Electoral (Amendment) Act 2004

Number 15 of 2004

ELECTORAL (AMENDMENT) ACT 2004

REVISED

Updated to 31 March 2024

This Revised Act is an administrative consolidation of the Electoral (Amendment) Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Road Traffic Act 2024 (10/2024), enacted 17 April 2024, and all statutory instruments up to and including the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (Commencement) Order 2024 (S.I. No. 123 of 2024), made 28 March 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 15 of 2004

ELECTORAL (AMENDMENT) ACT 2004

REVISED

Updated to 31 March 2024

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section
1.	Short title, collective citations, construction and commencement.
2.	Offences relating to voting system equipment.
3.	Repeal.

PART 2

Vote Recording and Electronic Vote Counting

4.	Interpretation.
5.	Use of voting machines and electronic vote counting.
6.	Application of certain provisions of relevant enactments.
7.	Modification of relevant enactments in their application for purposes of Act.
8.	Preparation of voting machines.
9.	Opening of poll.
10.	Procedure for voting.
11.	Duties of presiding officer at close of poll.
12.	Counting of postal and special voter ballot papers under this Part.
13.	Preliminary proceedings and time for counting of votes.
14.	Further application of certain provisions of relevant enactments.
15.	Election petitions.
16.	Modification of Local Elections (Petitions and Disqualifications) Act 1974 in its application for purposes of Act.

PART 3

Commission on Electronic Voting

17.	Commission on Electronic Voting.
18.	Independence of Commission.
19.	Membership.
20.	Provisions in relation to members.
21.	Functions of Commission.
22.	Presentation of reports of Commission.
23.	Commission to invite and consider submissions.
24.	Staff and assistance.
25.	Expenses.
26.	Procedure of Commission.
27.	Prohibition on disclosure of information and absolute privilege of certain matters.
28.	Prohibition of certain communications.
29.	Indemnification of Commission and certain other persons.

PART 4

Miscellaneous

30.	Provision of detailed poll information.
31.	Amendment of section 88 of Electoral Act 1992.
32.	Amendment of Electoral (Amendment) Act 2001.
33.	Amendment of Schedule to Electoral Act 1997.
34.	Amendment of section 161 of Local Government Act 2001.
35.	Unlawful possession of polling information card.

SCHEDULE 1

Modification of Certain Provisions of Act of 1997

SCHEDULE 2

Modification of Certain Provisions of Regulations of 1995

SCHEDULE 3

Modification of Certain Provisions of Act of 1994

SCHEDULE 4

Modification of Certain Provisions of Act of 1993

SCHEDULE 5

Commission on Electronic Voting — Text of Terms of Reference.

Acts Referred to
Electoral Act 1992	1992, No. 23
Electoral (Amendment) Act 1996	1996, No. 43
Electoral (Amendment) Act 2001	2001, No.38
Electoral Act 1997	1997, No. 25
Electoral Acts 1992 to 2002
European Communities Act 1972	1972, No. 27
European Parliament Elections Act 1997	1997, No. 2
European Parliament Elections Acts 1992 to 2004
Houses of the Oireachtas Commission Act 2003	2003, No. 28
Insurance Acts 1909 to 2000
Local Elections (Petitions and Disqualifications) Act 1974	1974, No. 8
Local Government Act 2001	2001, No. 57
Local Government (No. 2) Act 2003	2003, No. 17
Local Government Acts 1925 to 2003
Local Elections Acts 1974 to 2002
Presidential Elections Act 1993	1993, No. 28
Presidential Elections Acts 1992 to 2001
Referendum Act 1994	1994, No. 12
Referendum Acts 1992 to 2001

Number 15 of 2004

ELECTORAL (AMENDMENT) ACT 2004

REVISED

Updated to 31 March 2024

AN ACT TO AMEND AND EXTEND THE ELECTORAL ACTS 1992 TO 2002, THE EUROPEAN PARLIAMENT ELECTIONS ACTS 1992 TO 2004, THE PRESIDENTIAL ELECTIONS ACTS 1992 TO 2001, THE LOCAL GOVERNMENT ACTS 1925 TO 2003, THE LOCAL ELECTIONS ACTS 1974 TO 2002 AND THE REFERENDUM ACTS 1992 TO 2001 AND TO PROVIDE FOR RELATED MATTERS.

[18th May, 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Revised Acts

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Electoral (Amendment) Act 2004