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
Preliminary and general
Section
1. Short title, collective citations, construction and commencement
Electoral Commission
Definitions
Establishment of Commission
8. Establishment of Commission
Governance arrangements for 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
15. Power to establish Committees
16. Power to appoint consultants and enter into contracts
20. Deputy chairperson of Commission
21. Appointment and reappointment of chief executive of Commission
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
29. Assistance of State bodies to Commission
Functions of Commission
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
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
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
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
Dáil and European Parliament constituency review functions
57. Constituency review reports
58. Laying of constituency review reports
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
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
Oversight of electoral register
69. Oversight of electoral register
Amendments to other enactments
70. Amendment of Broadcasting Act 2009
71. Amendment of Data Protection Act 2018
73. Amendment of Houses of the Oireachtas Commission Act 2003
74. Amendment of Local Elections (Disclosure of Donations and Expenditure) Act 1999
76. Amendment of Local Elections Regulations 1995
77. Amendment of Electoral Act 1997
78. Amendment of Taxes Consolidation Act 1997
Franchise and registration of electors
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
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
94. Amendment of section 17 of Act of 1992
96. Amendment of section 19 of Act of 1992
97. Amendment of section 20 of Act of 1992
99. Amendment of section 21 of Act of 1992
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
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
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
116. Amendment of Local Elections Regulations 1995
Regulation of online political advertising
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
132. Appeal to District Court from compliance notice
134. Appeal to Board from direction
137. Powers of authorised officers
139. Power of Commission to request information from other persons
Regulation of electoral process information, online electoral information and manipulative or inauthentic behaviour
Preliminary
146. Establishment and role of Advisory Board
147. Establishment and role of stakeholder council
Obligations on online platform
148. Obligation on online platform to provide information to Commission
149. Obligation on online platform in relation to notification mechanism
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
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
Procedural rights
Codes of conduct
Consultation
164. Consultation by Commission
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
Miscellaneous
172. Service of notices or orders
Advance polling during pandemic or Covid-19
Amendment of Act of 1992
Amendment of Act of 1994
Amendment of Act of 1993
Amendment of Act of 1997
Amendment of Act of 2001
Amendment of Local Elections Regulations 1995
Amendment of Electoral Act 1997 - Political donations and accounts
180. Amendment of section 2 of Principal Act
181. Amendment of section 3 of Principal Act
182. Amendment of section 4 of Principal Act
184. Amendment of section 22 of Principal Act
185. Amendment of section 23A of Principal Act
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
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
Polling on Islands
203. Amendment of Local Elections Regulations 1995
Lottery fundraising by political parties
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: