Electoral (Amendment) Act, 2001 (Section 48) Order, 2002
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This order may be cited as the Electoral (Amendment) Act, 2001 (Section 48) Order, 2002.
Interpretation.
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paragraphs: (1) In this Order —
“the Act of 1992” means the Electoral Act, 1992 (No. 23 of 1992);
“the Act of 1994” means the Referendum Act, 1994 (No. 12 of 1994);
“the Act of 2001” means the Electoral (Amendment) Act, 2001 (No. 38 of 2001).
“cartridge or disc” means a device that is used in a voting machine to record each vote;
“electronic” includes electrical, digital, magnetic, optical, electro-magnetic, biometric, photonic and any other form of related technology;
“electronic voting system” means a voting system in which the votes are automatically counted and the results automatically tabulated by use of electronically operated apparatus;
“voting machine” means an apparatus on which voters cast their votes, that records each vote, and that furnishes a total of the number of votes cast on the machine at a referendum;
“voting system” means a method of casting and counting votes that is designed to function wholly or partly by use of mechanical, electromechanical or electronic apparatus and includes the procedures for casting and counting votes and the programmes, operating manuals, printouts and other software necessary for the system's operation;
“voting system equipment” means any kind of mechanical, electro mechanical or electronic apparatus for use in a voting system.
(2) Where a section of the Act of 1992 is applied to a referendum by any section of the Act of 1994, including any such section as modified and applied by Part 3 of the Act 2001, each such section shall be deemed to be applied to the conduct of a referendum in a constituency in accordance with this Order.
Direct vote recording and electronic vote counting.
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paragraphs: (1) Notwithstanding the provisions contained in Parts II and III of the Act of 1994, voting and vote counting at a referendum may be undertaken on voting system equipment approved for such purposes by the Minister.
(2) The Minister may by order designate a constituency or constituencies in which voting machines and electronic voting systems or other equipment approved under subarticle (1) shall be used at a referendum.
(3) Every order made under this article shall be laid before each House of the Oireachtas as soon as may be after it is made.
(4) The Minister may, subject to sections 14 and 15 of the Act of 1994, whenever he or she thinks proper so to do, issue to the referendum returning officer and to all local returning officers or any local returning officer such instructions in relation to voting and vote counting under this Order as he or she shall consider necessary or expedient in order to ensure smooth and efficient voting and vote counting and to secure uniformity of procedures under this Order.
(5) The referendum returning officer and any local returning officer shall not be required or authorised by an instruction given by the Minister under subarticle (4) to do any act (whether of commission or omission) which is contrary to this Order or the Act of 1994.
Expenses.
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paragraphs: (1) The expenses incurred by the referendum returning officer or local returning officer in acquiring voting systems for the purposes of this Order shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof.
(2) On request of the referendum returning officer or local returning officer for an advance on account of his or her expenses under subarticle (1), the Minister for Finance may, if he or she thinks fit on such terms as he or she thinks fit, make such an advance.
(3) An advance under subarticle (2) may be made to the referendum returning officer or local returning officer irrespective of whether an order under section 10 of the Act of 1994 has been made or not or a scale of maximum charges under section 16 of the Act of 1994 has been made or not.
(4) An account of expenses under this article shall be included in the account to be submitted by the referendum returning officer or the local returning officer concerned to the Minister for Finance under section 14 or 16 of the Act of 1994.
(5) The expenses incurred by the Minister in taking steps to advertise or otherwise give publicity to any voting system to be, or which has been, introduced in one or more constituencies or to provide an educational scheme in respect of such a system shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of the Central Fund or the growing produce thereof.
Modification of certain provisions of the Act of 1994.
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paragraphs: For the purpose of the application by virtue of this Order to voting and the counting of votes under this Order of certain provisions of the Act of 1994, including certain provisions of the Act of 1992 applied to referenda by section 2(3) of the Act of 1994, the said provisions as so applied shall have effect as if—
(a) a reference in any such provision to a ballot paper or ballot papers, other than in the case of postal voting and voting by special voters, were a reference, where appropriate, to a ballot paper displayed on a voting machine;
(b) a reference in any such provision to mark or marking in relation to a ballot paper, other than in the case of postal voting and voting by special voters, were a reference to pressing the designated space adjacent to the question “if you approve” or “if you do not approve” on a ballot paper displayed on a voting machine;
(c) a reference in any such provision to a ballot box or ballot boxes, other than in the case of postal voting and voting by special voters, were a reference to a voting machine or voting machines;
(d) a reference in any section of the Act of 1994 or the Act of 1992 as modified by section 38 of the Act of 2001 to “this Act” shall be deemed to include this Order;
(e) a reference to “Part 3 of the Electoral (Amendment) Act, 2001 ” in any section of the Act of 1992 as applied by section 38 of the Act of 2001 shall be deemed to include this Order;
(f) in section 2(3) of that Act —
(i) there were inserted after “deleted” in paragraph (f) “and the counting of postal votes and special voters votes in accordance with article 10 of the Electoral (Amendment) Act, 2001 (Section 48) Order, 2002;
(ii) there were inserted after paragraph (i) the following paragraph;
“(ii) in section 75 for “as a ballot box for the purposes of section 114” there were substituted “in accordance with article 10 of the Electoral (Amendment) Act, 2001 (Section 48) Order, 2002. The returning officer shall count and note the number of ballot papers placed in the ballot box and include such details and the details referred to in section 73(4) in the statement referred to in section 76(5)”;
(g) in section 7 of that Act, there were inserted “and the entering of votes on postal and special voter ballot papers on a voting machine” after “postal ballot boxes” in paragraph (c);
(h) in section 15(4) of that Act, for “open the ballot boxes and count the votes”, in each place where those words occur, there were substituted “open the postal voter ballot boxes and count the votes in accordance with the Electoral (Amendment) Act, 2001 (Section 48) Order, 2002”;
(i) in section 24 of that Act —