Electoral (Amendment) Act 2009
Number 4 of 2009
ELECTORAL (AMENDMENT) ACT 2009
REVISED
Updated to 9 January 2023
This Revised Act is an administrative consolidation of Electoral (Amendment) Act 2009. It is prepared by the Law Reform Commission in accordance with its function under 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 Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, and all statutory instruments up to and including Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, 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 4 of 2009
ELECTORAL (AMENDMENT) ACT 2009
REVISED
Updated to 9 January 2023
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title, collective citations and construction.
Dáil Constituencies and Number of Members
3. Number of members of Dáil Éireann. (Repealed)
4. Constituencies. (Repealed)
5. Number of members to be returned for constituency. (Repealed)
European Parliament Constituencies and Number of Members
7. Amendment of section 15 of European Parliament Elections Act 1997.
8. Substitution of Third Schedule to European Parliament Elections Act 1997.
Constituency Commission
9. Substitution of Part II of Electoral Act 1997.
European Parliament Elections
10. Substitution of sections 12 and 13 of European Parliament Elections Act 1997.
11. Substitution of rules 2 to 5 of Second Schedule to European Parliament Elections Act 1997.
12. Substitution of rule 13 of Second Schedule to European Parliament Elections Act 1997.
13. Amendment of rules 17 and 88 of Second Schedule to European Parliament Elections Act 1997.
14. Amendment of Schedule to Electoral Act 1997.
Local Elections
15. Substitution of articles 11 to 20 of Local Elections Regulations.
16. Amendment of article 83 of Local Elections Regulations.
17. Amendment of article 84 of Local Elections Regulations.
18. Amendment of article 86 of Local Elections Regulations.
19. Amendment of Local Elections (Disclosure of Donations and Expenditure) Act 1999.
20. Confirmation of Local Elections Regulations.
SCHEDULE (Repealed)
Acts Referred to
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Civil Service Regulation Acts 1956 to 2005 |
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2005, No. 16 |
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1997, No. 25 |
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Electoral Acts 1992 to 2007 |
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1997, No. 2 |
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European Parliament Elections Acts 1992 to 2006 |
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Local Elections (Disclosure of Donations and Expenditure) Act 1999 |
1999, No. 7 |
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Local Elections Acts 1974 to 2006 |
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1938, No. 37 |
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1965, No. 27 |
Number 4 of 2009
ELECTORAL (AMENDMENT) ACT 2009
REVISED
Updated to 9 January 2023
AN ACT TO REVISE DÁIL AND EUROPEAN PARLIAMENT CONSTITUENCIES, TO PROVIDE FOR THE NUMBER OF MEMBERS TO BE ELECTED FOR SUCH CONSTITUENCIES, TO AMEND THE LAW RELATING TO THE CONSTITUENCY COMMISSION, AND FOR THOSE AND OTHER PURPOSES TO AMEND THE EUROPEAN PARLIAMENT ELECTIONS ACT 1997 AND CERTAIN OTHER ENACTMENTS, TO AMEND AND GIVE STATUTORY EFFECT TO THE LOCAL ELECTIONS REGULATIONS 1995 AND TO PROVIDE FOR RELATED MATTERS.
[24th February, 2009]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Prospective affecting provision: application of collectively cited Electoral Acts and European Parliament Elections Acts restricted by Electoral Reform Act 2022 (30/2022), s. 126(3)(a), (b), not commenced as of date of revision.
Exemptions from public information requirements
126. (1) A notice placed or displayed on an online platform by the persons specified in subsection (2) for the purpose, and in the course, of performing their statutory functions under the enactments specified in subsection (3) shall not be construed as being an “online political advertisement” for the purposes of this Part.
(2) The following persons are specified for the purposes of subsection (1):
(a) the Minister;
(b) the Commission;
(c) a returning officer (within the meaning of section 30 of the Act of 1992);
(d) the presidential returning officer and a local returning officer (within the meaning of sections 9 and 10, respectively, of the Act of 1993);
(e) the referendum returning officer and a local returning officer (within the meaning of sections 14 and 15, respectively, of the Act of 1994);
(f) the chief returning officer, a returning officer and a local returning officer (within the meaning of sections 15A, 16 and 17, respectively, of the Act of 1997);
(g) a returning officer (within the meaning of section 14 of the Seanad Electoral (University Members) Act 1937 );
(h) the Seanad returning officer (within the meaning of section 4 of the Seanad Electoral (Panel Members) Act 1947 );
(i) a returning officer (within the meaning of Article 4 of the Local Elections Regulations 1995);
(j) a local authority.
(3) The enactments specified for the purposes of subsections (1) and (2) are:
(a) the Electoral Acts 1992 to 2022;
(b) the European Parliament Elections Act 1992 to 2022;
...
C2
Application of collectively cited Electoral Acts 1923 to 1990, Electoral Acts 1992 to 2013, European Parliament Elections Acts 1977 to 1993 and European Parliament Elections Acts 1992 to 2013 restricted (1.07.2014) by Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014 (6/2014), s. 2(6)(a), (b), S.I. No. 210 of 2014.
Payment of Parliamentary Activities Allowance to parliamentary leaders of qualifying parties and to independent members
2.
...
(6) An allowance paid under this section shall not be used for, or to recoup, election or poll expenses incurred for the purposes of any election or poll held under—
(a) the Electoral Acts 1923 to 1990 or the Electoral Acts 1992 to 2013,
(b) the European Parliament Elections Acts 1977 to 1993 or the European Parliament Elections Acts 1992 to 2013,
...