Electoral (Amendment) Act 2004

SCHEDULE 4

Modification of certain provisions of Act of 1993

For the purposes of the application by virtue of this Act to voting and the counting of votes at a presidential election of certain provisions of the Act of 1993, the said provisions as so applied shall have effect as if—

(a) a reference in any such provision to a ballot paper or ballot papers, other than in the case of postal voting and voting by special voters, were a reference, where appropriate, to a ballot paper displayed on a voting machine;

(b) a reference in any such provision to mark or marking in relation to a ballot paper, other than in the case of postal voting and voting by special voters, were a reference to pressing the designated space on a ballot paper displayed on a voting machine;

(c) a reference in any such provision to a ballot box or ballot boxes, other than in the case of postal voting and voting by special voters, were a reference to a voting machine or voting machines;

(d) a reference in any section of the Act of 1993 to that Act included, where appropriate, a reference to this Act;

(e) in section 10(4) of that Act there were inserted “postal voters” before “ballot boxes” and there were inserted “, read in the cartridges or discs” after “ballot boxes” in paragraphs (a) and (b);

(f) in section 34 of that Act—

(i) there were inserted “and the entering of votes on postal and special voter ballot papers on a voting machine” after “postal ballot boxes” in subsection 2(b);

(ii) in subsection (7) there were substituted “poll is closed in accordance with section 11 of the Electoral (Amendment) Act 2004 ” for “ballot boxes have been sealed by the presiding officer pursuant to section 110 of the Act of 1992 (as applied by section 44)”;

(iii) in subsection (8) there were inserted “and the entry of postal ballot papers on the voting machine” after “postal ballot boxes”;

(g) in section 37 of that Act—

(i) there were inserted in subsection (2)(aa) (inserted by section 52(d) of the Act of 2001) after “for that purpose” “and the purposes of the Electoral (Amendment) Act 2004 ”; and

(ii) there were inserted “postal voter” before “ballot papers” in subsections (2)(d) and (2)(e);

(h) in section 38 of that Act there were inserted “postal voter and special voter” before “ballot paper” in subsection (1);

(i) in section 53 of that Act, the reference to ballot papers in paragraphs (b) and (c) were a reference to votes;

(j) in section 54 of that Act—

(i) in subsection (1), there were inserted “postal voter” before “ballot papers” in paragraphs (a), (b) and (c) and there were substituted the following for paragraph (d)—

“(d) the cartridges or discs containing votes and election database,”;

(ii) in subsection (2) there were substituted the following for paragraph (b)—

“(b) the statement referred to in section 13(3) of the Electoral (Amendment) Act 2004, and”;

(iii) there were inserted in subsection (4) “and the deletion of the votes in the cartridges or discs” after “destroyed”;

(k) in section 55 of that Act, there were inserted “and the documents referred to in paragraphs (a) and (b) of section 12(9) of the Electoral (Amendment) Act 2004 ” after “section 54(1)” in paragraph (d) of subsection (2); and

(l) in section 60 of that Act, there were inserted “and the entry of postal votes on a voting machine” after “ballot boxes” in paragraph (c).