Electoral Reform Act 2022

Number 30 of 2022

ELECTORAL REFORM ACT 2022

REVISED

Updated to 31 March 2024

This Revised Act is an administrative consolidation of the Electoral Reform Act 2022. 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 the European Arrest Warrant (Amendment) Act 2024 (9/2024), enacted 12 March 2024, and all statutory instruments up to and including the Sustainable Energy Act 2002 (Section 8(2)) (Conferral of Additional Functions - Reporting of National Energy Statistics and Electricity and Natural Gas Prices) Regulations 2024 (S.I. No. 151 of 2024), made 28 March 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 30 of 2022


ELECTORAL REFORM ACT 2022

REVISED

Updated to 31 March 2024


CONTENTS

PART 1

Preliminary and general

Section

1. Short title, collective citations, construction and commencement

2. Interpretation

3. Power to prescribe

4. Repeals

5. Expenses

PART 2

Electoral Commission

Chapter 1

Definitions

6. Definitions (Part 2)

Chapter 2

Establishment of Commission

7. Establishment day

8. Establishment of Commission

Chapter 3

Governance arrangements for Commission

9. Membership of Commission

10. Recommendations for appointment of ordinary members of Commission

11. Terms and conditions of appointment of members of Commission

12. Ineligibility and disqualification of ordinary members of Commission

13. Removal of ordinary member of Commission

14. Meetings and procedure

15. Power to establish Committees

16. Power to appoint consultants and enter into contracts

17. Staffing

18. Accounts of Commission

19. Chairperson of Commission

20. Deputy chairperson of Commission

21. Appointment and reappointment of chief executive of Commission

22. Role of chief executive

23. Removal of chief executive

24. Accountability of chief executive to Public Accounts Committee

25. Accountability of chief executive to Oireachtas

26. Accountability of chief executive for accounts of Commission

27. Annual report of Commission

28. Strategy statement

29. Assistance of State bodies to Commission

Chapter 4

Functions of Commission

30. Functions of Commission

Chapter 5

Referendum functions

31. Referendum functions of Commission

32. Advertisements etc. by Commission

33. Declaration that body is an approved body for purposes of a referendum

34. Publication of referendum notices by Commission

35. Obligation to provide information or statutory declaration if required

36. Notification to referendum returning officer and local returning officer of details of approved body

37. Appointment by approved body of agents at a referendum

38. Amendment of section 43 of Act of 1994

39. Reports and information to Minister and Joint Oireachtas Committee

40. Provisions in relation to offences

Chapter 6

Registration of political parties functions

41. Registrar of political parties

42. Register of political parties

43. Application for registration of political parties

44. Registration of political emblems

45. Qualifying criteria for registration of political parties

46. Titles of political parties

47. Details to be entered in register of political parties

48. Political groups

49. Notification of decision on application for registration

50. Amendments to Register of Political Parties

51. Appeal against decision of Registrar

52. Inspection and production of copy of register

53. Requirement to comply with request by Registrar for information

54. Registration in relation to particular types of election

55. Provision of copies of register to returning officers

Chapter 7

Dáil and European Parliament constituency review functions

56. Constituency reviews

57. Constituency review reports

58. Laying of constituency review reports

59. Public submissions

Chapter 8

Local electoral area boundary review functions

60. Amendment of section 32 of Act of 1991

61. Local Electoral Area Boundary Review functions of Commission

62. Local electoral area boundary reports

63. Public and stakeholder submissions

Chapter 9

Research, advisory and voter education functions

64. Research function of Commission

65. Research programmes to be carried out by Commission

66. Advisory function of Commission

67. Education function of Commission

68. Post electoral event reviews

Chapter 10

Oversight of electoral register

69. Oversight of electoral register

Chapter 11

Amendments to other enactments

70. Amendment of Broadcasting Act 2009

71. Amendment of Data Protection Act 2018

72. Amendment of Act of 1992

73. Amendment of Houses of the Oireachtas Commission Act 2003

74. Amendment of Local Elections (Disclosure of Donations and Expenditure) Act 1999

75. Amendment of Act of 1997

76. Amendment of Local Elections Regulations 1995

77. Amendment of Electoral Act 1997

78. Amendment of Taxes Consolidation Act 1997

PART 3

Franchise and registration of electors

Chapter 1

Amendments to Act of 1992

79. Amendment of section 6 of Act of 1992

80. Amendment of section 7 of Act of 1992

81. Amendment of section 8 of Act of 1992

82. Amendment of section 9 of Act of 1992

83. Amendment of section 10 of Act of 1992

84. Amendment of section 11 of Act of 1992

85. Amendment of section 12 of Act of 1992

86. Amendment of section 13 of Act of 1992

87. Amendment of section 13B of Act of 1992

88. Use of the electoral register

89. Data sharing

90. Amendment of section 14 of Act of 1992

91. Amendment of section 15C of Act of 1992

92. Application to the register of electors

93. Anonymous electors

94. Amendment of section 17 of Act of 1992

95. Pending elector list

96. Amendment of section 19 of Act of 1992

97. Amendment of section 20 of Act of 1992

98. Oversight and reporting

99. Amendment of section 21 of Act of 1992

100. Third party claims

101. Amendment of section 46 of Act of 1992

102. Amendment of section 78 of Act of 1992

103. Provision of postal vote to special voter in certain circumstances

104. Amendment of section 99 of Act of 1992

105. Amendment of section 133 of Act of 1992

106. Amendment of Second Schedule to Act of 1992

Chapter 2

Amendments to Electoral Act 1997

107. Amendment of section 63 of Electoral Act 1997

108. Amendment of section 64 of Electoral Act 1997

109. Amendment of section 66 of Electoral Act 1997

110. Amendment of section 67 of Electoral Act 1997

Chapter 3

Amendments to other enactments

111. Amendment of section 2 of Act of 2006

112. Amendment of section 3 of Act of 2006

113. Amendment of section 5 of Act of 2006

114. Amendment of section 6 of Act of 2006

115. Amendment of Act of 1997

116. Amendment of Local Elections Regulations 1995

117. Amendment of Act of 1994

118. Amendment of Act of 1993

PART 4

Regulation of online political advertising

119. Interpretation

120. Application of Part

121. Public information requirements for online political advertisements

122. Obligations on online platforms regarding online political advertisements

123. Identification and verification of buyers

124. Obligations on buyers regarding online political advertisements

125. Online political advertisements commissioned from outside the State

126. Exemptions from public information requirements

127. Functions of the Commission

128. Appointment of authorised officers

129. Monitoring compliance for the purposes of this Part

130. Investigations

131. Compliance notice

132. Appeal to District Court from compliance notice

133. Directions

134. Appeal to Board from direction

135. Judicial review

136. Requirement on online platform and buyer of online political advertisement to retain records, information and documentation

137. Powers of authorised officers

138. Power of Commission to obtain information from online platform and buyer of online political advertisement

139. Power of Commission to request information from other persons

140. Offences and penalties

141. Online platform liable for acts of third parties engaged by it to carry out its obligations under this Part

142. Service of documents

143. Review of Part 4

PART 5

Regulation of electoral process information, online electoral information and manipulative or inauthentic behaviour

Chapter 1

Preliminary

144. Definitions (Part 5)

145. Online electoral information, disinformation, misinformation and manipulative or inauthentic behaviour functions

146. Establishment and role of Advisory Board

147. Establishment and role of stakeholder council

Chapter 2

Obligations on online platform

148. Obligation on online platform to provide information to Commission

149. Obligation on online platform in relation to notification mechanism

Chapter 3

Powers of Commission

150. Monitoring, and investigation, of online electoral information

151. Delegation of powers of Commission to chief executive

152. Exercise of powers of Commission

153. Take-down notice

154. Correction notice

155. Labelling order

156. Access-blocking order

157. Manipulative or inauthentic behaviour (including undisclosed bot activity) notice

158. Application to court for order directing compliance with notice or order

159. Communication with public

160. Mechanism for public to report disinformation, misinformation and manipulative or inauthentic behaviour

Chapter 4

Procedural rights

161. Appeal to appeal panel

162. Judicial review

Chapter 5

Codes of conduct

163. Codes of conduct

Chapter 6

Consultation

164. Consultation by Commission

Chapter 7

Offences and penalties

165. Offence of failing to comply with notice or order issued under sections 153 to 157

166. Offences of disinformation and misinformation

167. Offence of using undisclosed bot to mislead or influence election or referendum

168. Offence of failure to comply with obligations placed on online platform

169. Prosecution of offences

170. Extraterritoriality

Chapter 8

Miscellaneous

171. Immunity from suit

172. Service of notices or orders

PART 6

Advance polling during pandemic or Covid-19

Chapter 1

Amendment of Act of 1992

173. Advance polling

Chapter 2

Amendment of Act of 1994

174. Advance polling

Chapter 3

Amendment of Act of 1993

175. Advance polling

Chapter 4

Amendment of Act of 1997

176. Advance polling

Chapter 5

Amendment of Act of 2001

177. Advance polling

Chapter 6

Amendment of Local Elections Regulations 1995

178. Advance polling

PART 7

Amendment of Electoral Act 1997 - Political donations and accounts

179. Definition

180. Amendment of section 2 of Principal Act

181. Amendment of section 3 of Principal Act

182. Amendment of section 4 of Principal Act

183. Powers of investigation

184. Amendment of section 22 of Principal Act

185. Amendment of section 23A of Principal Act

186. Party leader’s statement

187. Amendment of section 25 of Principal Act

188. Amendment of section 31 of Principal Act

189. Amendment of section 43 of Principal Act

190. Amendment of section 46 of Principal Act

191. Amendment of section 48A of Principal Act

192. Amendment of section 61 of Principal Act

193. Fixed payment notices

194. Amendment of section 83 of Principal Act

195. Amendment of section 84 of Principal Act

196. Amendment of section 85 of Principal Act

197. Amendment of section 86 of Principal Act

198. Amendment of section 88 of Principal Act

199. Amendment of Principal Act - insertion of sections 91 and 92

PART 8

Polling on Islands

200. Amendment of Act of 1992

201. Amendment of Act of 1993

202. Amendment of Act of 1994

203. Amendment of Local Elections Regulations 1995

204. Amendment of Act of 2001

205. Amendment of Act of 1997

PART 9

Lottery fundraising by political parties

206. Fundraising by political parties

207. Offences and penalties


Acts Referred to

Adoption Act 1952 (No. 25)

Adoption Act 1991 (No. 14)

Broadcasting Act 2009 (No. 18)

Central Bank Act 1942 (No. 22)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)

Civil Registration Act 2004 (No. 3)

Civil Service Regulation Act 1956 (No. 46)

Civil Service Regulation Acts 1956 to 2005

Companies Act 2014 (No. 38)

Comptroller and Auditor General (Amendment) Act 1993 (No. 8)

Comptroller and Auditor General Acts 1866 to 1998

Court Officers Act 1926 (No. 27)

Court Officers Act 1945 (No. 25)

Courts (No. 2) Act 1997 (No. 43)

Credit Union Act 1997 (No. 15)

Criminal Law (Sexual Offences) Act 2017 (No. 2)

Data Protection Act 2018 (No. 7)

Domestic Violence Act 2018 (No. 6)

Electoral (Amendment) Act 2006 (No. 33)

Electoral Act 1992 (No. 23)

Electoral Act 1997 (No. 25)

Electoral Acts 1992 to 2019

European Communities Act 1972 (No. 27)

European Communities Acts 1972 to 2012

European Parliament Elections Act 1997 (No. 2)

European Parliament Elections Acts 1992 to 2019

Friendly Societies Acts 1896 to 2021

Garda Síochána Act 2005 (No. 20)

Houses of the Oireachtas Commission Act 2003 (No. 28)

Industrial and Provident Societies Acts 1893 to 2021

Interpretation Act 2005 (No. 23)

Irish Nationality and Citizenship Act 1956 (No. 26)

Local Elections (Disclosure of Donations and Expenditure) Act 1999 (No. 7)

Local Government Act 1991 (No. 11)

Local Government Act 2001 (No. 37)

Medical Practitioners Act 2007 (No. 25)

Non-Fatal Offences against the Person Act 1997 (No. 26)

Organisation of Working Time Act 1997 (No. 20)

Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c. 93)

Presidential Elections Act 1993 (No. 28)

Presidential Elections Acts 1992 to 2006

Presidential Elections Acts, 1937 to 1992

Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)

Referendum Act 1994 (No. 12)

Referendum Act 1998 (No. 1)

Referendum Acts 1992 to 2013

Referendum Acts, 1942 to 1992

Seanad Electoral (Panel Members) Act 1947 (No. 42)

Seanad Electoral (Panel Members) Acts 1947 to 2018

Seanad Electoral (University Members) Act 1937 (No. 30)

Seanad Electoral (University Members) Acts 1937 to 2015

Social Welfare Consolidation Act 2005 (No. 26)

Taxes Consolidation Act 1997 (No. 39)


Number 30 of 2022


ELECTORAL REFORM ACT 2022

REVISED

Updated to 31 March 2024


An Act to provide for the establishment of An Coimisiún Toghcháin; to confer on the Commission certain functions in relation to the preparation and maintenance of the Register of Political Parties; to provide that the Commission shall explain, to the public, the subject matter of referendums; to provide that the Commission shall provide information, to the public, on electoral processes and encourage participation, by the public, in the democratic processes of the State; to provide for the review, by the Commission, of constituencies for the election of members to Dáil Éireann and to the European Parliament; to provide for the review, by the Commission, of local authority electoral area boundaries; to confer on the Commission a policy, research and advisory function; to provide that the Commission shall oversee the electoral register; to confer on the Commission the power to set standards for registration authorities and make recommendations to registration authorities or to the Minister in relation to the registration of electors; to modernise the arrangements for the registration of electors; to provide for continuous registration on the basis of individual application; to provide for necessary and appropriate data sharing to assist registration authorities in updating and maintaining the register; to provide for annual reporting by registration authorities to the Commission; to provide for a designated registration authority to manage a shared database for registration authorities to use in the performance of their functions; to provide for anonymous registration in certain limited cases; to provide a specific registration process for persons with no fixed address; to provide for a pending electors list for persons aged 16 and 17; to provide for the extension of postal voter categories to include special voters in certain circumstances; to provide a framework for the regulation of online political advertising during election periods by the Commission; to provide for the labelling of online political advertisements; to provide for transparency notices for online political advertisements; to confer on the Commission the power to monitor compliance, carry out investigations and take enforcement action under this Act in so far as it relates to online political advertising; to provide for a regulatory framework to protect the integrity of elections and referendums against the dissemination or publication of online disinformation, online misinformation and manipulative or inauthentic behaviour online; to facilitate elections during a pandemic or Covid-19; to provide for polling on the islands; to amend the Electoral Act 1997 to enhance transparency in relation to certain donations to political parties and to provide, inter alia, for the preparation by political parties of consolidated annual statements of accounts; to provide for the holding of fundraising lotteries by political parties; and to provide for related matters.

[25th July, 2022]

Be it enacted by the Oireachtas as follows: