REFERENDUM ACT 1994
Grounds for referendum petition.
43.—(1) A referendum petition may question a provisional referendum certificate on the grounds that the result of the referendum as a whole was affected materially by—
(a) the commission of an offence referred to in Part XXII of the Act of 1992 (as applied by section 6),
(b) obstruction of or interference with or other hindrance to the conduct of the referendum,
(c) failure to complete or otherwise conduct the referendum in accordance with this Act, or
(d) mistake or other irregularity in the conduct of the referendum or in the particulars stated in the provisional referendum certificate.
(2) Notwithstanding any other provision of this Act, a referendum petition shall not be dismissed on account of any informality in its contents which does not materially affect its substance.
F24[(3) A provisional referendum certificate shall not be questioned by reason of non-compliance by An Coimisiún Toghcháin with any provision of Chapter 5 of Part 2 of the Electoral Reform Act 2022 or mistake made by An Coimisiún Toghcháin if it appears to the High Court that An Coimisiún Toghcháin complied with the principles laid down in that Act and that such non-compliance or mistake did not materially affect the result of the referendum.]
Annotations
Amendments:
F24
Substituted (9.02.2023) by Electoral Reform Act 2022 (30/2022), s. 38, S.I. No. 32 of 2023.
Editorial Notes:
E17
Previous affecting provision: subs. (3) inserted (26.02.1998) by Referendum Act 1998 (1/1998), s. 12, commenced on enactment; substituted (9.02.2023) as per F-note above.
