Electoral (Amendment) Act 2009


Number 4 of 2009


ELECTORAL (AMENDMENT) ACT 2009

REVISED

Updated to 7 April 2017


This Revised Act is an administrative consolidation of Electoral (Amendment) Act 2009. It is prepared by the Law Reform Commission in accordance with its function under 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 Knowledge Development Box (Certification of Inventions) Act 2017 (6/2017), enacted 12 April 2017, and all statutory instruments up to and including European Union Habitats (Blackwater Bank Special Area of Conservation 002953) Regulations 2017 (S.I. No. 149 of 2017), made 7 April 2017, 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 4 of 2009


ELECTORAL (AMENDMENT) ACT 2009

REVISED

Updated to 7 April 2017


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 2016 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Electoral (Amendment) Act 2016 (5/2016), s. 2(2)). The Acts in this group are:

Electoral Act 1992 (23/1992)

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Electoral (Amendment) (No. 2) Act 1998 (19/1998) (repealed)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), in so far as it relates to functions of the 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), other than Parts 8 and 9

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

Electoral (Amendment) Act 2014 (8/2014)

Electoral (Amendment) Act 2015 (62/2015)

Electoral (Amendment) Act 2016 (5/2016)

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 this group are:

Electoral Act 1992 (23/1992), Parts II, III, IV and XXIII of and Sch. 2, 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 European elections and the European Parliament Elections Acts, 1992 to 1997

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

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

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

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

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

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

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 this group are:

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

Electoral Act 1992 (23/1992), so much of Act as relates to local elections

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

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), other than s. 1(4) and so much of s. 25 as relates to the European Parliament elections

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

Electoral (Amendment) Act 2001 (38/2001), in so far as it relates to local elections

Electoral (Amendment) Act 2002 (4/2002), in so far as it relates to local elections

Local Government (No. 2) Act 2003 (17/2003), in so far as it relates to local elections

Electoral (Amendment) Act 2004 (15/2004), in so far as it relates to local elections

Electoral (Amendment) Act 2006 (33/2006), in so far as it relates to local elections

Electoral (Amendment) Act 2009 (4/2009), in so far 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), s. 1(5), s. 5(4) and sch. 2 part 2, in so far as it relates to the Local Elections (Petitions and Disqualifications) Act 1974 and the Local Elections (Disclosure of Donations and Expenditure) Act 1999

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 1996, 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

Local Government Reform Act 2014 (1/2014)

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

All Acts up to and including Knowledge Development Box (Certification of Inventions) Act 2017 (6/2017), enacted 12 April 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• None

All statutory instruments up to and including European Union Habitats (Blackwater Bank Special Area of Conservation 002953) Regulations 2017 (S.I. No. 149 of 2017), made 7 April 2017, were considered in the preparation of this revision.


Number 4 of 2009


ELECTORAL (AMENDMENT) ACT 2009

REVISED

Updated to 7 April 2017



Acts Referred to

Civil Service Regulation Acts 1956 to 2005

Electoral (Amendment) Act 2005

2005, No. 16

Electoral Act 1997

1997, No. 25

Electoral Acts 1992 to 2007

European Parliament Elections Act 1997

1997, No. 2

European Parliament Elections Acts 1992 to 2006

Local Elections (Disclosure of Donations and Expenditure) Act 1999

1999, No. 7

Local Elections Acts 1974 to 2006

Statutory Declarations Act 1938

1938, No. 37

Succession Act 1965

1965, No. 27


Number 4 of 2009


ELECTORAL (AMENDMENT) ACT 2009

REVISED

Updated to 7 April 2017


AN ACT TO REVISE DÁIL AND EUROPEAN PARLIAMENT CONSTITUENCIES, TO PROVIDE FOR THE NUMBER OF MEMBERS TO BE ELECTED FOR SUCH CONSTITUENCIES, TO AMEND THE LAW RELATING TO THE CONSTITUENCY COMMISSION, AND FOR THOSE AND OTHER PURPOSES TO AMEND THE EUROPEAN PARLIAMENT ELECTIONS ACT 1997 AND CERTAIN OTHER ENACTMENTS, TO AMEND AND GIVE STATUTORY EFFECT TO THE LOCAL ELECTIONS REGULATIONS 1995 AND TO PROVIDE FOR RELATED MATTERS.

[24 th February, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Electoral Acts 1923 to 1990, Electoral Acts 1992 to 2013, European Parliament Elections Acts 1977 to 1993 and European Parliament Elections Acts 1992 to 2013 restricted (1.07.2014) by Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014 (6/2014), s. 2(6)(a), (b), S.I. No. 210 of 2014.

Payment of Parliamentary Activities Allowance to parliamentary leaders of qualifying parties and to independent members

2.

...

(6) An allowance paid under this section shall not be used for, or to recoup, election or poll expenses incurred for the purposes of any election or poll held under—

(a) the Electoral Acts 1923 to 1990 or the Electoral Acts 1992 to 2013,

(b) the European Parliament Elections Acts 1977 to 1993 or the European Parliament Elections Acts 1992 to 2013,

...