following subsection for subsection (1): “(1) (a) The returning officer for a constituency shall be— (i) in case the whole of the constituency is situate in a specified county or specified county borough, the sheriff for the specified county or specified county borough, (ii) in case part of the constituency is situate in a specified county and part in a specified county borough, such one of the sheriffs for the specified county or specified county borough as the Minister appoints from time to time, (iii) in case part of the constituency is situate in a specified county or specified county borough or in both and part in another county, such one of the following as the Minister appoints from time to time, namely, the sheriff for the specified county or the specified county borough or the county registrar for the other county, (iv) in any other case, the county registrar or, where part of the constituency has one county registrar and part another county registrar or parts other county registrars, such one of the county registrars as the Minister appoints from time to time. (b) In this section references to a specified county or specified county borough are references to the counties of Cork and Dublin and the county boroughs of Cork and Dublin.”, and (b) the substitution of the following paragraph for paragraph (c) of subsection (2): “(c) In this subsection ‘appropriate officer’, in relation to part of a constituency, means— (i) in case the part is situated in a specified county or specified county borough, the sheriff of the specified county or specified county borough, (ii) in case the part is situated in any other county or county borough, the county registrar for the county or county borough.”.

Amendment of European Assembly Elections Act, 1977.

2.—

Section 14

of the European Assembly Elections Act, 1977 , is hereby amended by the substitution of the following subsection for subsection (2): “(2) There shall for the purposes of this Act be a local returning officer for every county or county borough contained in a constituency and the local returning officer shall be— (a) in the case of the counties of Cork and Dublin and the county boroughs of Cork and Dublin, the sheriff, and (b) in every other case, the county registrar.”.

Constitutional referendum in relation to Tenth Amendment of the Constitution Bill, 1986.

3.—At a constitutional referendum in relation to the Tenth Amendment of the Constitution Bill, 1986— (a) a polling card sent under section 64

(1)of the Electoral Act, 1963 , as amended by section 3 of the Electoral (Amendment) Act, 1985 , shall contain the statements set out in Parts I and II of the Appendix to this section, (b) a polling card 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, (c) a polling card sent under paragraph (b) of this section— (i) shall indicate that it is for a postal voter and shall accordingly not state the number and place referred to in the said section 64 (1), (ii) shall contain the statements referred to in paragraph (a) of this section, and (iii) shall be sent by post to the elector at the same time as his ballot paper is sent, being addressed to him at the same address as is stated on the envelope in which the ballot paper is sent, (d) subsections (3) to (6) of the said section 64 shall apply in relation to polling cards sent under paragraph (b) of this section, (e) copies of the statements referred to in paragraph (a) of this section shall be displayed by a presiding officer in and in the precincts of his 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, (f) in applying Rule 18 (inserted by the Electoral Act, 1963 ) of the First Schedule to the Referendum Act, 1942 , the following paragraph shall be substituted for paragraph (5)— “(5) (a) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule, 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 Bill becoming law?’ and shall then, unless it is a case to which subparagraph (b) of this paragraph applies, mark the ballot paper in accordance with the answer of the voter, but he 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 paragraph 1 of the statement set out in Part I or Part II, as appropriate, of the Appendix to section 3 of the Electoral (Amendment) Act, 1986, (ii) shall then ask the voter ‘Which do you wish to do—to vote in favour of the proposal to change the Constitution or to vote against the proposal to change the Constitution?’, and (iii) shall then mark the ballot paper in accordance with the answer of the voter, but shall not act on any written instruction.”.

APPENDIX

PART I

1.Is é atá beartaithe leis an mBille um an Deichiú Leasú ar an mBunreacht, 1986, fo-alt 2° d'Airteagal 41.3 den Bhunreacht, a deir nach cead dlí ar bith a achtú a bhéarfadh cumhacht chun pósadh a scaoileadh, a scriosadh agus an fo-alt seo a leanas a chur ina ionad: “2° I gcás gur deimhin le cibé cúirt do bunuigheadh faoin mBunreacht so agus a ordóchar le dligheadh, agus sa chás san amháin— i. go bhfuil teipthe ar phósadh, ii. gur lean an teip ar feadh tréimhse cúig bliana ar a laghad nó tréimhsí cúig bliana ar a laghad san iomlán, iii. nach féidir le réasún bheith ag súil le comhréiteach idir na páirtithe sa phósadh, agus iv. gur coimhlíonadh aon choingheall eile a bheas ordaithe le dligheadh, féadfaidh an chúirt, do réir dlighidh, scaoileadh ar an bpósadh do thabhairt ar choingheall gur deimhin leis an gcúirt go ndéanfar socrú imleor cuibhe, ag féachaint do na himthosca, maidir le haon chéile cleitheamhnach agus maidir le haon leanbh de chuid ceachtar céile nó aon leanbh atá i gcleitheamhnas ar cheachtar céile.”.

2.Má THOILÍONN tú leis an togra, cuir X os coinne an fhocail TÁ ar an bpáipéar ballóide.

3.Mura dTOILÍONN tú leis an togra, cuir X os coinne an fhocail NÍL ar an bpáipéar ballóide.

4.Is féidir cóip den Bhille a iniúchadh saor in aisce, agus is féidir é a cheannach ar dhá phingin go leith, in aon Phost-Oifig.

PARTII 1. The Tenth Amendment of the Constitution Bill, 1986, proposes to delete subsection 2° of Article 41.3 of the Constitution, which states that no law shall be enacted providing for the grant of a dissolution of marriage, and to substitute the subsection here following: “2° Where, and only where, such court established under this Constitution as may be prescribed by law is satisfied that— i. a marriage has failed, ii. the failure has continued for a period of, or periods amounting to, at least five years, iii. there is no reasonable possibility of reconciliation between the parties to the marriage, and iv. any other condition prescribed by law has been complied with, the court may in accordance with law grant a dissolution of the marriage provided that the court is satisfied that adequate and proper provision having regard to the circumstances will be made for any dependent spouse and for any child of or any child who is dependent on either spouse.”.

2.If you APPROVE of the proposal, mark X opposite the word YES on the ballot paper.

3.If you DO NOT APPROVE of the proposal, mark X opposite the word NO on the ballot paper.

4.A copy of the Bill can be inspected free of charge, and purchased for two and a half pence, at any Post Office.

Short title, collective citation and construction.

4.—(1) This Act may be cited as the Electoral (Amendment) Act, 1986.

(2)The Electoral Acts, 1923 to 1985, and section 1 of this Act may be cited together as the Electoral Acts, 1923 to 1986.

(3)The European Assembly Elections Acts, 1977 and 1984, and section 2 of this Act may be cited together as the European Assembly Elections Acts, 1977 to 1986.

(4)(a) The Referendum Acts, 1942 to 1985 and section 3 of this Act may be cited together as the Referendum Acts, 1942 to 1986. (b)

Section 3

of this Act shall be construed as one with the Referendum Acts, 1942 to 1985.

Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.