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23 1992

ELECTORAL ACT, 1992

PART I

General

Short title, collective citation, construction and commencement.

1 .—(1) This Act may be cited as the Electoral Act, 1992.

(2) The Presidential Elections Acts, 1937 to 1986 and Part II insofar as it relates to presidential electors and Part XXIII insofar as it relates to presidential elections may be cited together as the Presidential Elections Acts, 1937 to 1992, and shall be construed together as one Act.

(3) The European Assembly Elections Acts, 1977 to 1986 and Part II insofar as it relates to European electors and Parts III and XXIII insofar as they relate to European elections may be cited together as the European Assembly Elections Acts, 1977 to 1992, and shall be construed together as one Act.

(4) The collective citation “the Referendum Acts 1942 to 1992” shall include Part XXIII insofar as it relates to referenda and the Referendum Acts 1942 to 1992 shall be construed together as one Act.

(5) The Local Elections Acts, 1963 to 1991 and Part II insofar as it relates to local government electors and Part XXIII insofar as it relates to local elections may be cited together as the Local Elections Acts, 1963 to 1992, and shall be construed together as one Act.

(6) 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.

(7) An order made under subsection (6) shall be laid before each House of the Oireachtas as soon as possible after it is made.

Interpretation.

2. —(1) In this Act—

ballot paper” has the meaning assigned to it by section 88 ;

bye-election” means an election of a member of the Dáil to fill a vacancy occasioned by a person having ceased to be a member of the Dáil otherwise than in consequence of a dissolution;

certificate of political affiliation” has the meaning assigned to it by section 46 ;

civil servant” and “civil service” have the same meaning, respectively, as in the Civil Service Regulation Act, 1956 as amended by section 17 of the Staff of the Houses of the Oireachtas Act, 1959 ;

covering envelope” has the meaning assigned to it by sections 68 and 81 ;

Dáil” means Dáil Éireann;

Dáil election” means an election of a member or members to serve in the Dáil and includes a bye-election as well as a general election;

Dáil elector” means a person entitled to vote at a Dáil election;

the Defence Forces” has the meaning assigned to it by section 2 of the Defence Act, 1954 ;

election”, except where the context otherwise requires, means a Dáil election;

elector”, except where the context otherwise requires, means a Dáil elector;

European Communities” has the same meaning as in the European Communities Acts, 1972 to 1986;

European election” means an election in the State of members to the European Parliament and “European elector” means a person entitled to vote at such election;

European Parliament” means the Parliament of the European Communities;

excluded day” means a day which is a Sunday, Good Friday or a day which is declared to be a public holiday by the Holidays (Employees) Act, 1973 , or a day which by virtue of a statute or proclamation is a public holiday;

general election” means a general election for members of the Dáil held in accordance with subsection 2° of section 3 of Article 16 of the Constitution;

local electoral area” means the area or any of the areas (as may be appropriate) by reference to which a local election is held;

local election” means an election held pursuant to section 81 of the Electoral Act, 1963 , or a new election within the meaning of Part IV of the Local Government Act, 1941 ;

local government elector” means a person entitled to vote at a local election;

Member State” means, except in section 8 , a Member State of the European Communities;

the Minister” means the Minister for the Environment;

national of a Member State”, except in section 8 , has the meaning assigned to it in the treaties governing the European Communities;

notice of election” has the meaning assigned to it by section 44 ;

notice of poll” has the meaning assigned to it by section 87 ;

the official mark” has the meaning assigned to it by section 89 ;

personation agent” has the meaning assigned to it by section 60 ;

petition” means a petition presented to the High Court under this Act;

postal voter” means a person whose name is entered in the postal voters list;

postal voters ballot box” has the meaning assigned to it by section 69 ;

postal voters list” means the list prepared pursuant to section 14 ;

presidential election” means an election of a person to the office of President of Ireland;

presidential elector” has the meaning assigned to it by section 7 ;

the quota” has the meaning assigned to it by section 120 ;

Seanad” means Seanad Éireann;

special voter” means a person whose name is included in the special voters list;

special voters list” means the list of voters prepared by the registration authority pursuant to section 17 ;

the treaties governing the European Communities” has the same meaning as in the European Communities Acts, 1972 to 1986.

(2) In this Act—

(a) a reference to a Part, section, Schedule or part of a Schedule is to a Part or section of or a Schedule or part of a Schedule to this Act, unless it is indicated that reference to some other enactment is intended;

(b) a reference to a subsection, paragraph, subparagraph or rule is to a subsection, paragraph, subparagraph or rule of the provision (including a Schedule) 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.

Regulations.

3. —(1) The Minister may make regulations prescribing any matter or thing that is referred to in this Act as prescribed.

(2) Every regulation made under this Act (other than regulations made under section 20 ) 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 twenty-one 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 (whether such expenses relate to the exercise by candidates of the right of free postage conferred by section 57 or are otherwise so incurred in relation to a Dáil election) 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 Part I of the First Schedule are hereby repealed, and the regulations mentioned in Part II of the said Schedule are hereby revoked, to the extent specified in the third column of that Schedule.