REFERENDUM ACT 1994
Authorisation to vote at another polling station.
31.—(1) Where an elector is employed by a local returning officer for any purpose in connection with a referendum and the circumstances of the elector's employment are, in the opinion of the local returning officer, such as to prevent the elector from voting at the polling station at which the elector would otherwise be entitled to vote, the elector may, if so authorised in writing by the local returning officer in such form as may be directed by the Minister, vote at such polling station in the constituency in which the elector is so employed as may be specified in the authorisation.
F21[(1A) (a) Where a presidential elector is employed by a local returning officer for any purpose in connection with a referendum and is registered to vote in a constituency, other than one in which the employment occurs, the elector shall, on application being made by him in that behalf, be entitled to have his name entered in F22[…] the postal voters list F22[…]. An application under this section shall be made on a form directed by the Minister, and the local returning officer who is employing the person shall certify on the form that the person will be employed by him on polling day in connection with the referendum and will be unable to vote in person in the constituency at the polling station at which the presidential elector would otherwise be entitled to vote.
(b) Where an application under paragraph (a) is granted, the registration authority shall note the register of electors by placing a mark on the register against the number and name of the elector to denote that the elector's name is on the postal voters list.
F23[(c) Rule 33 (other than paragraph (6) and (7)) and Rule 34(1) and (2) of Part VI of the Second Schedule to the Act of 1992 shall apply to an application to be entered in the postal voters list under paragraph (a) as if references to section 14 and to section 14(a), (b) or (c) were references to section 31(1A)(a).]
F23[(d) Subsection (2) of section 14 of the Act of 1992 shall not apply to an application under this subsection.]]
(2) Where not less than 7 days before polling day at a referendum, an elector whose name is not on the postal voters list or the special voters list, satisfies the local returning officer that the elector is unable, by reason of that elector's physical illness or physical disability, to vote at the polling station at which the elector would otherwise be entitled to vote and the local returning officer is of opinion that it would be more convenient for the elector because of that physical illness or physical disability to vote at another polling station in the same constituency, the elector may, if so authorised in writing by the local returning officer in such form as may be directed by the Minister, vote at such other polling station in the same constituency as may be specified in the authorisation.
Annotations
Amendments:
F21
Inserted (1.11.2001) by Electoral (Amendment) Act 2001 (38/2001), s. 55(e), S.I. No. 497 of 2001.
F22
Deleted (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 117(b)(i), S.I. No. 512 of 2022.
F23
Substituted (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 117(b)(ii), (iii), S.I. No. 512 of 2022.
