Local Government Reform Act 2014

67.

Holding of plebiscite

67. (1) Where a resolution has been adopted by each Dublin local authority inaccordance with section 66(2) , a plebiscite shall be held to decide whether legislation should be brought forward—

(a) to provide for the establishment of an office of directly elected mayor to be chairperson and leader of an authority or other body for the Dublin metropolitan area, and

(b) for such other matters relating to local government in the Dublin area as the Minister considers to be appropriate.

(2) A plebiscite referred to in subsection (1) shall—

(a) be held in conjunction with and at the times duly fixed by the Minister for the 2014 local elections,

(b) put a proposal for a decision of those persons entitled to vote at the 2014 local elections for the Dublin local authorities (in this Part referred to as a “plebiscite”) as to whether an office of directly elected mayor of an authority for the Dublin metropolitan area should be established in accordance with the resolution referred to in section 66(1) , and

(c) be held in accordance with regulations to be made by the Minister providing for the holding of the plebiscite and for other requirements and arrangements that will apply in relation to the plebiscite.

(3) (a) Dublin City Council shall, on its own behalf and on behalf of the other Dublin local authorities, publish and distribute or cause to be published and distributed, not later than 30 days before the polling day in a manner which Dublin City Council considers most likely to bring the proposal to the attention of voters, information for voters in relation to the proposal which is to be put for a decision through the plebiscite, including the details referred to in section 66(1)(c) .

(b) Dublin City Council shall be facilitated by the other Dublin local authorities for the purpose of giving effect to paragraph (a).

(4) Without prejudice to the generality of paragraph (c) of subsection (2), any regulations under that paragraph may, in particular—

(a) specify the form of the ballot paper for the plebiscite, including the wording to be used on the ballot paper for the proposal on whether an office of directly elected mayor of an authority for the Dublin metropolitan area should be established, which wording shall be consistent with the resolution referred to in section 66(1) ,

(b) provide for arrangements and requirements in relation to the information to be published and distributed to voters in accordance with subsection (3),

(c) provide for the appointment, duties, and staff of the returning officer for the plebiscite,

(d) provide for the taking of the poll at the plebiscite and the counting of votes,

(e) provide for the use, free of charge, of schools and public rooms,

(f) provide for arrangements for postal and special voting,

(g) provide for voting by persons in the employment of returning officers,

(h) provide for voting by persons to whom section 68 relates who are physically ill or physically disabled,

(i) provide for the issue of polling information cards,

(j) provide for the maintenance of secrecy of voting,

(k) provide for the removal of persons misconducting themselves in polling stations,

(l) provide for procedures in the event of disorder or obstruction,

(m) provide for procedures in the event of interference with ballot boxes or ballot papers,

(n) provide for provisions corresponding to articles 67, 95 to 101, 105 to 111, 113 to 118, 119 and 122 of the Local Elections Regulations 1995 ( S.I. No. 297 of 1995), with such modifications as appear to the Minister to be appropriate, and

(o) contain such other provisions relating to the holding of polls and the holding of the plebiscite as the Minister considers appropriate.

(5) Where a provision of regulations made under this section corresponds to a provision of the Local Elections Regulations 1995, which declares a matter to be an electoral offence, the regulations so made may provide for a corresponding offence in relation to the plebiscite and lay down a penalty for it which does not exceed the relevant penalty specified in article 117 of the Local Elections Regulations 1995.

(6) Where regulations under this section are proposed to be made, a draft of them shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.