Electoral (Amendment) Act 2006


Number 33 of 2006


ELECTORAL (AMENDMENT) ACT 2006

REVISED

Updated to 25 May 2018


This Revised Act is an administrative consolidation of the Electoral (Amendment) Act 2006. 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 Data Protection Act 2018 (7/2018), enacted 24 May 2018, and all statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, 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 33 of 2006


ELECTORAL (AMENDMENT) ACT 2006

REVISED

Updated to 25 May 2018


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 first passed.

Related legislation

Electoral Acts 1992 to 2017: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Electoral (Amendment) (Dáil Constituencies) Act 2017 (39/2017), s. 7(2)). The Acts in the 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Electoral (Amendment) Act 1995 (21/1995) (repealed)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Electoral (Amendment) (No. 2) Act 1998 (19/1998) (repealed)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)

European Parliament Elections Acts 1992 to 2014: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Electoral (Amendment) Act 2014 (8/2014), s. 3(3)). 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

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

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

Seanad Electoral (Panel Members) Acts 1947 to 2015: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Electoral (Amendment) Act 2015 (62/2015), s. 6(3)). The Acts in the group are:

Seanad Electoral (Panel Members) Act 1947 (42/1947)

Seanad Electoral (Panel Members) Act 1954 (1/1954)

Electoral (Amendment) Act 1972 (4/1972), s. 6

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

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

Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 44

Court of Appeal Act 2014 (18/2014), s. 40

Electoral (Amendment) Act 2015 (62/2015), s. 2

Seanad Electoral (University Members) Acts 1937 to 2015: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Electoral (Amendment) Act 2015 (62/2015), s. 6(2)). The Acts in the group are:

Seanad Electoral (University Members) Act 1937 (30/1937)

Electoral (Amendment) Act 1972 (4/1972), s. 2

Electoral (Amendment) Act 1973 (3/1973), in so much as it amends the Seanad Electoral (University Members) Acts 1937 to 1973

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

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

Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 34

Communications Regulation (Postal Services) Act 2011 (21/2011), s. 62

Electoral (Amendment) Act 2015 (62/2015), s. 1

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

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 1986, 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

Data Protection Act 2018 (7/2018)

Prisons Act 2015 (67/2015)

Electoral (Amendment) Act 2001 (38/2001)

Electoral Act 1992 (23/1992)

Age of Majority Act 1985 (2/1985)

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Electoral (Amendment) Act 2006 Registration of Electors (Entry in Postal Voters List) Order 2007 (S. I. No. 1 of 2007)

Referendum (Special Difficulty) Order 1992 (S. I. No. 128 of 1992)

All statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.


Number 33 of 2006


ELECTORAL (AMENDMENT) ACT 2006

REVISED

Updated to 25 May 2018



Acts Referred to

Data Protection Acts 1988 and 2003

Electoral Act 1992

1992, No. 23

Electoral Act 1997

1997, No. 25

Electoral Acts 1992 to 2005

Electoral (Amendment) Act 2002

2002, No. 4

European Parliament Elections Act 1997

1997, No. 2

European Parliament Elections Acts 1992 to 2004

Local Elections Acts 1974 to 2004

Presidential Elections Act 1993

1993, No. 28

Presidential Elections Acts 1992 to 2004

Prisons Acts 1826 to 1980

Referendum Act 1994

1994, No. 12

Referendum Acts 1992 to 2004

Seanad Electoral (Panel Members) Act 1947

1947, No. 42

Seanad Electoral (Panel Members) Acts 1947 to 2001

Seanad Electoral (University Members) Act 1937

1937, No. 30

Seanad Electoral (University Members) Acts 1937 to 2001


Number 33 of 2006


ELECTORAL (AMENDMENT) ACT 2006

REVISED

Updated to 25 May 2018


AN ACT TO PROVIDE FOR POSTAL VOTING AT ELECTIONS AND REFERENDUMS BY PERSONS WHO ARE IMPRISONED IN THE STATE AND WHO ARE ELIGIBLE TO VOTE AT ELECTIONS AND REFERENDUMS; TO AMEND THE PRESIDENTIAL ELECTIONS ACT 1993, THE EUROPEAN PARLIAMENT ELECTIONS ACT 1997 AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.

[11 th December, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Reference to “elector” under collectively cited Presidential Elections Acts and reference to “presidential elector” under collectively cited Presidential Elections Acts and Referendum Acts construed (11.12.1992) by Electoral Act 1992 (23/1992), s. 7(2) and (3), S.I. No. 386 of 1992, art. 3(b).

Registration of presidential electors.

7. (1) A person shall be entitled to be registered as a presidential elector in a constituency if he has reached the age of eighteen years and if he was, on the qualifying date—

( a) a citizen of Ireland, and

( b) ordinarily resident in that constituency.

(2) For the purposes of—

(i) the Presidential Elections Acts, 1937 to 1992,

(ii) the Referendum Acts, 1942 to 1992, and

(iii) this Act,

presidential elector” means a person entitled to vote at an election of a person to the office of President of Ireland.

(3) In the Presidential Elections Acts, 1937 to 1992elector”, when used alone, means a person described in subsection (1).

C2

Time at which person attains a particular age for the purpose of collectively cited Seanad Electoral (Panel Members) Acts provided (1.03.1985) by Age of Majority Act 1985 (2/1985), s. 4, commenced on enactment.

Time at which person attains a particular age.

4. (1) Subject to subsection (3), the time at which a person attains a particular age expressed in years shall, for the purposes of any rule of law or of any statutory provision, deed, will or other instrument, be the commencement of the relevant anniversary of the date of his birth.

(2) Subsection (1) applies only where the relevant anniversary falls on a date after that on which this Act comes into operation, and, in relation to any statutory provision, deed, will or other instrument, has effect subject to any provision therein.

(3) ( a) The date on which a person attains the age of eighteen years shall, for the purposes of any statutory provision to which this subsection applies, be calculated in the same manner as it is calculated for the purpose of determining whether a person has the right to vote at an election for members of Dáil Éireann.

( b) This subsection applies to—

(i) the Electoral Acts, 1923 to 1983,

(ii) the Presidential Elections Acts, 1937 to 1973,

(iii) the Seanad Electoral (University Members) Acts, 1937 to 1973,

(iv) the Referendum Acts, 1942 to 1984,

(v) the Local Elections Acts, 1963 to 1974, and

(vi) the European Assembly Elections Acts, 1977 and 1984.

Editorial Notes:

E1

Previous affecting provision: ministerial power to make adaptations or modifications to collectively cited Acts granted (1.11.2001) by Electoral (Amendment) Act 2001 (38/2001), s. 48(1) and (3), S.I. No. 497 of 2001; repealed (19.05.2004) by Electoral (Amendment) Act 2004 (15/2004), s. 3, S.I. No. 215 of 2004.

E2

Previous affecting provision: provisions of collectively cited Referendum Acts adapted and modified (22.05.1992) by Referendum (Special Difficulty) Order 1992 (S.I. No. 128 of 1992), arts. (3) and (4), for purposes of Eleventh Amendment of the Constitution Bill 1992.