Local Government Act 2019
Elections to Cork local authorities in 2019
28. (1) The register of electors for the city council that, in accordance with subsection (2) of section 13 of, and Part I of the Second Schedule to, the Act of 1992, comes into force on 15 February 2019 shall, subject to such corrections as are considered necessary by the registration authority concerned in accordance with subsection (3) of section 15 of that Act, consist of—
(a) the register of electors in force on that date for the city council registration area, and
(b) the persons registered on that date as local government electors in respect of the area comprised in the relevant area.
(2) The register of electors for the county council that, in accordance with subsection (2) of section 13 of, and Part I of the Second Schedule to, the Act of 1992, comes into force on 15 February 2019 shall, subject to such corrections as are considered necessary by the registration authority concerned in accordance with subsection (3) of section 15 of that Act, consist of the register of electors in force on that date for the county council registration area (other than the persons registered on that date as local government electors in respect of the area comprised in the relevant area).
(3) For the purposes of the performance by the Minister of his or her functions under Part 4 of the Principal Act before the transfer day, the relevant area shall be deemed to be part of the city of Cork.
Annotations
Modifications (not altering text):
C2
Application of section extended by Referendum Act 1994 (12/1994), ss. 15, 18 as applied with modifications (15.05.2019) by Electoral Act, 1992 (Section 165) Regulations 2019 (S.I. No. 214 of 2024), reg. 24.
Local returning officers.
15.— ...
(3) It shall be the duty of the local returning officer for a constituency to take the poll at the referendum in the constituency and to count the votes cast thereat and to do such acts and things as may be necessary for effectually taking the poll and counting the votes in the constituency in accordance with this Act.
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Constituencies.
18.—(1) For the purpose of taking the poll at a referendum, the State shall be deemed to be divided into the same constituencies as those into which it is for the time being divided for the purpose of Dáil elections and the poll shall be taken separately in each such constituency.
(2) The Minister may, if satisfied that it is appropriate so to do, by order, made not later than the date on which the order appointing the polling day at a referendum is made, provide that for the purpose of the referendum concerned each county and each county borough shall be deemed to be a constituency for the purpose of Dáil elections and, as respects a referendum for the purpose of which the order is in force—
(a) the poll shall be taken separately in each county and each county borough;
(b) each voter at the poll shall vote in the constituency in which the voter would be entitled to vote at a Dáil election if each county and each county borough in the State were a constituency for such election;
(c) the local returning officer shall be—
(i) in the case of the county of Cork, the counties of South Dublin, Fingal and Dún Laoghaire-Rathdown, the county borough of Cork and the county borough of Dublin, the appropriate sheriff, and
(ii) in any other case, the county registrar for the county or county borough concerned; and
(d) in this Act (other than this subsection)—
(i) references to a constituency shall be construed in accordance with the order, and
(ii) references to a member of the Dáil for the constituency shall be construed as references to a member of the Dáil for any constituency situate wholly or partly within the county or county borough and references to a member of the Seanad resident in the constituency shall be construed as references to a member of the Seanad resident in the county or county borough.
(3) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.
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Modification of Act of 1994.
24. The Act of 1994 shall have effect as if:
(a) in section 15(3) “and the Electoral Act 1992 (Section 165) Regulations 2019” were inserted after “with this Act”,
(b) in section 18 by the insertion of the following after subsection (3):
“(4) Sections 28 and 29 of the Local Government Act 2019 shall apply for the purposes of the holding of a referendum on 24 May 2019 as they apply for the purposes of the holding of local elections on the same date, subject to the following modifications in section 28-
(i) by the substitution of ’Presidential’ for ‘local government’ in paragraph (b) of subsection (1),
(ii) by the substitution of ‘Presidential’ for ‘local government’ in subsection (2), and
(iii) by the substitution of ‘this Act’ for ‘Part 4 of the Principal Act’ in subsection (3).”.
C3
Application of section extended with modifications by European Parliament Elections Act 1997 (2/1997), s. 15(3), (4) as amended and inserted (22.03.2019) by European Parliament Elections (Amendment) Act 2019 (7/2019), s. 5, S.I. No. 117 of 2019.
Constituencies
15.—(1) The constituencies for which candidates shall be elected under this Act to be representatives in the Parliament shall be those specified in the Third Schedule and the number of representatives to be so elected for such a constituency shall be the number specified in respect thereof in the third column of that Schedule.
(2) The Minister shall, having considered any report presented on statutory authority to each House of the Oireachtas recommending any alteration in the constituencies for which candidates shall be elected under this Act to be representatives in the Parliament, and not later than the first day of December, 2003 and at least once in every ten years thereafter, submit to the Oireachtas proposals for a review of the said constituencies.
[(3) Subject to subsection (4), an area specified in the Third Schedule shall be taken to be that area as constituted on 1 September 2018.]
[(4) Sections 28 and 29 of the Local Government Act 2019 shall apply for the purposes of the holding of European elections in the year 2019 as they apply for the purposes of the holding of local elections in that year, subject to the following modifications in section 28—
(a) by the substitution of "European" for "local government" in paragraph (b) of subsection (1),
(b) by the substitution of "European" for "local government" in subsection (2), and
(c) by the substitution of "this Act" for "Part 4 of the Principal Act" in subsection (3).]