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
Introduction
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 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(2)). The Acts in this group are:
• Electoral Act 1992 (23/1992)
• 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• Electoral (Amendment) (No. 2) Act 1998 (19/1998) (repealed)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), in so far as it relates to functions of the 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), other than Parts 8 and 9
• Local Government Reform Act 2014 (1/2014), s. 1(6), s. 5(4) and sch. 2 part 2, sch. 4 paras. 17 and 18, in so far as it relates to the Electoral Act 1992
• Electoral (Amendment) Act 2014 (8/2014)
• Electoral (Amendment) Act 2015 (62/2015)
• Electoral (Amendment) Act 2016 (5/2016)
• Electoral (Amendment) (Dáil Constituencies) Act 2017 (39/2017)
• Companies (Statutory Audits) Act 2018 (22/2018), ss. 71, 73
• European Parliament Elections (Amendment) Act 2019 (7/2019), s. 8
• Electoral Reform Act 2022 (30/2022), ss. 6-30, 41-59, 61-69, 72, 77-114, 173
European Parliament Elections 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(3)). The Acts in this group are:
• Electoral Act 1992 (23/1992), Parts II, III, IV and XXIII of and Sch. 2, 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 European elections and the European Parliament Elections Acts, 1992 to 1997
• Local Elections (Disclosure of Donations and Expenditure) Act 1999 (7/1999), s. 1(4) and so much of ss. 2 and 25 as relate to the European Parliament elections
• Electoral (Amendment) Act 2001 (38/2001), in so far as it relates to European Parliament elections
• Electoral (Amendment) Act 2002 (4/2002), in so far as it relates to European Parliament elections
• European Parliament Elections (Amendment) Act 2004 (2/2004)
• Electoral (Amendment) Act 2004 (15/2004), in so far as it relates to European Parliament elections
• Electoral (Amendment) Act 2006 (33/2006), in so far 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) in so far as it relates to European Parliament elections
• European Parliament Elections (Amendment) Act 2014 (2/2014)
• Electoral (Amendment) Act 2014 (8/2014) in so far as it relates to European Parliament elections
• European Parliament Elections (Amendment) Act 2019 (7/2019), other than s. 8
• Electoral Reform Act 2022 (30/2022), ss. 75, 115, 176
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 this group are:
• Local Elections (Petitions and Disqualifications) Act 1974 (8/1974)
• Electoral Act 1992 (23/1992), so much of Act as relates to local elections
• Local Government Act 1994 (8/1994), Parts II and III
• 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), other than s. 1(4) and so much of s. 25 as relates to the European Parliament elections
• Local Government Act 2001 (37/2001), Parts 3, 4 and Chapter 3 of Part 5, s. 243
• Electoral (Amendment) Act 2001 (38/2001), in so far as it relates to local elections
• Electoral (Amendment) Act 2002 (4/2002), in so far as it relates to local elections
• Local Government (No. 2) Act 2003 (17/2003), in so far as it relates to local elections
• Electoral (Amendment) Act 2004 (15/2004), in so far as it relates to local elections
• Electoral (Amendment) Act 2006 (33/2006), in so far as it relates to local elections
• Electoral (Amendment) Act 2009 (4/2009), in so far 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), s. 1(5), s. 5(4) and sch. 2 part 2, in so far as it relates to the Local Elections (Petitions and Disqualifications) Act 1974 and the Local Elections (Disclosure of Donations and Expenditure) Act 1999
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 Reform Act 2014 (1/2014)
• Electoral (Amendment) (Dáil Constituencies) Act 2013 (7/2013)
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, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• None
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 revision.
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,
...