Electoral (Amendment) Act 2004


Number 15 of 2004


ELECTORAL (AMENDMENT) ACT 2004

REVISED

Updated to 8 July 2020


This Revised Act is an administrative consolidation of the Electoral (Amendment) Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Microenterprise Loan Fund (Amendment) Act 2020 (3/2020), enacted 10 July 2020, and all statutory instruments up to and including the Health Act 1947 (Section 31A - Temporary Requirements) (Covid-19 Passenger Locator Form) (Amendment) (No. 2) Regulations 2020 (S.I. No. 243 of 2020), made 8 July 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 15 of 2004


ELECTORAL (AMENDMENT) ACT 2004

REVISED

Updated to 8 July 2020


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Electoral Acts 1992 to 2019 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( European Parliament Elections (Amendment) Act 2019 (7/2019), s. 9(3)). The Acts in this group are:

Electoral Act 1992 (23/1992)

Electoral (Amendment) Act 1995 (21/1995) (repealed)

Electoral (Amendment) Act 1996 (43/1996)

Electoral Act 1997 (25/1997)

Electoral (Amendment) Act 1998 (4/1998)

Electoral (Amendment) (No. 2) Act 1998 (19/1998) (repealed)

Local Elections (Disclosure of Donations and Expenditure) Act 1999 (7/1999)

Standards in Public Office Act 2001 (31/2001), insofar as it relates to functions of the Standards in Public Office Commission under the Electoral Act 1997 (25/1997)

Electoral (Amendment) Act 2001 (38/2001)

Electoral (Amendment) Act 2002 (4/2002)

Electoral Amendment (No. 2) Act 2002 (23/2002)

Electoral (Amendment) Act 2004 (15/2004)

Electoral (Amendment) Act 2005 (16/2005)

Electoral (Amendment) Act 2006 (33/2006)

Electoral (Amendment) Act 2007 (14/2007)

Electoral (Amendment) Act 2009 (4/2009)

Electoral (Amendment)(No. 2) Act 2009 (9/2009), other than s. 9

Electoral (Amendment) Act 2011 (14/2011)

Electoral (Amendment) Act 2012 (27/2012)

Electoral (Amendment) (Political Funding) Act 2012 (36/2012)

Electoral (Amendment) (Dáil Constituencies) Act 2013 (7/2013)

Electoral, Local Government and Planning and Development Act 2013 (27/2013), except Parts 8 and 9

Local Government Reform Act 2014 (1/2014), ss. 1(6), s. 5(4), Schedule 2, Part 2 and Schedule 4, paras. 17 and 18, in so far as it relates to the Electoral Act 1992

Electoral (Amendment) Act 2014 (8/2014)

Electoral (Amendment) (No. 2) Act 2014 (24/2014)

Electoral (Amendment) Act 2015 (62/2015), ss. 3 and 4

Electoral (Amendment) Act 2016 (5/2016)

Electoral (Amendment) (Dáil Constituencies) Act 2017 (39/2017)

Companies (Statutory Audits) Act 2018 (22/2018), ss. 71 and 73

European Parliament Elections (Amendment) Act 2019 (7/2019), s. 8

European Parliament Elections Acts 1992 to 2019 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( European Parliament Elections (Amendment) Act 2019 (7/2019), s. 9(2)). The Acts in the group are:

Electoral Act 1992 (23/1992), Parts II, III, IV and XXIII and Second Schedule so far as they relate to European elections and European electors

European Parliament Elections Act 1997 (2/1997)

Electoral Act 1997 (25/1997), insofar as it relates to the European elections

Local Elections (Disclosure of Donations and Expenditure) Act 1999 (7/1999), subs. 1(4) and so much of ss. 2 and 25 as relate to the European Parliament elections

Electoral (Amendment) Act 2001 (38/2001), insofar as it relates to European Parliament elections

Electoral (Amendment) Act 2002 (4/2002), insofar as it relates to European Parliament elections

European Parliament Elections (Amendment) Act 2004 (2/2004)

Electoral (Amendment) Act 2004 (15/2004), insofar as it relates to European Parliament elections

Electoral (Amendment) Act 2006 (33/2006), insofar as it relates to European Parliament elections

Electoral (Amendment) Act 2009 (4/2009), in so far as it relates to European Parliament elections

Electoral, Local Government and Planning and Development Act 2013 (27/2013)

European Parliament Elections (Amendment) Act 2014 (2/2014)

Electoral (Amendment) Act 2014 (8/2014), in so far as it relates to European Parliament elections

European Parliament Elections (Amendment) Act 2019 (7/2019), other than s. 8

Local Elections Acts 1974 to 2014 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government Reform Act 2014 (1/2014), s. 1(5)). The Acts in the group are:

Local Elections (Petitions and Disqualifications) Act 1974 (8/1974)

Electoral Act 1992 (23/1992), Part II insofar as it relates to local government electors and Part XXIII insofar as it relates to local elections

Local Government Act 1994 (8/1994), Parts II and III (repealed)

Electoral Act 1997 (25/1997), Parts VII and VIII insofar as they relate to local elections

Local Government Act 1998 (16/1998), ss. 9 and 10

Local Elections (Disclosure of Donations and Expenditure) Act 1999 (7/1999), s. 1, other than subs. (4), and so much of s. 25 as relates to the European Parliament elections

Local Government Act 2001 (37/2001), Parts 3 and 4, Part 5 Chapter 3 and s. 243

Electoral (Amendment) Act 2001 (38/2001), insofar as it relates to local elections

Electoral (Amendment) Act 2002 (4/2002), insofar as it relates to local elections

Local Government (No. 2) Act 2003 (17/2003)

Electoral (Amendment) Act 2004 (15/2004), insofar as it relates to local elections

Electoral (Amendment) Act 2006 (33/2006), insofar as it relates to local elections

Electoral (Amendment) Act 2009 (4/2009), insofar as it relates to local elections

Electoral (Amendment)(No. 2) Act 2009 (9/2009), other than s. 9

Electoral (Amendment) (Political Funding) Act 2012 (36/2012), in so far as it relates to local elections

Local Government Reform Act 2014 (1/2014), ss. 1(5), s. 5(4) and Schedule 2, part 2 in so far as it relates to Local Elections (Petitions and Disqualifications) Act 1974 and Local Elections (Disclosure of Donations and Expenditure) Act 1999

Local Government Acts 1925 to 2019 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government Rates and other Matters Act 2019 (24/2019), s. 28(2)). The Acts in the group are:

Local Government Act 1925 (5/1925)

Local Government Act 1927 (3/1927)

Local Government Act 1941 (23/1941)

Local Government Act 1946 (24/1946)

Local Government Act 1955 (9/1955)

Local Government (No. 2) Act 1960 (40/1960)

Local Government (Buncrana) Act 1968 (2/1968)

Local Government (Rateability of Rents) (Abolition) Act 1971 (15/1971), in so far as it amends the Local Government Acts 1925 to 1968

Local Government (Financial Provisions) Act 1978 (35/1978)

Local Government (Financial Provisions) Act 1983 (10/1983)

Local Government (Financial Provisions) (No. 2) Act 1983 (21/1983)

Local Government (Reorganisation) Act 1985 (7/1985)

Local Government Act 1991 (11/1991)

Local Government Act 1994 (8/1994)

Local Government (Financial Provisions) Act 1997 (29/1997)

Local Government Act 1998 (16/1998)

Local Government (Financial Provisions) Act 2000 (6/2000)

Local Government Act 2001 (37/2001), other than ss. 163, 164 and 211 and Parts 23 and 24

Local Government Act 2003 (8/2003)

Local Government (No.2) Act 2003 (17/2003)

Electoral (Amendment) Act 2004 (15/2004), s. 34

Local Government (Business Improvement Districts) Act 2006 (42/2006), ss. 2 to 7

Water Services Act 2007 (30/2007), ss. 1(7), 13 and 115

Copyright and Related Rights (Amendment) Act 2007 (39/2007), Part 3

Local Government (Miscellaneous Provisions) Act 2012 (17/2012), Part 4

Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 9

Local Government Reform Act 2014 (1/2014), other than ss. 1(3)-(8), 5(3)-(5) and sch. 2

Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 57

Planning and Development (Housing) and Residential Tenancies Act 2016 (16/2016), ss. 1(2)(c) and 52

Local Government Act 2019 (1/2019)

Local Government Rates and Other Matters Act 2019 (24/2019), other than ss. 23-26

Acts previously included in the group but now repealed are:

Local Government (Amendment) Act 1930 (26/1930)

Local Government Act 1931 (19/1931)

Local Government Act 1933 (5/1933)

Local Government (Amendment) Act 1934 (5/1934)

Local Government (Amendment) (No. 2) Act 1934 (44/1934)

Local Government Act 1936 (46/1936)

Local Government (Amendment) Act 1939 (9/1939)

Local Government Act 1953 (12/1953)

Local Government Act 1958 (9/1958)

Local Government Act 1959 (10/1959)

Local Government Act 1960 (23/1960)

Local Government (Roads and Motorways) Act 1974 (6/1974)

Local Government (Toll Roads) Act 1979(34/1979)

Local Government Act 2000 (25/2000)

Presidential Elections Acts 1992 to 2006 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Electoral (Amendment) Act 2006 (33/2006), s. 20(4)). The Acts in the group are:

Electoral Act 1992 (23/1992), Part II, insofar as it relates to presidential electors, and Part XXIII, insofar as it relates to presidential elections

Presidential Elections Act 1993 (28/1993)

Electoral Act 1997 (25/1997), Part VI and, insofar as they relate to presidential elections, Parts VII and VIII

Electoral (Amendment) Act 2001 (38/2001), insofar as it relates to presidential elections

Electoral (Amendment) Act 2004 (15/2004), insofar as it relates to presidential elections

Electoral (Amendment) Act 2006 (33/2006), insofar as it relates to presidential elections

Referendum Acts 1992 to 2013 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 1(4)). The Acts in the group are:

Electoral Act 1992 (23/1992), Parts II and XXIII, insofar as they relate to referenda

Referendum Act 1994 (12/1994)

Referendum Act 1998 (1/1998)

Electoral (Amendment) Act 2001 (38/2001), insofar as it relates to referendums

Referendum Act 2001 (53/2001)

Electoral (Amendment) Act 2004 (15/2004), insofar as it relates to referendums

Electoral (Amendment) Act 2006 (33/2006), insofar as it relates to referendums

Electoral, Local Government and Planning and Development Act 2013 (27/2013), insofar as it relates to referendums

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Houses of the Oireachtas Commission (Amendment) Act 2009 (44/2009)

All Acts up to and including Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Electoral (Amendment) Act 2001 Part 3 Order 2002 (Revocation) Order 2007 (S.I. No. 192 of 2007)

Electoral (Amendment) Act 2004 (Commencement) Order 2005 (S.I. No. 76 of 2005)

Electoral (Amendment) Act 2001 - Part 3 Order 2002 (Revocation) Order 2005 (S.I. No. 75 of 2005)

Electoral (Amendment) Act 2004 (Commencement) Order 2004 (S.I. No. 215 of 2004)

All statutory instruments up to and including Health Act 1947 (Section 31A - Temporary Requirements) (Covid-19 Passenger Locator Form) (Amendment) (No. 2) Regulations 2020 (S.I. No. 243 of 2020), made 8 July 2020, were considered in the preparation of this revision.


Number 15 of 2004


ELECTORAL (AMENDMENT) ACT 2004

REVISED

Updated to 8 July 2020


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title, collective citations, construction and commencement.

2.

Offences relating to voting system equipment.

3.

Repeal.

PART 2

Vote Recording and Electronic Vote Counting

4.

Interpretation.

5.

Use of voting machines and electronic vote counting.

6.

Application of certain provisions of relevant enactments.

7.

Modification of relevant enactments in their application for purposes of Act.

8.

Preparation of voting machines.

9.

Opening of poll.

10.

Procedure for voting.

11.

Duties of presiding officer at close of poll.

12.

Counting of postal and special voter ballot papers under this Part.

13.

Preliminary proceedings and time for counting of votes.

14.

Further application of certain provisions of relevant enactments.

15.

Election petitions.

16.

Modification of Local Elections (Petitions and Disqualifications) Act 1974 in its application for purposes of Act.

PART 3

Commission on Electronic Voting

17.

Commission on Electronic Voting.

18.

Independence of Commission.

19.

Membership.

20.

Provisions in relation to members.

21.

Functions of Commission.

22.

Presentation of reports of Commission.

23.

Commission to invite and consider submissions.

24.

Staff and assistance.

25.

Expenses.

26.

Procedure of Commission.

27.

Prohibition on disclosure of information and absolute privilege of certain matters.

28.

Prohibition of certain communications.

29.

Indemnification of Commission and certain other persons.

PART 4

Miscellaneous

30.

Provision of detailed poll information.

31.

Amendment of section 88 of Electoral Act 1992.

32.

Amendment of Electoral (Amendment) Act 2001.

33.

Amendment of Schedule to Electoral Act 1997.

34.

Amendment of section 161 of Local Government Act 2001.

35.

Unlawful possession of polling information card.

SCHEDULE 1

Modification of Certain Provisions of Act of 1997

SCHEDULE 2

Modification of Certain Provisions of Regulations of 1995

SCHEDULE 3

Modification of Certain Provisions of Act of 1994

SCHEDULE 4

Modification of Certain Provisions of Act of 1993

SCHEDULE 5

Commission on Electronic Voting — Text of Terms of Reference.


Acts Referred to

Electoral Act 1992

1992, No. 23

Electoral (Amendment) Act 1996

1996, No. 43

Electoral (Amendment) Act 2001

2001, No.38

Electoral Act 1997

1997, No. 25

Electoral Acts 1992 to 2002

European Communities Act 1972

1972, No. 27

European Parliament Elections Act 1997

1997, No. 2

European Parliament Elections Acts 1992 to 2004

Houses of the Oireachtas Commission Act 2003

2003, No. 28

Insurance Acts 1909 to 2000

Local Elections (Petitions and Disqualifications) Act 1974

1974, No. 8

Local Government Act 2001

2001, No. 57

Local Government (No. 2) Act 2003

2003, No. 17

Local Government Acts 1925 to 2003

Local Elections Acts 1974 to 2002

Presidential Elections Act 1993

1993, No. 28

Presidential Elections Acts 1992 to 2001

Referendum Act 1994

1994, No. 12

Referendum Acts 1992 to 2001


Number 15 of 2004


ELECTORAL (AMENDMENT) ACT 2004


AN ACT TO AMEND AND EXTEND THE ELECTORAL ACTS 1992 TO 2002, THE EUROPEAN PARLIAMENT ELECTIONS ACTS 1992 TO 2004, THE PRESIDENTIAL ELECTIONS ACTS 1992 TO 2001, THE LOCAL GOVERNMENT ACTS 1925 TO 2003, THE LOCAL ELECTIONS ACTS 1974 TO 2002 AND THE REFERENDUM ACTS 1992 TO 2001 AND TO PROVIDE FOR RELATED MATTERS.

[18 th May, 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: