Electoral Act, 1960
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) This Act may be cited as the Electoral Act, 1960.
(2) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister for Local Government either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.
num: 2
paragraphs: —Notwithstanding anything contained in any other Act—
(a) so much of the Parliamentary Elections Act, 1868, as is continued by the Corrupt and Illegal Practices Prevention Act, 1883, and
(b) the Corrupt Practices Commission Expenses Act, 1869,
shall continue in force until such time as they are repealed or terminated.
num: 3
paragraphs: —The enactments mentioned in the Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.
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paragraphs: —(1) In this Part of this Act “the Principal Act” means the Electoral Act, 1923 .
(2) The Electoral Acts, 1923 to 1959, and this Part of this Act shall be construed together as one Act and may be cited together as the Electoral Acts, 1923 to 1960.
num: 5
paragraphs: —The Principal Act is hereby amended by the substitution of the following section for section 7 (inserted by section 3 of the Electoral (DÃ¡il Ãireann and Local Authorities) Act, 1945) :
“7. For the purposes of this Act a person's age shall be taken to be that person's age on the 15th day of April next following the 15th day of September, being the qualifying date.”
num: 6
paragraphs: —(1) The Principal Act is hereby amended by the insertion of the following section after section 8:
“8A.—(1) A DÃ¡il elector shall be entered in the postal voters list for his constituency if he is—
(a) a member of the Garda SÃ­ochÃ¡na, or
(b) a whole time member of the Defence Forces.
num: 7
paragraphs: —The Principal Act is hereby amended by the substitution of the following section for section 18 (as amended by subsection (1) of section 3 of the Electoral (Amendment) Act, 1927 , and sub paragraph (1) of paragraph (3) of the Electoral Act, 1923 , Adaptation Order, 1945 ):
“18. (1) At a DÃ¡il Election—
(a) the last day for receiving nominations shall be the last day of the period which consists of the nine days (disregarding any excluded day) next following—
(i) in the case of a general election, the day of the proclamation dissolving DÃ¡il Ãireann, and
(ii) in the case of a bye-election, the day on which the writ for the election is issued, and
(b) the poll shall be taken on such day as shall be appointed by the Minister for Local Government being a day during the period which consists of the ten days (disregarding any excluded day) next following the period which consists of the six days (disregarding any excluded day) next following the last day for receiving nominations.
(2) Section 60 of this Act shall not apply in relation to this section, but ‘excluded day’ in this section means any of the days which are specified in subsection (1) of the said section 60 as days not to be reckoned.”
num: 8
paragraphs: —(1) Section 21 of the Principal Act is hereby amended by the substitution of the following subsections for subsections (1) to (4):
“(1) Every elector whose name is, at the time of a DÃ¡il election, on the postal voters list for a constituency shall be entitled to vote in that constituency at the poll at such election by sending his ballot paper by post to the returning officer for the said constituency and shall not be entitled to vote in any other manner.
(2) The returning officer shall, in the case of a contested DÃ¡il election, as soon as practicable after the adjournment of the election, send to every person whose name is on the postal voters list for his constituency a ballot paper and a form of receipt (which shall be in the prescribed form) for such ballot paper.
(3) If such ballot paper duly marked by the said person and accompanied by the said receipt duly signed by him is received by the returning officer before the close of the poll, it shall be counted by him and treated for all purposes in the same manner as a ballot paper placed in the ballot box in the ordinary way.”
num: 9
paragraphs: —The First Schedule to the Principal Act is hereby amended by the substitution of the following rule for Rule 16:
“16. The names in the postal voters list shall be arranged in such manner and such order as may be directed by the Minister for Local Government.”
num: 10
paragraphs: —(1) Part I of the Fifth Schedule to the Principal Act is hereby amended by the substitution of the following rule for Rule 24:
“24. (1) (a) If any elector satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance and he requests that his ballot paper shall be marked for him by a companion, then, subject to sub paragraph (b) of this paragraph, the companion may mark the ballot paper for the elector and shall place it so marked in the ballot box.
(b) For the purposes of subparagraph (a) of this paragraph—
(i) the presiding officer may, and, if requested by an agent of a candidate, shall, administer to the elector before delivery of the ballot paper an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the following form:
‘I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that my sight is so impaired (or—that I am so physically incapacitated—as the case may be) that I am unable to vote without assistance’
and if the elector refuses to take the oath or make the affirmation, the ballot paper shall not be marked for him under this rule;
(ii) the presiding officer may, and, if requested by an agent of a candidate, shall, put to the companion before delivery of the ballot paper, the following questions or any one or more of them:
(I) Have you attained the age of sixteen years?
(II) Have you marked as a companion more than one ballot paper at this election (or bye-election, as the case may be)?
(III) Are you a candidate at this election (or bye-election, as the case may be)?
(IV) Are you an agent of a candidate at this election (or bye-election, as the case may be)?
and unless the first question is answered in the affirmative and the other question or questions, as the case may be, is or are answered in the negative the companion shall not mark the ballot paper;
(iii) the presiding officer may, and, if requested by the agent of a candidate, shall, administer to the companion before delivery of the ballot paper an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the following form:
‘I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that I have attained the age of sixteen years and that I have not marked as a companion more than one ballot paper at this election (or this bye-election, as the case may be) and that I am not a candidate or an agent of a candidate thereat’
and if the companion refuses to take the oath or make the affirmation, he shall not mark the ballot paper.
(c) If any elector satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance and either—
(i) he does not request that his ballot paper shall be marked for him by a companion, or
(ii) having so requested, the marking of his ballot paper by the companion would be in contravention of clause (ii) or (iii) of sub paragraph (b) of paragraph (I) of this rule,
the presiding officer shall, in the presence of the agents of the candidates and no other person, cause the vote of the elector to be marked on a ballot paper in the manner directed by the elector and shall place the ballot paper so marked in the ballot box.
(d) For the purposes of subparagraph (c) of this paragraph, the presiding officer may, and, if requested by an agent of a candidate, shall, administer to the elector before delivery of the ballot paper an oath or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the form set out in clause (i) of paragraph (b) of this paragraph, and if the elector refuses to take the oath or make the affirmation, the ballot paper shall not be marked for him under this rule.
(e) If any elector satisfies the presiding officer that he is so illiterate that he is unable to vote without assistance, the presiding officer shall, in the presence of the agents of the candidates and no other person, cause the vote of the elector to be marked on a ballot paper in the manner directed by the elector and shall place the ballot paper so marked in the ballot box.
(2) A request made by any elector within four hours before the hour fixed for closing the poll to have his ballot paper marked for him under this rule otherwise than by a companion may be refused by the presiding officer if, in his opinion, having regard to the number of electors then coming in to vote or likely to come in to vote before the close of the poll, his acceding to such request would interfere with the proper discharge of his duties or would unduly obstruct the voting of other electors.
num: 11
paragraphs: —(1) In this Part of this Act “the Principal Act” means the Presidential Elections Act, 1937.
(2) The Presidential Elections Acts, 1937 and 1946, and this Part of this Act shall be construed together as one Act and may be cited together as the Presidential Elections Acts, 1937 to 1960.
num: 12
paragraphs: —Section 29 of the Principal Act is hereby amended by the substitution of the following subsections for subsections (2) and (3):
“(2) Every local returning officer shall, as soon as practicable after he receives from the presidential returning officer notice of the adjournment of a presidential election for the purpose of taking a poll, send to every person whose name is on the postal voters list for his constituency a ballot paper and a form of receipt (which shall be in the prescribed form) for such ballot paper.
(3) If such ballot paper duly marked by the said person and accompanied by the said receipt duly signed by him is received by the returning officer before the close of the poll, it shall be counted by him and treated for all purposes in the same manner as a ballot paper placed in the ballot box in the ordinary way.”
num: 13
paragraphs: —(1) Rule 17 of the First Schedule to the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (1):
“(1) (a) If any elector satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance, and he requests that his ballot paper shall be marked for him by a companion, then, subject to subparagraph (b) of this paragraph, the companion may mark the ballot paper for the elector (and paragraph (3) of this rule shall accordingly not apply) and shall place it so marked in the ballot box.
(b) For the purposes of subparagraph (a) of this paragraph—
(i) the presiding officer may, and, if requested by the agent of a candidate shall, administer to the elector before delivery of the ballot paper an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the following form:
‘I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that my sight is so impaired (or—that I am so physically incapacitated—as the case may be) that I am unable to vote without assistance’
and if the elector refuses to take the oath or make the affirmation, the ballot paper shall not be marked for him under this rule:
(ii) the presiding officer may, and, if requested by an agent of a candidate, shall, put to the companion before delivery of the ballot paper, the following questions or any one or more of them:
(I) Have you attained the age of sixteen years?
(II) Have you marked as a companion more than one ballot paper at this election?
(III) Are you a candidate at this election?
(IV) Are you an agent of a candidate at this election?
and unless the first question is answered in the affirmative and the other question or questions, as the case may be, is or are answered in the negative the companion shall not mark the ballot paper;
(iii) the presiding officer may, and, if requested by the agent of a candidate, shall, administer to the companion before delivery of the ballot paper an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the following form:
‘I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that I have attained the age of sixteen years and that I have not marked as a companion more than one ballot paper at this election and that I am not a candidate or an agent of a candidate thereat’ and if the companion refuses to take the oath or make the affirmation, he shall not mark the ballot paper.
(c) If any elector satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance and either—
(i) he does not request that his ballot paper shall be marked for him by a companion, or
(ii) having so requested, the marking of his ballot paper by the companion would be in contravention of clause (ii) or, (iii) of subparagraph (b) of this paragraph,
the presiding officer shall, in the presence of the agents of the candidate and no other person, cause the vote of the elector to be marked on a ballot paper in the manner directed by the elector and shall place the ballot paper so marked in the ballot box.
(d) For the purposes of subparagraph (c) of this paragraph, the presiding officer may, and, if requested by an agent of a candidate, shall, administer to the elector before delivery of the ballot paper an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the form set out in clause (i) of subparagraph (b) of this paragraph, and if the elector refuses to take the oath or make the affirmation, the ballot paper shall not be marked for him under this rule.
(e) If any elector satisfies the presiding officer that he is so illiterate that he is unable to vote without assistance, the presiding officer shall, in the presence of the agents of the candidates and no other person, cause the vote of the elector to be marked on a ballot paper in the manner directed by the elector and shall place the ballot paper so marked in the ballot box.”
num: 14
paragraphs: —(1) In this Part of this Act “the Principal Act” means the Referendum Act, 1942.
(2) The Referendum Acts, 1942 to 1959, and this Part of this Act shall be construed together as one Act and may be cited together as the Referendum Acts, 1942 to 1960.
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paragraphs: —(1) Section 20 of the Principal Act is hereby amended by the substitution of the following subsections for subsections (2) and (3):
“(2) Every local returning officer shall, as soon as practicable after the date of the order of the Minister appointing the polling day at a referendum, send to every person who is on the postal voters list for his constituency a ballot paper and a form of receipt (which shall be in the prescribed form) for such ballot paper.
(3) If such ballot paper duly marked by the said person and accompanied by the said receipt duly signed by him is received by the returning officer before the close of the poll, it shall be counted by him and treated for all purposes in the same manner as a ballot paper placed in the ballot box in the ordinary way.”
num: 16
paragraphs: —(1) Rule 18 of the First Schedule to the Principal Act is hereby amended by the substitution of the following paragraph for paragraph (1):
“24. (1) (a) If any voter satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance, and he requests that his ballot paper shall be marked for him by a companion, then, subject to subparagraph (b) of this paragraph, the companion may mark the ballot paper for the voter (and paragraph (3) of this rule shall accordingly not apply) and shall place it so marked in the ballot box, and,
(b) For the purposes of subparagraph (a) of this paragraph—
(i) the presiding officer may, and, if requested by a personation agent shall, administer to the elector before delivery of the ballot paper an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the following form:
‘I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that my sight is so impaired (or—that I am so physically incapacitated—as the case may be) that I am unable to vote without assistance’ and if the voter refuses to take the oath or make the affirmation, the ballot paper shall not be marked for him under this rule;
(ii) the presiding officer may, and, if requested by an agent of a candidate, shall, put to the companion before delivery of the ballot paper, the following questions or any one or two of them:
(I) Have you attained the age of sixteen years?
(II) Have you marked as a companion more than one ballot paper at this referendum?
(III) Are you a personation agent at this referendum?
and unless the first question is answered in the affirmative and the other question or questions, as the case may be, is or are answered in the negative the companion shall not mark the ballot paper;
(iii) the presiding officer may, and, if requested by a personation agent, shall, administer to the companion before delivery of the ballot paper an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the following form:
‘I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that I have attained the age of sixteen years and that I have not marked as a companion more than one ballot paper at this referendum and that I am not a personation agent thereat’ and if the companion refuses to take the oath or make the affirmation, he shall not mark the ballot paper;
(c) If any voter satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance and either—
(i) he does not request that his ballot paper shall be marked for him by a companion, or
(ii) having so requested, the marking of his ballot paper by the companion would be in contravention of clause (ii) or (iii) of subparagraph (b) of this paragraph,
the presiding officer shall, in the presence of the personation agents (if any) and no other person, cause the vote of the voter to be marked on a ballot paper in the manner directed by the voter and shall place the ballot paper so marked in the ballot box.
(d) For the purposes of subparagraph (c) of this paragraph, the presiding officer may, and, if requested by a personation agent, shall, administer to the voter before delivery of the ballot paper an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the form set out in clause (i) of subparagraph (b) of this paragraph, and if the voter refuses to take the oath or make the affirmation, the ballot paper shall not be marked for him under this rule.
(e) If any voter satisfies the presiding officer that he is so illiterate that he is unable to vote without assistance, the presiding officer shall, in the presence of the personation agents (if any) and no other person, cause the vote of the voter to be marked on a ballot paper in the manner directed by such voter and shall place the ballot paper so marked in the ballot box.”
num: 17
paragraphs: —(1) Subsection (7) of section 41 of the Representation of the People Act, 1918, is hereby amended by the insertion of “the 15th day of April next following” before “the last day of the qualifying period.”
(2) Subsection (1) of section 3 of the Local Government Electors Registration Act, 1924 , is hereby amended by the substitution of “15th day of September” for “15th day of November.”
(3) Section 4 of the Local Government Electors Registration Act, 1924 , shall have effect as if—
(i) the reference to Part 11 of the Electoral Act, 1923 , were a reference to that Part inclusive of the section inserted by section 6 of this Act, and
(ii) paragraph (a) of subsection (1) were omitted.
(4) Subsection (1) of section 2 of the Local Government (Extension of Franchise) Act, 1935 , is hereby amended by the addition of the following sentence: “For the purposes of this subsection a person's age shall be taken to be that person's age on the 15th day of April next following the relevant qualifying date.”