European Parliament Elections Act 1997
Right to vote.
72. (1) For the purposes of section 8—
(a) a person’s name shall be taken to be on a register of European electors if the register includes a name which in the opinion of the local returning officer or presiding officer was intended to be the person’s name;
(b) (i) the local returning officer or the presiding officer may of the officer’s own volition, or if so required by a personation agent present in the polling station, request any person at the time of applying for a ballot paper, but not afterwards, to produce a specified document and, if the person fails to produce such a document, or if the local returning officer or the presiding officer is not satisfied that the person is the person to whom the document relates, such person shall not be permitted to vote;
(ii) for the purposes of this paragraph “specified document” means such document as may be specified in regulations made by the Minister under section 111(2) of the Act of 1992 and in force for the time being;
(c) the local returning officer or presiding officer may, and if so required by a personation agent present in the polling station shall, put to any person when that person applies for a ballot paper, but not afterwards, the following questions, or any one or more of them:
(i) Are you the same person as the person whose name appears as AB on the register of European electors now in force for the constituency of ....?
(ii) Have you already voted at this election?
F97[(iii) Have you reached the age of eighteen years?]
(iv) Are you either or both of the following:
(A) a citizen of Ireland,
(B) a national of a Member State of the European Communities other than Ireland?
and unless such of those questions as are put to the person are answered, in the case of the first, third and fourth of those questions, in the affirmative and, in the case of the second of them, in the negative, the person shall not be permitted to vote;
(d) the local returning officer or presiding officer may, and if so required by a personation agent present in the polling station shall, administer to any person when that person applies for a ballot paper, but not afterwards, an oath or (in the case of any person who objects to taking an oath on the ground that the person has no religious belief or that the taking of an oath is contrary to that person’s religious belief) an affirmation in the following form:
“I swear by Almighty God (or — do solemnly, sincerely and truly declare and affirm — as the case may be) that I am the same person as the person whose name appears as AB on the register of European electors now in force for the constituency of …. and that I have not already voted at this election, and that I F97[have attained the age of eighteen years]. (date of coming into force of the register) and that I am a citizen of Ireland (or — a national of a Member State of the European Communities other than Ireland — or — both a citizen of Ireland and a national of a Member State of the European Communities other than Ireland — as the case may be)”;
and if such person refuses to take the oath or make the affirmation the person shall not be permitted to vote.
(2) Save as is provided by this rule and rule 64, no request to a voter to produce a document shall be made, and no question, oath, affirmation or objection shall be put or permitted at the time of the poll at a European election as to the right of any person to vote, and no objection thereto shall be made or received by any local returning officer or presiding officer.
(3) Nothing in this rule shall be construed as entitling any person to vote who is not entitled to do so, or as relieving such person from any penalties to which that person may be liable for voting.
Annotations
Amendments:
F97
Substituted (1.11.2001) by Electoral (Amendment) Act 2001 (38/2001), s. 51(o)(a), (b), S.I. No. 497 of 2001.
