Electoral (Amendment) Act 2006

Number 33 of 2006

ELECTORAL (AMENDMENT) ACT 2006

REVISED

Updated to 16 May 2024

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 Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), enacted 9 May 2024, and all statutory instruments up to and including Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (Commencement) (No. 2) Order 2024 (S.I. No. 207 of 2024), made 16 May 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 33 of 2006


ELECTORAL (AMENDMENT) ACT 2006

REVISED

Updated to 16 May 2024



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 16 May 2024


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

Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh Chomhairleoir

23.  (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.

(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh Chomhairleoir

25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

Director general

26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.

(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).

(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Deputy director general

28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.

(2) The person who, immediately before the vesting day, was the deputy chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).

(3) On and after the vesting day, a reference in any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of Sections 10 and 23

Number and Year

(1)

Provision

(2)

Extent of Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14.

PART 2

Enactments for Purposes of Sections 10 and 26

Number and Year

(1)

Short Title

(2)

Provision

(3)

...

...

...

No. 33 of 2006

Electoral (Amendment) Act 2006

The whole Act

...

...

...

C2

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).

C3

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.

Section 1
1

Interpretation.

1.— In this Act—

“Act of 1992” means the Electoral Act 1992;

“constitutional referendum” means a referendum on a proposal for the amendment of the Constitution;

“Minister” means the Minister for the Environment, Heritage and Local Government;

“ordinary referendum” means a referendum on a proposal other than a proposal for the amendment of the Constitution;

F1["prison" means a place to which the Prisons Acts 1826 to 2015 apply;]

“referendum” means a constitutional referendum or an ordinary referendum;

“Regulations of 1995” means the Local Elections Regulations 1995 (S.I. No. 297 of 1995);

“relevant official”, in relation to a prison, means the governor or other person in charge of the prison or any person employed in the prison who is authorised by the said governor or other person in charge to perform any function expressed by this Act, other than this section, to be performable by such an official.

Annotations

Amendments:

F1

Substituted (7.04.2017) by Prisons Act 2015 (57/2015), s. 19, S.I. No. 134 of 2017.

Section 2
2

Entry of names in postal voters list.

2.— (1) The registration authority shall enter in the postal voters list the name of every elector who—

F2[(a) applies, subject to section 14(2) of the Act of 1992, to be so entered,]

(b) satisfies the registration authority that the circumstances of the elector’s detention in prison, pursuant to an order of a court, are such as to render it likely that he or she will be unable to go in person on polling day to vote at the polling place for the polling district, and

(c) satisfies the registration authority that he or she was ordinarily resident in the State prior to his or her detention in prison.

(2) For the purposes of—

(a) determining in which of the postal voters lists (for the various constituencies in the State) his or her name shall be entered, and

(b) otherwise for the purposes of this section (other than subsection (1) (c) ),

a person to whom this section applies shall be deemed to be ordinarily resident in the place where he or she would have been residing but for his or her detention in prison.

Annotations

Amendments:

F2

Substituted (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 111, S.I. No. 512 of 2022.

Section 3
3

Application to be entered in postal voters list.

3.— (1) The following provisions shall apply in relation to an application to be entered in the postal voters list pursuant to section 2 :

(a) the application shall be in the form directed by the Minister;

(b) the application shall be signed by the applicant or, if the applicant is unable to write, he or she shall place his or her mark on the application form and, in either case, the form shall be completed in accordance with the instructions provided thereon;

F3[(c) the application form, duly completed and accompanied by the certificate referred to in subsection (2), shall be handed to the relevant official who shall send it or cause it to be sent to the registration authority, and where polling day has been appointed in respect of a particular election or referendum, or both, shall be sent so as to be received by the authority before the dates specified in section 14(2) of the Act of 1992.]

(2) The certificate referred to in subsection (1) (c) is a certificate, in the form directed by the Minister, under the hand of the relevant official of the prison concerned stating that the applicant is a person who is detained in prison pursuant to an order of a court and the circumstances of the elector’s detention are such as to render it likely that he or she will be unable to go in person on polling day to vote at the polling place for the polling district.

Annotations

Amendments:

F3

Substituted (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 112, S.I. No. 512 of 2022.

Section 4
4

Applicant to provide information or documents.

4.— (1) A person making an application to be entered in the postal voters list pursuant to section 2 shall furnish to the registration authority any information or documents in the applicant’s possession or procurement which the authority may require for the purposes of—

(a) satisfying itself that the applicant is a person to whom section 2 applies, or

(b) determining the place where he or she would have been residing but for his or her detention in prison.

(2) If a registration authority makes a requirement pursuant to subsection (1) , it may specify in the requirement or in a subsequent notice given by it in relation to the requirement the period of time within which the requirement shall be complied with and, if the applicant does not comply within the period so specified, the application referred to in subsection (1) shall be deemed to have been withdrawn.

(3) The period of time (if any) specified in the requirement or notice referred to in subsection (2) shall not be less than 7 days from the day on which the requirement is made or the notice is given, as the case may be.

Section 5
5

Notices and application forms.

5.— (1) F4[The registration authority shall arrange, at least on an annual basis, for the giving of public notice of]

(a) the category of electors entitled to apply to be entered in the postal voters list pursuant to section 2 ,

(b) the manner in which, and the time before which, applications under that section must be submitted, and

(c) the times and places at which application forms for that purpose may be obtained.

(2) The registration authority shall arrange for the provision of application forms referred to in subsection (1) at such times and places as are specified in a notice pursuant to that subsection (and the places so specified shall include every prison situated in the area of the registration authority) and such an application form shall be supplied free of charge to any person who requests such a form.

Annotations

Amendments:

F4

Substituted (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 113, S.I. No. 512 of 2022.

Section 6
6

Consideration of applications.

6.— (1) Where the registration authority is satisfied that a person making an application under section 2 (the “applicant”)—

(a) is an elector to whom section 2 applies,

(b) has duly completed the application form referred to in section 3 , and

(c) has furnished the certificate required under section 3 ,

the registration authority shall—

(i) rule that the application is granted and mark the application form accordingly, and

(ii) notify the applicant of that ruling.

(2) Where the registration authority is not satisfied, as respects the applicant’s application with regard to the matters referred to in subsection (1) (a) , (b) and (c) , the registration authority shall—

(a) rule that the application is refused and mark the application form accordingly, and

(b) notify the applicant of that ruling and of the reason therefor.

(3) Subject to subsection (4) , whenever an application is received by the registration authority after the date specified in section 2 (1) (a) , the application shall be disregarded and the applicant shall be notified accordingly.

(4) An applicant may apply to be entered in the postal voters list in force at the date of coming into operation of this Act and, in this regard, the Minister may by order appoint—

(a) a date to be the latest date for receiving applications under section 2 in lieu of the date specified in paragraph (a) of subsection (1) of that section and section 3 (1) (c) , and

(b) a period within which the notice referred to in section 5 (1) shall be given in lieu of the period specified therein,

and subsection (3) shall be construed accordingly.

(5) The Minister may include in an order under subsection (4) a provision providing that—

(a) applicants who are duly entered in the postal voters list referred to in that subsection (“the first-mentioned list”) following an application in that behalf made before the date appointed by that order shall be deemed also to be so entered in the postal voters list which comes into force immediately following the first-mentioned list ceasing to be in force, or

(b) applicants who have applied for entry in the first-mentioned list before the date appointed by that order and whose applications are granted under this section shall, in lieu of being entered in the first-mentioned list, be duly entered in the postal voters list which comes into force immediately following the first-mentioned list ceasing to be in force.

F5[(6) Where an application to be entered in the postal voters list under section 2 is refused by the registration authority, the applicant may appeal in writing to the county registrar in accordance with Rule 39 of Part VIII of the Second Schedule to the Act of 1992.].

Annotations

Amendments:

F5

Substituted (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 114, S.I. No. 512 of 2022.

Editorial Notes:

E3

Power pursuant to subss. (4), (5)(b) exercised (5.01.2007) by Electoral (Amendment) Act 2006 Registration of Electors (Entry in Postal Voters List) Order 2007 (S.I. No. 1 of 2007).

Section 7
7

Voting by electors under this Act.

7.— (1) The provisions of Part XIII of the Act of 1992 shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors at a Dáil election whose names are entered in the postal voters list pursuant to this Act, subject to the following modifications:

(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in the presence of the relevant official of the prison in which he or she is detained do the following things in the following order:

(i) produce to the relevant official the envelope addressed to the elector pursuant to section 68 of that Act, the ballot paper (in relation to which the relevant official 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 declaration of identity;

(iii) hand the declaration of identity to the relevant official 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 prison 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 hand the last-mentioned envelope to the relevant official who shall send it or cause it to be sent by post to the 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”;

(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 prison”; and

(d) a reference to “sign”, in relation to an elector who is unable to write, shall be construed as a reference to the making by the elector of his or her mark.

(2) The modifications of Part XIII of the Act of 1992 provided for in this section shall have effect in relation to the provisions of the said Part XIII as applied to presidential elections by section 40 of the Presidential Elections Act 1993, and to referendums by section 28 of the Referendum Act 1994.

(3) In this section—

“ballot paper envelope” has the meaning specified in section 68(3) of the Act of 1992;

“covering envelope” has the meaning specified in section 68(3) of the Act of 1992.

Section 8
8

Amendment of Second Schedule to European Parliament Elections Act 1997.

8.— The European Parliament Elections Act 1997 is amended by inserting the following Rule after Rule 29A (inserted by section 69 of the Electoral Act 1997) of the Second Schedule:

“Voting by electors referred to in section 2 of the Electoral (Amendment) Act 2006.

29B.— (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 the Electoral (Amendment) Act 2006, subject to the following modifications:

(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in the presence of the relevant official of the prison in which he or she is detained do the following things in the following order:

(i) produce to the relevant official the envelope addressed to the elector pursuant to Rule 32(3), the ballot paper (in relation to which the relevant official 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 declaration of identity;

(iii) hand the declaration of identity to the relevant official 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 prison 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 hand the last-mentioned envelope to the relevant official who shall send it or cause it to be sent 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’;

(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 prison’; and

(d) a reference to ‘sign’, in relation to an elector who is unable to write, shall be construed as a reference to the making by the elector of his or her mark.

(2) In this Rule—

‘ballot paper envelope’ has the meaning specified in Rule 32(3);

‘covering envelope’ has the meaning specified in Rule 32(3);

‘relevant official’ has the meaning specified in section 1 of the Electoral (Amendment) Act 2006.”.

Section 9
9

Amendment of Regulations of 1995.

9.— The Regulations of 1995 are amended by inserting the following Article after Article 30A (inserted by section 70 of the Electoral Act 1997):

“Voting by electors referred to in section 2 of the Electoral (Amendment) Act 2006.

30B.— (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 the Electoral (Amendment) Act 2006, subject to the following modifications:

(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in the presence of the relevant official of the prison in which he or she is detained do the following things in the following order:

(i) produce to the relevant official the envelope addressed to the elector pursuant to Article 33(3), the ballot paper (in relation to which the relevant official 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 declaration of identity;

(iii) hand the declaration of identity to the relevant official 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 prison 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 hand the last-mentioned envelope to the relevant official who shall send it or cause it to be sent by post to the 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’;

(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 prison’; and

(d) a reference to ‘sign’, in relation to an elector who is unable to write, shall be construed as a reference to the making by the elector of his or her mark.

(2) In this Article—

‘ballot paper envelope’ has the meaning specified in Article 33(3);

‘covering envelope’ has the meaning specified in Article 33(3);

‘relevant official’ has the meaning specified in section 1 of the Electoral (Amendment) Act 2006.”.

Section 10
10

Amendment of section 15A of Act of 1992.

10.— Section 15A of the Act of 1992 (inserted by section 76 of the Electoral Act 1997) is amended—

(a) in subsection (1), by substituting “, in section 63 of the Electoral Act 1997 or in section 2 of the Electoral (Amendment) Act 2006” for “or in section 63 of the Electoral Act, 1997”;

(b) by inserting the following paragraph after paragraph (b) of subsection (2):

“(bb) The provisions of sections 3 , 4 , 5 (other than subsection (1) ) and 6 (other than subsections (3) , (4) , (5) and (6) ) of the Electoral (Amendment) Act 2006 shall apply to an application for entry in the supplement to the postal voters list under this section from an elector referred to in section 2 (but who has not complied with subsection (1) (a) of that section) of that Act as if:

(i) references to ‘postal voters list’ were references to ‘supplement to the postal voters list’;

(ii) references to ‘section 2 ’, other than those which occur in sections 4 (1) (a) and 6 (1) (a) , were references to this section;

(iii) in section 3 (1) (c) , ‘to the registration authority’ were substituted for ‘so as to be received by the registration authority not later than the last date for making claims for corrections in the draft register’; and

(iv) in section 5 (2) , ‘section 3 ’ were substituted for ‘subsection (1) at such times and places as are specified in a notice pursuant to that subsection (and the places so specified shall include every prison situated in the area of the registration authority)’.”.

Section 11
11

Amendment of Rule 1 of Second Schedule to Act of 1992.

11.— (1) The Table to Rule 1(4) of the Second Schedule to the Act of 1992 is amended as respects, and only as respects, the preparation of the register of electors which comes into force immediately following the register in force at the date of coming into operation of this Act, by substituting—

(a) in paragraph 7, “9th December” for “25th November”,

(b) in paragraph 8, “12th December” for “30th November”, and

(c) in paragraph 9, “12th January” for “23rd December”.

(2) In this section “preparation”, in relation to the register of electors, includes any relevant act in relation to the register mentioned in the Table to Rule 1(4) of the Second Schedule to the Act of 1992.

(3) This section shall be deemed to have come into operation on 25 November 2006.

Section 12
12

Amendment of Rule 14A of Second Schedule to Act of 1992.

12.— Rule 14A of the Second Schedule to the Act of 1992 (inserted by section 1 of the Electoral (Amendment) Act 2002) is amended—

(a) in paragraph (1), by substituting “Subject to paragraphs (2) and (2A),” for “Subject to paragraph (2),”, and

(b) by inserting the following paragraphs after paragraph (2):

“(2A) The following provisions shall apply in relation to an application to be entered in the supplement to the register of electors by an elector who is detained in prison pursuant to an order of a court:

(a) the application shall be in the form directed by the Minister;

(b) the application shall be signed by the applicant or, if the applicant is unable to write, he or she shall place his or her mark on the application form and, in either case, the form shall be completed in accordance with the instructions provided thereon;

(c) the application form, duly completed and accompanied by the certificate referred to in paragraph (2B), shall be handed to the relevant official (within the meaning of section 1 of the Electoral (Amendment) Act 2006) who shall send it or cause it to be sent by post to the registration authority.

(2B) The certificate referred to in subparagraph (c) of paragraph (2A) is a certificate, in the form directed by the Minister, under the hand of the relevant official of the prison concerned stating that he or she is satisfied as to the identity of the applicant.”.

Section 13
13

Amendment of section 22 of Seanad Electoral (University Members) Act 1937.

13.— Section 22 of the Seanad Electoral (University Members) Act 1937 is amended by inserting the following subsection after subsection (3):

“(4) In this section—

the word ‘prison’ has the meaning assigned to it in section 1 of the Electoral (Amendment) Act 2006;

the expression ‘relevant official’ has the meaning assigned to it in section 1 of the Electoral (Amendment) Act 2006;

the expression ‘returning by post’ includes, in the case of an elector who is detained in prison pursuant to an order of a court, the return by the relevant official, or by a person acting under the relevant official’s direction, of the documents referred to in subsection (1) on behalf of the elector concerned.”.

Section 14 (I) (II) (I) (II)
14
(I)
(II)
(I)
(II)

Amendment of Seanad Electoral (Panel Members) Act 1947.

14.— The Seanad Electoral (Panel Members) Act 1947 is amended—

(a) in section 2—

(i) by inserting the following definition after that of “prescribed”:

“the word ‘prison’ has the meaning assigned to it in section 1 of the Electoral (Amendment) Act 2006;”,

and

(ii) by inserting the following definition after that of “the register of nominating bodies”:

“the expression ‘relevant official’ has the meaning assigned to it in section 1 of the Electoral (Amendment) Act 2006;”,

(b) in section 51, by inserting the following subsection after subsection (3):

“(4) In this section the expression ‘returning by registered post’ includes, in the case of an elector who is detained in prison pursuant to an order of a court, the return by the relevant official, or by a person acting under the relevant official’s direction, of the documents referred to in subsection (1) on behalf of the elector concerned.”,

(c) in section 73, by inserting the following subsection after subsection (1):

“(2) In this section the expression ‘returning by registered or ordinary post’ includes, in the case of an elector who is detained in prison pursuant to an order of a court, the return by the relevant official, or by a person acting under the relevant official’s direction, of the documents referred to in subsection (1) on behalf of the elector concerned.”,

and

(d) in the First Schedule—

(i) in paragraph (1) of Rule 8—

(I) in subparagraph (b), by substituting “elector,” for “elector.”, and

(II) by inserting the following subparagraph after subparagraph (b):

“(c) where the authorised person referred to in subparagraph (b) is the relevant official, he, on being handed the covering envelope, shall affix thereto in the prescribed manner a label in the prescribed form and, if he is satisfied that it is proper to sign the certificate appearing on the label, shall sign that certificate and send the covering envelope or cause it to be sent by registered post to the Seanad returning officer.”,

(ii) in paragraph (2) of Rule 8—

(I) in subparagraph (f), by substituting “nominate,” for “nominate.”, and

(II) by inserting the following subparagraph after subparagraph (f):

“(g) in case the elector is an elector who is detained in prison pursuant to an order of a court, the relevant official of the prison where he or she is detained.”.

Section 15
15

Alternative voting arrangements under this Act.

15.— (1) Where an elector’s name is entered in the postal voters list pursuant to this Act the elector may give notice in writing to the registration authority—

(a) on or before the second day after the dissolution of the Dáil at a general election, or

(b) on or before the second day after the date of the making of the order appointing polling day at a Dáil bye-election, or a Presidential, European or local election, F6[, a Limerick mayoral election, including a mayoral by election, held in accordance with Part 1 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024, or a plebiscite within the meaning of Part 6 of that Act,] or a referendum,

requesting that his or her name be deleted from the postal voters list and the registration authority shall comply with that request.

(2) Notwithstanding the provisions of subsection (1) , where a request by an elector to have his or her name deleted from the postal voters list is received after the relevant date referred to in paragraph (a) or (b) of that subsection in relation to an election or a referendum but before the relevant date referred to in either paragraph (a) or (b) in relation to another election or referendum, the poll at which is to be held on the same day, the relevant date for the second or subsequent election or referendum shall apply to a request received under either of the said paragraphs in connection with the elections or referendums.

(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.

(4) The relevant official of a prison may re-address an envelope 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, and send it by post to another prison where the elector concerned is detained or, as the case may be, to the returning officer if the elector is no longer detained in any prison.

(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.

Annotations

Amendments:

F6

Inserted (31.03.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 43, S.I. No. 123 of 2024.

Section 16
16

Amendment of section 6 of European Parliament Elections Act 1997.

16.— Section 6 of the European Parliament Elections Act 1997 is amended by inserting the following subsection after subsection (1):

“(1A) It shall be lawful for a member of the Garda Síochána or an official of the registration authority to take and receive a statutory declaration referred to in subsection (1).”.

Section 17
17

Amendment of Articles 83, 84, 89 and 90 of Regulations of 1995.

17.— The Regulations of 1995 are amended—

(a) in Article 83, by substituting the following subarticle for subarticle (8):

“(8) The returning officer shall not transfer the surplus of a candidate deemed to be elected whenever that surplus, together with any other surplus not transferred, is less than both the difference between the quota and the number of votes credited to the highest continuing candidate and the difference between the numbers of the votes credited to the two lowest continuing candidates.”,

(b) in Article 84, by substituting the following subarticle for subarticle (2):

“(2) Where the total of the votes of the two or more lowest candidates together with any surplus not transferred is less than the number of votes credited to the next highest candidate, the returning officer shall in one operation exclude such two or more lowest candidates.”,

(c) in Article 89, by deleting “in the order ascertained in accordance with article 88”, and

(d) in Article 90(3)—

(i) by substituting “transfer of votes and” for “transfer of votes,”, and

(ii) by substituting “place.” for “place, and the order in which the candidates were elected.”.

Section 18
18

Amendment of Presidential Elections Act 1993.

18.— The Presidential Elections Act 1993 is amended—

(a) in section 20, by substituting “3 p.m.” for “12 noon”, and

(b) in section 51(2), by substituting for “operation.” the following:

“operation, provided that—

(a) the number of votes credited to the second lowest candidate is greater than one quarter of the quota, or

(b) where the number of votes credited to any one of such two or more lowest candidates does not exceed one quarter of the quota, it is clear that the exclusion of the candidates separately in accordance with subsection (1) could not result in a number of votes exceeding one quarter of the quota being credited to any such candidate.”.

Section 19
19

List relating to draft register and register in force.

19.— F7[]

Annotations

Amendments:

F7

Repealed (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 4(2), S.I. No. 512 of 2022.

Editorial Notes:

E4

Previous affecting provision: section amended (25.05.2018) by Data Protection Act 2018 (7/2018), s. 205, S.I. No. 174 of 2018; section repealed as per F-note above.

Section 20
20

Short title, collective citation and construction.

20.— (1) This Act may be cited as the Electoral (Amendment) Act 2006.

(2) The Electoral Acts 1992 to 2005 and this Act may be cited together as the Electoral Acts 1992 to 2006 and shall be read together as one.

(3) The European Parliament Elections Acts 1992 to 2004 and this Act (in so far as it relates to European Parliament elections) may be cited together as the European Parliament Elections Acts 1992 to 2006 and shall be read together as one.

(4) The Presidential Elections Acts 1992 to 2004 and this Act (in so far as it relates to presidential elections) may be cited together as the Presidential Elections Acts 1992 to 2006 and shall be read together as one.

(5) The Local Elections Acts 1974 to 2004 and this Act (in so far as it relates to local elections) may be cited together as the Local Elections Acts 1974 to 2006 and shall be read together as one.

(6) The Referendum Acts 1992 to 2004 and this Act (in so far as it relates to referendums) may be cited together as the Referendum Acts 1992 to 2006 and shall be read together as one.

(7) The Seanad Electoral (University Members) Acts 1937 to 2001 and this Act (in so far as it relates to Seanad elections) may be cited together as the Seanad Electoral (University Members) Acts 1937 to 2006 and shall be read together as one.

(8) The Seanad Electoral (Panel Members) Acts 1947 to 2001 and this Act (in so far as it relates to Seanad elections) may be cited together as the Seanad Electoral (Panel Members) Acts 1947 to 2006 and shall be read together as one.


Number 33 of 2006


ELECTORAL (AMENDMENT) ACT 2006

REVISED

Updated to 16 May 2024


About this Revised Act

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Electoral Acts 1992 to 2023: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Electoral (Amendment) Act 2023 (40/2023), s. 7(2)). The Acts in the group are:

Electoral Act 1992 (23/1992)

Electoral (Amendment) Act 1995 (21/1995) (repealed)

Electoral (Amendment) Act 1996 (43/1996)

Electoral Act 1997 (25/1997)

Electoral (Amendment) Act 1998 (4/1998)

Electoral (Amendment) (No. 2) Act 1998 (19/1998) (repealed)

Local Elections (Disclosure of Donations and Expenditure) Act 1999 (7/1999)

Standards in Public Office Act 2001 (31/2001), insofar as it relates to functions of the Standards in Public Office Commission under the Electoral Act 1997 (25/1997)

Electoral (Amendment) Act 2001 (38/2001)

Electoral (Amendment) Act 2002 (4/2002)

Electoral Amendment (No. 2) Act 2002 (23/2002)

Electoral (Amendment) Act 2004 (15/2004)

Electoral (Amendment) Act 2005 (16/2005)

Electoral (Amendment) Act 2006 (33/2006)

Electoral (Amendment) Act 2007 (14/2007)

Electoral (Amendment) Act 2009 (4/2009)

Electoral (Amendment)(No. 2) Act 2009 (9/2009), other than s. 9

Electoral (Amendment) Act 2011 (14/2011)

Electoral (Amendment) Act 2012 (27/2012)

Electoral (Amendment) (Political Funding) Act 2012 (36/2012)

Electoral (Amendment) (Dáil Constituencies) Act 2013 (7/2013)

Electoral, Local Government and Planning and Development Act 2013 (27/2013), except Parts 8 and 9

Local Government Reform Act 2014 (1/2014), ss. 1(6), s. 5(4), Schedule 2, Part 2 and Schedule 4, paras. 17 and 18, in so far as it relates to the Electoral Act 1992

Electoral (Amendment) Act 2014 (8/2014)

Electoral (Amendment) (No. 2) Act 2014 (24/2014)

Electoral (Amendment) Act 2015 (62/2015), ss. 3 and 4

Electoral (Amendment) Act 2016 (5/2016)

Electoral (Amendment) (Dáil Constituencies) Act 2017 (39/2017)

Electoral Reform Act 2022 (30/2022), ss. 6-30, 41-59, 61-69, 72, 77-114, 173

Electoral (Amendment) Act 2023 (40/2023), other than s. 5

European Parliament Elections Acts 1992 to 2023: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Electoral (Amendment) Act 2023 (40/2023), s. 7(3)). The Acts in the group are:

Electoral Act 1992 (23/1992), Parts II, III, IV and XXIII and Second Schedule so far as they relate to European elections and European electors

European Parliament Elections Act 1997 (2/1997)

Electoral Act 1997 (25/1997), insofar as it relates to the European elections

Local Elections (Disclosure of Donations and Expenditure) Act 1999 (7/1999), subs. 1(4) and so much of ss. 2 and 25 as relate to the European Parliament elections

Electoral (Amendment) Act 2001 (38/2001), insofar as it relates to European Parliament elections

Electoral (Amendment) Act 2002 (4/2002), insofar as it relates to European Parliament elections

European Parliament Elections (Amendment) Act 2004 (2/2004)

Electoral (Amendment) Act 2004 (15/2004), insofar as it relates to European Parliament elections

Electoral (Amendment) Act 2006 (33/2006), insofar as it relates to European Parliament elections

Electoral (Amendment) Act 2009 (4/2009), in so far as it relates to European Parliament elections

Electoral, Local Government and Planning and Development Act 2013 (27/2013)

European Parliament Elections (Amendment) Act 2014 (2/2014)

Electoral (Amendment) Act 2014 (8/2014), in so far as it relates to European Parliament elections

Electoral Reform Act 2022 (30/2022), ss. 75, 115, 176

Electoral (Amendment) Act 2023 (40/2023), s. 5

Local Elections Acts 1974 to 2014: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Local Government Reform Act 2014 (1/2014), s. 1(5)). The Acts in the group are:

Local Elections (Petitions and Disqualifications) Act 1974 (8/1974)

Electoral Act 1992 (23/1992), Part II insofar as it relates to local government electors and Part XXIII insofar as it relates to local elections

Local Government Act 1994 (8/1994), Parts II and III (repealed)

Electoral Act 1997 (25/1997), Parts VII and VIII insofar as they relate to local elections

Local Government Act 1998 (16/1998), ss. 9 and 10

Local Elections (Disclosure of Donations and Expenditure) Act 1999 (7/1999), s. 1, other than subs. (4), and so much of s. 25 as relates to the European Parliament elections

Local Government Act 2001 (37/2001), Parts 3 and 4, Part 5 Chapter 3 and s. 243

Electoral (Amendment) Act 2001 (38/2001), insofar as it relates to local elections

Electoral (Amendment) Act 2002 (4/2002), insofar as it relates to local elections

Local Government (No. 2) Act 2003 (17/2003)

Electoral (Amendment) Act 2004 (15/2004), insofar as it relates to local elections.

Electoral (Amendment) Act 2006 (33/2006), insofar as it relates to local elections

Electoral (Amendment) Act 2009 (4/2009), insofar as it relates to local elections

Electoral (Amendment)(No. 2) Act 2009 (9/2009), other than s. 9

Electoral (Amendment) (Political Funding) Act 2012 (36/2012), in so far as it relates to local elections

Local Government Reform Act 2014 (1/2014), ss. 1(5), s. 5(4) and Schedule 2, part 2 in so far as it relates to Local Elections (Petitions and Disqualifications) Act 1974 and Local Elections (Disclosure of Donations and Expenditure) Act 1999

Presidential Elections Acts 1992 to 2006: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Electoral (Amendment) Act 2006 (33/2006), s. 20(4)). The Acts in the group are:

Electoral Act 1992 (23/1992), Part II, insofar as it relates to presidential electors, and Part XXIII, insofar as it relates to presidential elections

Presidential Elections Act 1993 (28/1993)

Electoral Act 1997 (25/1997), Part VI and, insofar as they relate to presidential elections, Parts VII and VIII

Electoral (Amendment) Act 2001 (38/2001), insofar as it relates to presidential elections

Electoral (Amendment) Act 2004 (15/2004), insofar as it relates to presidential elections

Electoral (Amendment) Act 2006 (33/2006), insofar as it relates to presidential elections

Referendum Acts 1992 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Electoral Reform Act 2022 (30/2022), s. 1(4)). The Acts in the group are:

Electoral Act 1992 (23/1992), Parts II and XXIII, insofar as they relate to referenda

Referendum Act 1994 (12/1994)

Referendum Act 1998 (1/1998)

Electoral (Amendment) Act 2001 (38/2001), insofar as it relates to referendums

Referendum Act 2001 (53/2001)

Electoral (Amendment) Act 2004 (15/2004), insofar as it relates to referendums

Electoral (Amendment) Act 2006 (33/2006), insofar as it relates to referendums

Electoral, Local Government and Planning and Development Act 2013 (27/2013), insofar as it relates to referendums

Electoral Reform Act 2022 (30/2022), ss. 31-40, 117, 174

Seanad Electoral (Panel Members) Acts 1947 to 2018: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Companies (Statutory Audits) Act 2018 (22/2018), s. 1(5)). The Acts in the group are:

Seanad Electoral (Panel Members) Act 1947 (42/1947)

Seanad Electoral (Panel Members) Act 1954 (1/1954)

Electoral (Amendment) Act 1972 (4/1972), s. 6

Electoral (Amendment) Act 2001 (38/2001), insofar as it relates to Seanad elections

Electoral (Amendment) Act 2006 (33/2006), insofar as it relates to Seanad elections

Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 44

Court of Appeal Act 2014 (18/2014), s. 40

Electoral (Amendment) Act 2015 (62/2015), s. 2

Companies (Statutory Audits) Act 2018 (22/2018), s. 70

Seanad Electoral (University Members) Acts 1937 to 2015: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Electoral (Amendment) Act 2015 (62/2015), s. 6(2)). The Acts in the group are:

Seanad Electoral (University Members) Act 1937 (30/1937)

Electoral (Amendment) Act 1972 (4/1972), s. 2

Electoral (Amendment) Act 1973 (3/1973), in so much as it amends the Seanad Electoral (University Members) Acts 1937 to 1973

Electoral (Amendment) Act 2001 (38/2001), insofar as it relates to Seanad elections

Electoral (Amendment) Act 2006 (33/2006), insofar as it relates to Seanad elections

Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 34

Communications Regulation (Postal Services) Act 2011 (21/2011), s. 62

Electoral (Amendment) Act 2015 (62/2015), s. 1

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024)

Electoral Reform Act 2022 (30/2022)

Data Protection Act 2018 (7/2018)

Prisons Act 2015 (67/2015)

Electoral (Amendment) Act 2001 (38/2001)

Electoral Act 1992 (23/1992)

Age of Majority Act 1985 (2/1985)

All Acts up to and including Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), enacted 9 May 2024, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Electoral (Amendment) Act 2006 Registration of Electors (Entry in Postal Voters List) Order 2007 (S. I. No. 1 of 2007)

Referendum (Special Difficulty) Order 1992 (S. I. No. 128 of 1992)

All statutory instruments up to and including Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (Commencement) (No. 2) Order 2024 (S.I. No. 207 of 2022), made 14 May 2024, were considered in the preparation of this revision.