European Parliament Elections Act 1997

F77[Voting by electors referred to in section 63 of the Electoral Act, 1997.

29A. (1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to section 63 of the Electoral Act, 1997, subject to the following modifications:

(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in a Garda Síochána station in the presence of a member of the Garda Síochána do the following things in the following order—

(i) produce to the member of the Garda Síochána the envelope addressed to the elector pursuant to Rule 32(3), the ballot paper (in relation to which the member of the Garda Síochána shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister;

(ii) complete and sign the said declaration of identity;

(iii) hand the declaration of identity to the member of the Garda Síochána who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the Garda Síochána station and destroy the envelope addressed to the elector;

(iv) mark, in secret, the ballot paper;

(v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope; (vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope; and shall send the last-mentioned envelope by post to the local returning officer;

(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope; and shall send the last-mentioned envelope by post to the local returning officer;

(b) a reference to “receipt”, in relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”; and

(c) a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed and stamped with the stamp of the Garda Síochána station”.

(2) In this Rule “ballot paper envelope” and “covering envelope” shall have the meanings specified in Rule 32(3).]

Annotations

Amendments:

F77

Inserted (11.06.1997) by Electoral Act 1997 (25/1997), s. 69, S.I. No. 245 of 1997.

Modifications (not altering text):

C14

Certain persons designated as “postal voter” for purposes of rule (11.12.2006) by Electoral (Amendment) Act 2006 (33/2006), s. 15(5), commenced on enactment.

Alternative voting arrangements under this Act.

15. — …

(3) Where—

(a) an elector’s name is entered in the postal voters list pursuant to this Act and the elector is discharged from the prison in which he or she has been detained before polling day at an election or a referendum in circumstances where the elector has not given notice in accordance with subsection (1), and

(b) the envelope in respect of the elector containing a ballot paper and the other documents referred to in section 68 of the Act of 1992, Rule 32 of the Second Schedule to the European Parliament Elections Act 1997 or Article 33 of the Regulations of 1995, as the case may be, is returned before that polling day by the relevant official of the prison as a ballot paper and documents that have not been delivered to a person whose name has been entered in the postal voters list pursuant to this Act,

then the returning officer may re-address the envelope and send it by post to the elector concerned at his or her address.

…

(5) In a case to which subsection (3) applies, the elector concerned shall be deemed to be a postal voter for the purposes of Part VII of the Electoral Act 1997, and section 68 of that Act, Rule 29A of the Second Schedule to the European Parliament Elections Act 1997 or Article 30A of the Regulations of 1995, as the case may be, shall accordingly apply to voting by the elector.