Electoral Reform Act 2022

95

Pending elector list

95. The Act of 1992 is amended by the insertion of the following section after section 17:

“17A. (1) Each registration authority shall prepare and maintain a list of persons specified in subsection (3) in its registration area and the list shall be referred to in this Act as the “pending elector list”.

(2) A registration authority and the Designated Registration Authority shall ensure that the pending elector list shall not—

(a) be included in the register of electors,

(b) be published, as a separate list or otherwise,

(c) be included in the published register of electors, or

(d) be available for inspection.

(3) Subject to subsection (4), a registration authority shall enter the name of a person on the pending elector list where—

(a) the person has reached 16 years but has not reached 18 years and who, otherwise than in relation to his or her age, meets the requirements of section 7, 8, 9 or 10, as the case may be, and

(b) the person applies to the registration authority to be entered in the pending elector list in accordance with Rule 38 of Part VII of the Second Schedule in a form directed by the Minister.

(4) Where the name of a person is entered on the pending elector list in accordance with subsection (3), the registration authority—

(a) (i) shall enter the name of the person on the register of electors prepared and maintained under section 13 from the day on which the person reaches 18 years, or

(ii) shall if an order appointing polling day is made in the case of a Dáil, presidential, European or local election or a referendum and the person will reach 18 years on a day that falls during the period beginning on the last day on which applications for entry in the register can be received and ending on polling day in the case of such an election or referendum, enter the name of the person on the register of electors published for the purpose of the election or referendum, as the case may be, or both that election and referendum, in respect of which the order appointing polling day was made,

and

(b) where paragraph (a) applies, remove the name of the person from the pending elector list.”.