Referendum (Amendment) Act, 1972

In short

This law amends existing Referendum Acts to specify procedures for two constitutional referenda in 1972, concerning voting age and religious articles in the Constitution. It details how polling cards are to be issued and how voters, especially those needing assistance, are to be guided during these specific referenda.

What it regulates

The content and distribution of polling cards for two specific constitutional referenda.
The process for assisting voters who need help marking their ballot papers during these referenda.
The display of information regarding the proposals at polling stations.
The application of certain subsections of the Electoral Act, 1963, to polling cards for postal voters.

Who it concerns

Electors participating in the Fourth and Fifth Amendment of the Constitution Bill, 1972, referenda.
Local returning officers and presiding officers involved in conducting these referenda.

Key points

Polling cards must contain a specific statement outlining the two proposals: reducing the voting age to 18 and deleting certain religious articles from the Constitution.
Postal voters will receive a polling card indicating their postal voter status, sent with their ballot paper to the same address.
Presiding officers must display copies of the statement about the proposals at polling stations, though failure to do so does not invalidate a referendum.
When assisting a voter, the presiding officer will read out the proposal and ask if the voter approves or objects, or, if the voter doesn't understand, will read a detailed statement of the proposal and ask if they wish to vote in favour or against changing the Constitution.

Legal text

Referendum (Amendment) Act, 1972 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 1972 Referendum (Amendment) Act, 1972 Referendum (Amendment) Act, 1972 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 23 of 1972 REFERENDUM (AMENDMENT) ACT, 1972 ARRANGEMENT OF SECTIONS Section 1. Constitutional referenda in relation to Fourth Amendment of the Constitution Bill, 1972, and Fifth Amendment of the Constitution Bill, 1972. 2. Short title, collective citation and construction. Acts Referred to Electoral Act, 1963 1963, No. 19 Referendum Act, 1942 1942, No. 8 Number 23 of 1972 REFERENDUM (AMENDMENT) ACT, 1972 AN ACT TO AMEND THE REFERENDUM ACTS, 1942 TO 1972. [11th November, 1972] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Constitutional referenda in relation to Fourth Amendment of the Constitution Bill, 1972, and Fifth Amendment of the Constitution Bill, 1972. 1.—At a constitutional referendum in relation to the Fourth Amendment of the Constitution Bill, 1972, and at a constitutional referendum in relation to the Fifth Amendment of the Constitution Bill, 1972— (
a)a polling card sent under section 64

(1)of the Electoral Act, 1963 , shall contain the statement set out in 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 Dáil 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 statement 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 statement 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 no referendum shall 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, the presiding officer— (
i)shall read out to the voter such statement of the proposal which is the subject of the referendum as is set out in paragraph 1 of the Appendix to section 1 of the Referendum (Amendment) Act, 1972, (
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 1. You may vote at the Referenda on two proposals:— GREEN BALLOT PAPER The Fourth Amendment of the Constitution Bill, 1972, proposes to reduce the minimum voting age at Dáil and Presidential elections and Referenda from 21 years to 18 years. WHITE BALLOT PAPER The Fifth Amendment of the Constitution Bill, 1972, proposes to delete subsections 2° and 3° of Article 44.1 of the Constitution which provide as follows: 2° The State recognises the special position of the Holy Catholic Apostolic and Roman Church as the guardian of the Faith professed by the great majority of the citizens. 3° The State also recognises the Church of Ireland, the Presbyterian Church in Ireland, the Methodist Church in Ireland, the Religious Society of Friends in Ireland, as well as the Jewish Congregations and the other religious denominations existing in Ireland at the date of the coming into operation of this Constitution. If the proposal is approved Article 44 would provide as follows: Religion. Article 44. 1. The State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honour religion. 2. 1° Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen. 2° The State guarantees not to endow any religion. 3° The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status. 4° Legislation providing State aid for schools shall not discriminate between schools under the management of different religious denominations, nor be such as to affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school. 5° Every religious denomination shall have the right to manage its own affairs, own, acquire and administer property, movable and immovable, and maintain institutions for religious or charitable purposes. 6° The property of any religious denomination or any educational institution shall not be diverted save for necessary works of public utility and on payment of compensation. 2. If you APPROVE of the proposal in the Bill to which the ballot paper relates, mark X opposite the word YES on the paper. 3. If you DO NOT APPROVE of the proposal in the Bill to which the ballot paper relates, mark X opposite the word NO on the paper. 4. Copies of the Bills can be inspected free of charge and purchased for two and a half pence each at any Post Office. Short title, collective citation and construction. 2.—

(1)This Act may be cited as the Referendum (Amendment) Act, 1972.

(2)The collective citation, the Referendum Acts, 1942 to 1972, shall include this Act.

(3)This Act shall be construed as one with the Referendum Acts, 1942 to 1972. 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.