First Previous (PART XXII Electoral Offences) Next (FIRST SCHEDULE Enactments Repealed and Regulations Revoked)

23 1992

ELECTORAL ACT, 1992

PART XXIII

Miscellaneous

Secrecy.

161. —A person who is—

(a) present at the issue of ballot papers to postal voters, or

(b) present while a special voter is voting, or

(c) present at the opening of postal ballot boxes, or

(d) admitted to a polling station in any capacity, or

(e) present in any capacity at the counting of the votes,

shall maintain and aid in maintaining the secrecy of the ballot.

Prohibition of disclosure of vote.

162. —A person who has voted at a Dáil election shall not in any legal proceedings be required to state how or for whom he voted.

Publication of notices.

163. —Any public notice required by this Act to be given by a returning officer, registration authority or county registrar may be given by any method which the returning officer, registration authority or county registrar thinks necessary or desirable for the purpose of bringing to the attention of the public the matter so required to be notified.

Adaptation or modification where there is emergency or special difficulty.

164. —(1) The Minister may, in any case in which it appears to him that there is an emergency or special difficulty, by order make such adaptation or modification of any statute, order or regulation relating to the registration of Dáil electors, presidential electors, Seanad electors, European electors or local government electors or the conduct of Dáil elections, presidential elections, Seanad elections, European elections, local elections or referenda, as may in his opinion be necessary to enable such registration to be duly carried out or such election or referendum to be duly held, subject to compliance with the principles laid down in the relevant Acts taken as a whole.

(2) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House within the next twenty-one days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(3) In this section—

(a) “Seanad electors” has the same meaning as in the Seanad Electoral (University Members) Act, 1937 ,

(b) “Seanad elections” has the same meaning as in the Seanad Electoral (University Members) Act, 1937 , and in the Seanad Electoral (Panel Members) Act, 1947 ,

(c) “referenda” has the same meaning as in the Referendum Act, 1942 ,

(d) “the relevant Acts” means—

(i) in the case of the registration of presidential electors, Dáil electors, European electors and local government electors, this Act, and in the case of the registration of Seanad electors, the Seanad Electoral (University Members) Act, 1937 ,

(ii) in the case of the conduct of elections or a referendum, as the context may require, this Act, the Presidential Elections Acts, 1937 to 1992, the Seanad Electoral (University Members) Acts, 1937 to 1973, the Seanad Electoral (Panel Members) Acts, 1947 to 1972, the European Assembly Elections Acts, 1977 to 1992, the Local Elections Acts, 1963 to 1992, and the Referendum Acts, 1942 to 1992.

Special provisions where two or more elections have same polling day.

165. —(1) This section applies to the following polls:

(a) the poll at an election of a person to the office of President of Ireland;

(b) the poll at a Dáil election within the meaning of this Act;

(c) the poll at an election of representatives to the European Parliament under the European Assembly Elections Acts, 1977 to 1992;

(d) the poll at an election of members of Údarás na Gaeltachta under the Údarás na Gaeltachta Act, 1979;

(e) the poll at a referendum within the meaning of the Referendum Acts, 1942 to 1992;

(f) the poll at a local election.

(2) Where two or more polls to which this section applies are to be taken on the same day, the following provisions shall, notwithstanding any other enactment, have effect:

(a) the polls shall be taken at the same time, at the same places and in the same manner,

(b) the same official mark shall be used for the ballot papers at each poll,

(c) the ballot papers at each poll shall be of a different colour (for this purpose white being deemed to be a colour),

(d) the same or different ballot boxes may be provided,

(e) if separate ballot boxes are provided, a ballot paper shall not be invalid by reason only of its being put into the wrong ballot box,

(f) an authorisation by a returning officer to a person to vote at one poll at a polling station other than the one allocated to him may authorise the person to vote at that station at the other poll or polls, in the case of a Dáil election, presidential election or referendum in the same constituency or, in the case of a European election, in the same county or county borough or, in the case of a local election, in the same local electoral area.

(3) A candidate other than a candidate referred to in subsection (4) who would be entitled to exercise the right to free postage pursuant to section 57 or otherwise in relation to more than one poll may send a combined postal communication and include therein material in relation to each such poll.

(4) Where candidates of the same political party would be entitled to exercise the right to free postage under section 57 or otherwise in relation to more than one poll, a combined postal communication may be sent by or on behalf of such candidates and may include material in relation to each such poll.

(5) Subsections (3) and (4) shall not be construed as conferring on any candidate a right to free postage additional to the rights conferred by section 57 , section 34 of the Presidential Elections Act, 1937 and Rule 18 of the First Schedule to the European Assembly Elections Act, 1977 .

(6) The Minister may, by direction, order or regulation, provide for such matters as he considers necessary to give effect to this section.

(7) Any direction, order or regulation given or made under subsection (6) shall have effect notwithstanding anything contained in any other enactment and, in particular and without prejudice to the generality of the said subsection (6), may—

(a) define the powers and duties of returning officers and of any other persons employed in connection with the polls,

(b) make such modifications in the Acts, orders or regulations governing the taking of the polls or the arrangements for the counting of the votes as appear to the Minister to be necessary to enable the polls to be taken together or to facilitate or expedite the completion and ascertainment of the results of the elections,

(c) make provisions in relation to the form and transmission of polling information cards.

(8) The Minister for Finance may for the purposes of this section prepare a scale of maximum charges and indicate—

(a) the time when, and the manner and form in which, accounts are to be rendered to him,

(b) the manner in which the expenses of taking the polls concerned shall be apportioned between whichever of the following would, but for this provision, meet the costs of the polls concerned, that is to say, the Central Fund, the local authority or local authorities (within the meaning of Part VI of the Electoral Act, 1963 ) concerned and the Minister for the Gaeltacht.

Amendment of Seanad Electoral (University Members) Act, 1937.

166. —The Seanad Electoral (University Members) Act, 1937 is hereby amended by—

(a) the substitution of the following section for section 25:

“Application of Electoral Act, 1992.

25.—(1) Sections 57 , 134 , 135 , 136 , 138 , 139 , 140 , 144 , 145 , 149 , 151 , 152 , 153 , 154 , 155 , 156 , 157 , 160 and 163 of the Electoral Act, 1992 shall apply to elections in university constituencies and for that purpose, in the said sections of that Act—

(a) every reference to ‘Dáil election’ and ‘election’ shall be construed and have effect as a reference to an election in a university constituency;

(b) every reference to the ‘register of Dáil electors’ shall be construed and have effect as a reference to the register of electors in respect of a university constituency;

(c) every reference to ‘Dáil elector’ and ‘elector’ shall be construed and have effect as a reference to an elector in a university constituency;

(d) every reference to ‘constituency’ shall be construed and have effect as a reference to a university constituency;

(e) the reference in sections 139 and 151 to a period of time shall be construed and have effect as a reference to the period commencing on the date of the order appointing dates and times at a Seanad election and ending at the close of the poll at such election.

(2) In addition and without prejudice to the provisions of the foregoing subsection of this section, every statutory provision for the time being in force relating to bribery, personation or other offences at elections of members of Dáil Éireann shall apply to elections in university constituencies as if these elections were elections of members of Dáil Éireann.”; and

(b) the insertion of “for the time being in force” after “enactments” in subsection (1) of section 26.

Amendment of Presidential Elections Act, 1937.

167. —The Presidential Elections Act, 1937 is hereby amended by—

(a) the insertion of the following section after section 23:

“Voting by persons in the employment of local returning officers at presidential election.

23A.—Where a presidential elector for a constituency is employed by a local returning officer for any purpose in connection with a presidential election and the circumstances of that elector's employment are, in the opinion of the local returning officer, such as to prevent him from voting at the polling station at which that presidential elector would otherwise be entitled to vote, the local returning officer may authorise such presidential elector, by an authorisation given in such form as may be directed by the Minister, to vote at any other polling station in the constituency.”;

(b) the substitution of the following section for section 32:

“Application of Electoral Act, 1992.

32.—(1) Sections 105 , 134 , 135 , 136 , 138 , 139 , 140 , 144 , 145 , 146 , 147 , 148 , 151 , 152 , 153 , 154 , 156 , 157 , 158 , 159 , 160 and 163 of the Electoral Act, 1992 shall apply and have effect in relation to presidential elections.

(2) For the purpose of the application of the said sections of the said Act to presidential elections in pursuance of the foregoing subsection—

(a) the expressions ‘election’ and ‘Dáil election’ wherever they occur in the said sections of the said Act shall be construed and have effect as including a presidential election;

(b) the word ‘candidate’, wherever it similarly occurs, shall be construed and have effect as including a candidate at a presidential election;

(c) the expression ‘register of Dáil electors’, wherever it similarly occurs, shall be construed and have effect as meaning the register of presidential electors and any reference to ‘Dáil elector’ or ‘elector’ shall be construed and have effect as a reference to a presidential elector;

(d) in section 134 of the said Act the reference to section 102 shall be construed as a reference to Rule 19 of the First Schedule to this Act and the reference to section 68 shall be construed as a reference to section 29 of this Act;

(e) in section 138 of the said Act the reference to ‘certificate of political affiliation’ shall be disregarded and the reference to ‘authorisation under section 99 ’ shall be construed and have effect as a reference to an authorisation under section 23A of the Presidential Elections Act, 1937 (inserted by section 167 of the Electoral Act, 1992), and the reference to ‘authorisation under section 100 ’ shall be construed and have effect as a reference to an authorisation under section 14 of the Electoral (Amendment) (No. 2) Act, 1986 ;

(f) in sections 138 and 140 of the said Act the expression ‘returning officer’ shall be construed and have effect as including the presidential returning officer;

(g) the reference in sections 139 and 151 of the said Act to a period of time shall be construed and have effect as a reference to the period commencing on the date of the order appointing dates and ending at the close of the poll;

(h) the reference in sections 159 and 163 of the said Act to ‘this Act’ shall be construed and have effect as a reference to the Presidential Elections Acts, 1937 to 1992.”; and

(c) the substitution of the following subsection for subsection (1) of section 34:

“(1) Each candidate at a presidential election shall, subject to such conditions as may be specified under section 74 of the Postal and Telecommunications Services Act, 1983 , be entitled to send, free of any charge for postage, to each person on the register of presidential electors or to any combination of such persons, one postal communication containing matter relating to the election only and not exceeding 50 grammes in weight.”.

Amendment of Referendum Act, 1942.

168. —The Referendum Act, 1942 is hereby amended by—

(a) the substitution for “section 22 of the Prevention of ElectoralAbuses Act, 1923” of “ section 60 (3) of the Electoral Act, 1992” in subsection (7) (b) of section 17;

(b) the substitution of the following section for section 29:

“Application of Electoral Act, 1992.

29.—(1) Sections 105 , 134 , 135 , 136 , 138 , 139 , 140 , 145 , 146 , 147 , 152 , 153 , 154 , 156 , 157 , 158 and 160 of the Electoral Act, 1992 shall apply and have effect in relation to every referendum.

(2) For the purpose of the application of the said sections of the Electoral Act, 1992 to a referendum in pursuance of the foregoing subsection—

(a) the expressions ‘election’ and ‘Dáil election’ wherever they are used in the said sections of the said Act shall be construed and have effect as including a referendum;

(b) the expression ‘register of Dáil electors’ wherever it is used in the said sections of the said Act shall be construed and have effect as meaning the register of presidential electors and any reference to ‘Dáil elector’ or ‘elector’ shall be construed and have effect as a reference to a presidential elector;

(c) references in the said sections of the said Act to ‘candidates’, ‘election of any person’ and ‘voting for a particular person’ shall be disregarded;

(d) in section 134 of the said Act the reference to section 102 shall be construed and have effect as a reference to Rule 20 of the First Schedule to this Act and the reference to section 68 shall be construed and have effect as a reference to section 20 of this Act;

(e) in section 138 of the said Act, the references to ‘nomination paper’ and ‘certificate of political affiliation’ shall be disregarded and the reference to ‘authorisation under section 99 ’ shall be construed and have effect as a reference to a certificate under section 66 of the Electoral Act, 1963 and the reference to ‘authorisation under section 100 ’ shall be construed and have effect as a reference to an authorisation under section 14 of the Electoral (Amendment) (No. 2) Act, 1986 ;

(f) the reference in section 139 of the said Act to a period of time shall be construed and have effect as a reference to the period commencing on the date of the order appointing the polling day at the referendum and ending at the close of the poll at such referendum;

(g) in section 140 of the said Act the expression ‘returning officer’ shall be construed and have effect as including the referendum returning officer;

(h) in section 156 of the said Act the words ‘the decision of such court’ shall be construed as meaning the final order of the High Court on the trial of a referendum petition.”;

(c) the substitution of the following definition for the definition of the expression “corrupt practice” in section 33:

“the expression ‘corrupt practice’ means—

(a) the offence of personation within the meaning of section 134 of the Electoral Act, 1992 or aiding, abetting, counselling or procuring the commission of the said offence,

(b) the offence of bribery within the meaning of section 135 of the said Act, or

(c) the offence of undue influence within the meaning of section 136 of the said Act.”; and

(d) the insertion of the following section after section 34:

“Leave to present petition.

34A.—(1) Notwithstanding the other provisions of this Part, a referendum petition in relation to the provisional referendum certificatereferred to in section 30 shall not be presented to the High Court unless that court, on application made to it in that behalf by or on behalf of the person proposing to present it, not later than 10 days after the publication in the Iris Oifigiúil of the certificate, by order grants leave to the person to do so.

(2) The High Court shall not grant leave under subsection (1) of this section to present a referendum petition unless it is satisfied—

(i) that there is prima facie evidence of a matter referred to in section 34 (2) of this Act in relation to which the petition concerned questions the provisional referendum certificate, and

(ii) that the said matter is such as to affect materially the result of the referendum aforesaid as a whole.”.

Amendment of Seanad Electoral (Panel Members) Act, 1947.

169. —The Seanad Electoral (Panel Members) Act, 1947 is hereby amended by the insertion of “for the time being in force” after “enactments” in both subsection (1) of section 54 and subsection (1) of section 75.

Amendment of Electoral Act, 1963.

170. —(1) The Electoral Act, 1963 is hereby amended by—

(a) the substitution of the following subsection for both subsection (2) of section 44 and subsection (2) of section 64:

“(2) A polling card shall be addressed to the elector at the address in respect of which he is registered in the register of presidential electors and shall be delivered at that address not later than the third day before the polling day.”;

(b) the substitution of the following subsection for both subsection (3) of section 44 and subsection (3) of section 64:

“(3) Where a polling card is dispatched by post it shall be transmitted without prepayment of the charges therefor by the earliest practicable post.”; and

(c) the substitution of the following subsections for subsections (3) and (4) of section 82:

“(3) The provisions referred to in the foregoing subsections are the provisions of sections 60 , 105 , 134 , 135 , 136 , 137 , 138 , 139 , 140 , 141 , 142 , 143 , 144 , 145 , 146 , 147 , 148 , 149 , 150 , 151 , 152 , 153 , 154 , 156 , 157 , 158 , 159 , 160 and 163 of the Electoral Act, 1992.

(4) Where a provision of regulations under this section corresponds to a provision of the Electoral Act, 1992 for which a penalty is provided for in section 157 of the said Act, it may itself provide for a penalty not exceeding that provided for in the provision to which it corresponds.”.

(2) Regulations made under section 82 of the Electoral Act, 1963 and in force at the commencement of this section shall continue in force and shall have effect as if they were made under the said section 82 as amended by this Act.

Construction of references in European Assembly Elections Acts, 1977 to 1992.

171. —In the European Assembly Elections Acts, 1977 to 1992—

(a) every reference to “the Assembly” shall be construed as a reference to the European Parliament,

(b) every reference to “Assembly election” shall be construed as a reference to European election,

(c) every reference to “Assembly elector” shall be construed as a reference to European elector.

Amendment of European Assembly Elections Act, 1977.

172. —The European Assembly Elections Act, 1977 is hereby amended by—

(a) the substitution of the following subsection for subsection (2) of section 12:

“(2) The Minister shall, not later than the first day of December, 1993 and at least once in every ten years thereafter, submit to the Oireachtas proposals for a review of the constituencies for which candidates shall be elected under this Act to be representatives in the Parliament.”;

(b) the substitution of the following paragraph for paragraph (1) of Rule 18 of the First Schedule:

“(1) Subject to paragraph (3) of this Rule, each candidate at a European election shall, subject to such conditions as may be specified under section 74 of the Postal and Telecommunications Services Act, 1983 , be entitled to send, free of any charge for postage, to each person on the register of European electors for the constituency or to any combination of such persons, one postal communication containing matter relating to the election only and not exceeding 50 grammes in weight.”;

(c) the substitution of the following paragraphs for paragraphs (2) and (3) of Rule 28 of the First Schedule:

“(2) A polling card shall be addressed to the European elector at the address in respect of which he is registered in the register of European electors and shall be delivered at that address not later than the third day before the polling day.

(3) Where a polling card is dispatched by post it shall be transmitted without prepayment of the charges therefor by the earliest practicable post.”;

(d) the insertion of the following Rule after Rule 58 of the First Schedule:

“Endorsing of ballot paper by returning officer.

58A.—The returning officer may endorse on any paper which he does not reject as invalid an indication of his decision on it without, however, interfering with any mark placed by the elector on the ballot paper.”; and

(e) the insertion of the following Rule after Rule 83 of the First Schedule:

“Obstruction of or interference with electors.

83A.—(1) A person shall not interfere with or obstruct or impede an elector going to or coming from or in the vicinity of or in a polling station.

(2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, including a poll which has been adjourned under Rule 43, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 100 metres of such station, for the purpose of promoting the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates or for any contrary purpose, do any or all of the following things:

(a) loiter or congregate with other persons;

(b) attempt to induce, by any means whatsoever, an elector to vote for a candidate or candidates or vote in a particular way or refrain from voting,

(c) display or distribute any notice, sign or poster (other than a notice, sign or poster displayed by the local returning officer) or card, circular or other document relating to the election; or

(d) use or cause to be used any loud-speaker or other public address mechanism to broadcast matter relating to the election.

(3) For the purpose of this Rule, a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate and the distance referred to in paragraph (2) shall be measured from any entrance to the polling station or to the curtilage thereof.

(4) A person who contravenes paragraph (1) or (2) shall be guilty of an offence.”.

Amendment of Postal and Telecommunications Services Act, 1983.

173. —The Postal and Telecommunications Services Act, 1983 is hereby amended by—

(a) the insertion of the following paragraph after paragraph (g) of subsection (3) of section 63:

“(h) the sending, conveyance and delivery otherwise than by post of any document, following consultation with the Minister for the Environment, by a returning officer at a Dáil, European or local election, in the performance of his functions under the Electoral Act, 1992, the European Assembly Elections Acts, 1977 to 1992, and the Local Elections Acts, 1963 to 1992, and by a local returning officer at a presidential election, a European election or a referendum in the performance of his functions under the Presidential Elections Acts, 1937 to 1992, the European Assembly Elections Acts, 1977 to 1992 or the Referendum Acts, 1942 to 1992 where the returning officer or local returning officer, as the case may be, is of the opinion that An Post is not in a position to provide the required services.”; and

(b) the substitution of the following subsection for subsection (4) of the said section 63:

“(4) Nothing in paragraphs (b) to (h) of subsection (3) shall be taken as authorising any person to make a collection of postal packets for the purpose of their being sent, conveyed or delivered in accordance with that subsection.”; and

(c) the substitution of the following subsection for subsection (1) of section 74:

“(1) the company may, with the consent of the Minister, after consultation with the Minister for the Environment and, where appropriate, the Minister for Defence, make schemes for regulating the conditions under which free postage is to be provided under—

(a) section 57 of the Electoral Act, 1992,

(b) section 25 of the Seanad Electoral (University Members) Act, 1937 (substituted by section 166 of the Electoral Act, 1992),

(c) section 34 of the Presidential Elections Act, 1937 , as amended by section 167 of the Electoral Act, 1992,

(d) Rule 18 of Part I of the First Schedule to the European Assembly Elections Act, 1977 as amended by section 172 of the Electoral Act, 1992.”.

Amendment of Local Elections Regulations, 1965.

174. —The Local Elections Regulations, 1965 (S.I. No. 128 of 1965) are hereby amended by—

(a) the insertion of the following article after article 32:

“Use of Dáil ballot boxes etc.

32A. Any ballot boxes, fittings for polling stations and compartments provided for Dáil elections in a Dáil constituency in which a local electoral area is wholly or partly situated may be used for any local election in such local electoral area; and any damage, other than reasonable wear and tear, caused to any such ballot boxes, fittings and compartments by such user at a local election shall be paid as part of the expenses of the election.”;

(b) the substitution of the following paragraph for paragraph (5) of article 35:

“(5) A polling card shall be addressed to the elector at the address in respect of which he is registered in the register of local government electors and shall be delivered at that address not later than the third day before the polling day.”;

(c) the insertion of the following article after article 64:

“Endorsing of ballot paper by returning officer.

64A.—The returning officer may endorse on any ballot paper which he does not reject as invalid an indication of his decision on it without, however, interfering with any mark placed by the elector on the ballot paper.”; and

(d) the insertion of the following article after article 99:

“Obstruction of or interference with electors.

99A.—(1) A person shall not interfere with or obstruct or impede an elector going to or coming from or in the vicinity of or in a polling station.

(2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, including a poll which has been adjourned under Article 50, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 100 metres of such station, for the purpose of promoting the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates or for any contrary purpose, do any or all of the following things:

(a) loiter or congregate with other persons;

(b) attempt to induce, by any means whatsoever, an elector to vote for a candidate or candidates or vote in a particular way or refrain from voting;

(c) display or distribute any notice, sign or poster (other than a notice, sign or poster displayed by the returning officer) or card, circular or other document relating to the election; or

(d) use or cause to be used any loud-speaker or other public address mechanism to broadcast matter relating to the election.

(3) For the purpose of this article a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate and the distance referred to in subarticle (2) shall be measured from any entrance to the polling station or to the curtilage thereof.

(4) A person who contravenes subarticle (1) or (2) shall be guilty of an offence and shall be liable on conviction to the penalties specified in section 157 of the Electoral Act, 1992.”.