Electoral (Amendment) Act 2006

Number 33 of 2006

ELECTORAL (AMENDMENT) ACT 2006

REVISED

Updated to 13 October 2022

This Revised Act is an administrative consolidation of the Electoral (Amendment) Act 2006. 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 Higher Education Authority Act 2022 (31/2022), enacted 12 October 2022, and all statutory instruments up to and including Electoral Reform Act 2022 (Commencement) Order 2022 (S.I. No. 512 of 2022), made 13 October 2022, 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 33 of 2006


ELECTORAL (AMENDMENT) ACT 2006

REVISED

Updated to 13 October 2022



Acts Referred to

Data Protection Acts 1988 and 2003

Electoral Act 1992

1992, No. 23

Electoral Act 1997

1997, No. 25

Electoral Acts 1992 to 2005

Electoral (Amendment) Act 2002

2002, No. 4

European Parliament Elections Act 1997

1997, No. 2

European Parliament Elections Acts 1992 to 2004

Local Elections Acts 1974 to 2004

Presidential Elections Act 1993

1993, No. 28

Presidential Elections Acts 1992 to 2004

Prisons Acts 1826 to 1980

Referendum Act 1994

1994, No. 12

Referendum Acts 1992 to 2004

Seanad Electoral (Panel Members) Act 1947

1947, No. 42

Seanad Electoral (Panel Members) Acts 1947 to 2001

Seanad Electoral (University Members) Act 1937

1937, No. 30

Seanad Electoral (University Members) Acts 1937 to 2001


Number 33 of 2006


ELECTORAL (AMENDMENT) ACT 2006

REVISED

Updated to 13 October 2022


AN ACT TO PROVIDE FOR POSTAL VOTING AT ELECTIONS AND REFERENDUMS BY PERSONS WHO ARE IMPRISONED IN THE STATE AND WHO ARE ELIGIBLE TO VOTE AT ELECTIONS AND REFERENDUMS; TO AMEND THE PRESIDENTIAL ELECTIONS ACT 1993, THE EUROPEAN PARLIAMENT ELECTIONS ACT 1997 AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.

[11th December, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Reference to “elector” under collectively cited Presidential Elections Acts and reference to “presidential elector” under collectively cited Presidential Elections Acts and Referendum Acts construed (11.12.1992) by Electoral Act 1992 (23/1992), s. 7(2) and (3), S.I. No. 386 of 1992, art. 3(b).

Registration of presidential electors.

7.(1) A person shall be entitled to be registered as a presidential elector in a constituency if he has reached the age of eighteen years and if he was, on the qualifying date—

(a) a citizen of Ireland, and

(b) ordinarily resident in that constituency.

(2) For the purposes of—

(i) the Presidential Elections Acts, 1937 to 1992,

(ii) the Referendum Acts, 1942 to 1992, and

(iii) this Act,

presidential elector” means a person entitled to vote at an election of a person to the office of President of Ireland.

(3) In the Presidential Elections Acts, 1937 to 1992elector”, when used alone, means a person described in subsection (1).

C2

Time at which person attains a particular age for the purpose of collectively cited Seanad Electoral (Panel Members) Acts provided (1.03.1985) by Age of Majority Act 1985 (2/1985), s. 4, commenced on enactment.

Time at which person attains a particular age.

4.(1) Subject to subsection (3), the time at which a person attains a particular age expressed in years shall, for the purposes of any rule of law or of any statutory provision, deed, will or other instrument, be the commencement of the relevant anniversary of the date of his birth.

(2) Subsection (1) applies only where the relevant anniversary falls on a date after that on which this Act comes into operation, and, in relation to any statutory provision, deed, will or other instrument, has effect subject to any provision therein.

(3) (a) The date on which a person attains the age of eighteen years shall, for the purposes of any statutory provision to which this subsection applies, be calculated in the same manner as it is calculated for the purpose of determining whether a person has the right to vote at an election for members of Dáil Éireann.

(b) This subsection applies to—

(i) the Electoral Acts, 1923 to 1983,

(ii) the Presidential Elections Acts, 1937 to 1973,

(iii) the Seanad Electoral (University Members) Acts, 1937 to 1973,

(iv) the Referendum Acts, 1942 to 1984,

(v) the Local Elections Acts, 1963 to 1974, and

(vi) the European Assembly Elections Acts, 1977 and 1984.

Editorial Notes:

E1

Previous affecting provision: ministerial power to make adaptations or modifications to collectively cited Acts granted (1.11.2001) by Electoral (Amendment) Act 2001 (38/2001), s. 48(1) and (3), S.I. No. 497 of 2001; repealed (19.05.2004) by Electoral (Amendment) Act 2004 (15/2004), s. 3, S.I. No. 215 of 2004.

E2

Previous affecting provision: provisions of collectively cited Referendum Acts adapted and modified (22.05.1992) by Referendum (Special Difficulty) Order 1992 (S.I. No. 128 of 1992), arts. (3) and (4), for purposes of Eleventh Amendment of the Constitution Bill 1992.