Electoral (Amendment) Act 2009
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: — (1) This Act may be cited as the Electoral (Amendment) Act 2009.
(2) The Electoral Acts 1992 to 2007 and this Act may be cited together as the Electoral Acts 1992 to 2009 and shall be read together as one.
(3) The European Parliament Elections Acts 1992 to 2006 and this Act (in so far as it relates to European Parliament elections) may be cited together as the European Parliament Elections Acts 1992 to 2009 and shall be read together as one.
(4) The Local Elections Acts 1974 to 2006 and this Act (in so far as it relates to local elections) may be cited together as the Local Elections Acts 1974 to 2009 and shall be read together as one.
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paragraphs: — (1) In this Act “Local Elections Regulations” means the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 ).
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paragraphs: — DÃ¡il Ãireann shall, after the dissolution thereof that next occurs after the passing of this Act, consist of 166 members.
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paragraphs: — (1) The members of DÃ¡il Ãireann shall, after the dissolution of DÃ¡il Ãireann that next occurs after the passing of this Act, represent the constituencies specified in the Schedule .
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paragraphs: — A constituency specified in the Schedule shall return the number of members set out in respect thereof in the third column of that Schedule .
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paragraphs: — (1) Sections 1 , 2 , 3 , 4 , 5 and 7 of, and the Schedule to, the Electoral (Amendment) Act 2005 are repealed.
(2) Subsection (1) shall come into operation on the dissolution of DÃ¡il Ãireann that next occurs after the passing of this Act.
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paragraphs: — Section 15 of the European Parliament Elections Act 1997 is amended by substituting the following subsection for subsection (3):
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paragraphs: — The European Parliament Elections Act 1997 is amended as respects European elections held after 1 January 2009 by substituting the following Schedule for the Third Schedule to that Act:
Section 15.
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paragraphs: — The Electoral Act 1997 is amended by substituting the following Part for Part II:
“PART II
Constituency Commission
Establishment of Constituency Commission.
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paragraphs: — (1) Upon the publication by the Central Statistics Office, following a Census of Population, of the Census Report setting out the preliminary result of the Census in respect of the total population of the State there shall be established by the Minister, by order, a commission (in this Act referred to as “a Constituency Commission”) to perform the functions assigned to it by this Part.
(2) A Constituency Commission and its members shall be independent in the performance of their functions under this Act.
(3) Every order made under subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is made.
Functions of Constituency Commission.
num: 6
paragraphs: — (1) It shall be the function of a Constituency Commission to make a report in relation to the constituencies for—
(a) the election of members to the DÃ¡il, and
(b) the election of members of the European Parliament.
(2) In preparing a report under subsection (1)(a) a Constituency Commission shall, in observing the relevant provisions of the Constitution in relation to DÃ¡il constituencies, have regard to the following:
(a) the total number of members of the DÃ¡il, subject to Article 16.2.2° of the Constitution, shall be not less than 164 and not more than 168;
(b) each constituency shall return 3, 4 or 5 members;
(c) the breaching of county boundaries shall be avoided as far as practicable;
(d) each constituency shall be composed of contiguous areas;
(e) there shall be regard to geographic considerations including significant physical features and the extent of and the density of population in each constituency; and
(f) subject to the provisions of this section, the Commission shall endeavour to maintain continuity in relation to the arrangement of constituencies.
(3) In preparing a report under subsection (1)(b) a Constituency Commission shall have regard to the following:
(a) the total number of members of the European Parliament to be elected in the State shall be 12 or such other number as may be specified for the time being pursuant to the treaties governing the European Communities;
(b) there shall be reasonable equality of representation as between constituencies; and
(c) the matters specified in paragraphs (b) to (f) of subsection (2).
(4) The reference in subsection (2)(c) to county boundaries shall be deemed not to include a reference to the boundary of a city or any boundary between any 2 of the counties of DÃºn Laoghaire-Rathdown, Fingal and South Dublin.
Membership of Constituency Commission.
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paragraphs: — A Constituency Commission shall consist of the following members:
(a) (i) a judge of the Supreme Court, or
(ii) following consultation with the President of the High Court, a judge of the High Court,
nominated by the Chief Justice, who shall be the chairperson of the Commission;
(b) the Ombudsman;
(c) the Secretary General of the Department of the Environment, Heritage and Local Government;
(d) the Clerk of the DÃ¡il; and
(e) the Clerk of the Seanad.
Provisions in relation to members.
num: 8
paragraphs: — (1) Where, before the reports of a Constituency Commission have been presented to the Chairman of the DÃ¡il under section 9, the person appointed to be chairperson of the Commission—
(a) through ill-health or other reasonable cause becomes unable to act as such chairperson, the Chief Justice shall assign another judge of the Supreme Court or, following consultation with the President of the High Court, another judge of the High Court to be a member and the chairperson of the Commission,
(b) ceases to hold office as a judge of the Supreme Court or of the High Court, the person shall continue as such chairperson until the reports of the Commission have been presented unless the Chief Justice assigns another judge of either court to be a member and the chairperson of the Commission.
(2) Where the holder of an office referred to in paragraphs (b) to (e) of section 7, through ill-health or other reasonable cause, is unable to act as a member of a Constituency Commission or any such office is vacant, the Minister may appoint, in the case of—
(a) the Ombudsman, the Director General of the Office of the Ombudsman,
(b) the Secretary General of the Department of the Environment, Heritage and Local Government, another officer of the Minister, who is an established civil servant for the purposes of the Civil Service Regulation Acts 1956 to 2005,
(c) the Clerk of the DÃ¡il, the Clerk Assistant of the DÃ¡il, and
(d) the Clerk of the Seanad, the Clerk Assistant of the Seanad,
to be a member of the Commission and the person so appointed shall remain a member of the Commission until the reports of the Commission are presented to the Chairman of the DÃ¡il under section 9.
(3) Where, before the reports of a Constituency Commission have been presented to the Chairman of the DÃ¡il under section 9, a person who is a member of the Commission ceases to hold an office referred to in paragraphs (b) to (e) of section 7, the person shall continue as a member of the Commission until the reports of the Commission have been presented unless the Minister by order directs that the person's successor in office or the appropriate person referred to in subsection (2) shall be a member of the Commission.
(4) Subject to subsections (1), (2) and (3), a Constituency Commission may act notwithstanding vacancies in its membership.
Report of Constituency Commission.
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paragraphs: — (1) As soon as may be after publication by the Central Statistics Office of the Census Report setting out the final result of the Census referred to in section 5(1) in respect of the total population of the State and, in any event, not later than 3 months after such publication, the Constituency Commission shall present to the Chairman of the DÃ¡il—
(a) a report containing the recommendations of the Commission in relation to the constituencies for the election of members to the DÃ¡il and any alteration of those constituencies which the Commission considers appropriate, and
(b) a report containing the recommendations of the Commission in relation to the constituencies for the election of members of the European Parliament and any alteration of those constituencies which the Commission considers appropriate.
(2) A report of a Constituency Commission under this section may indicate that, in the opinion of the Commission having regard to subsection (2) or (3) of section 6, no alteration is required to be made in the constituencies to which the report relates.
(3) Upon the presentation by a Constituency Commission of the reports to be presented under this section, the Commission shall stand dissolved.
(4) As soon as may be after the receipt of a report of a Constituency Commission, the Chairman of the DÃ¡il shall cause such report to be laid before each House of the Oireachtas.
Constituency Commission to invite and consider submissions.
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paragraphs: — (1) A Constituency Commission shall, as soon as may be after its establishment, give public notice of its intention to make a report relating to—
(a) the constituencies for the election of members to the DÃ¡il, and
(b) the constituencies for the election of members of the European Parliament.
(2) As soon as may be after its establishment, a Constituency Commission shall prepare—
(a) a statement setting out the relevant provisions of the Constitution in relation to DÃ¡il constituencies to which the Commission is required to have regard in preparing a report under section 6(1)(a), and
(b) statements based on the population as set out in the Census Report setting out the preliminary result of the Census referred to in section 5(1) in respect of the total population of the State showing, for the constituencies for the time being in force for DÃ¡il and European elections, in relation to each constituency:
(i) the number of members of the DÃ¡il or European Parliament, as the case may be;
(ii) the population of the constituency;
(iii) the population per member of the DÃ¡il or European Parliament, as the case may be, of the constituency; and
(iv) the percentage variation of population per member of the DÃ¡il or European Parliament, as the case may be, of the constituency from the national average population per member.
(3) The public notice referred to in subsection (1) shall indicate that—
(a) the statements prepared by the Constituency Commission under this section shall be made available free of charge by the Commission, to any person wishing to examine them, in such manner as shall be specified in the notice,
(b) any person may make a submission to the Commission in such manner and within such period (which shall be not less than 3 months after the date of the giving of the notice) as shall be specified in the notice, and
(c) submissions received by the Commission in the manner and within the period specified in the notice shall be made available free of charge by the Commission, to any person wishing to examine them, in such manner and within such period as shall be specified in the notice.
(4) The statements prepared by the Constituency Commission, and any submissions received by it, under this section shall be made available free of charge by the Commission, to any person wishing to examine them, in accordance with a public notice referred to in subsection (1).
(5) The Constituency Commission shall consider every submission made to it in accordance with a public notice referred to in subsection (1).
Staff of and assistance to Constituency Commission.
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paragraphs: — (1) The Minister shall make available to a Constituency Commission such services, including the services of staff, as may reasonably be required by the Commission.
(2) The Director General of the Central Statistics Office and the Chief Executive Officer of Ordnance Survey Ireland shall, on a request being made in that behalf, provide free of charge to a Constituency Commission such assistance as the Commission may reasonably require for the purpose of the performance of its functions.
Expenses of Constituency Commission.
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paragraphs: — The reasonable expenses of a Constituency Commission, including the travelling and other expenses of the members of the Commission, shall, subject to such conditions as the Minister with the consent of the Minister for Finance may determine, be paid out of moneys provided by the Oireachtas.
Procedure of Constituency Commission.
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paragraphs: — Subject to the provisions of this Act, a Constituency Commission shall regulate its own procedure.
Prohibition on disclosure of information.
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paragraphs: — (1) No person shall, without the consent of a Constituency Commission, disclose to any person any information obtained while serving as (or during service as) a member of the Commission or as a person whose services are made available to the Commission under section 11 relative to the business of the Commission or the performance of the functions of the Commission.
(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000.
Prohibition of certain co-mmunications.
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paragraphs: — (1) Subject to the provisions of section 10, it shall not be lawful for any person to communicate with the members of or staff whose services are made available to a Constituency Commission under section 11 for the purposes of influencing the Commission in carrying out its functions.
(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000.”.
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paragraphs: — The European Parliament Elections Act 1997 is amended by substituting the following sections for sections 12 and 13:
“Nomination of candidates and replacement candidates.
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paragraphs: — (1) At a European election a person may nominate himself or herself as a candidate or may, with his or her consent, be nominated by another person (being a person registered as a European elector in the constituency for which the person proposes to nominate the candidate) as proposer.
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paragraphs: — The Second Schedule to the European Parliament Elections Act 1997 is amended by substituting the following rules for rules 2 to 5:
“Notice of election.
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paragraphs: — The returning officer shall, not later than the twenty-eighth day (disregarding any excluded day) before the polling day, give public notice in the form directed by the Minister of the European election (in this Schedule referred to as the ‘notice of election’) stating—
(a) the times for receiving nominations,
(b) the requirement on candidates referred to in section 12(2) to secure 60 assents or make a deposit in accordance with section 13,
(c) the times and place at which nomination papers, replacement candidates lists and the forms of statutory declaration referred to in rule 6 may be obtained,
(d) the times and place at which the returning officer will attend to receive nominations, and
(e) the day and the period fixed for the holding of the poll if the election is contested.
Register of Political Parties.
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paragraphs: — On the day (disregarding any excluded day) before the latest date for the publication of the notice of election, the Registrar of Political Parties shall send to each returning officer a copy of the Register of Political Parties.
Necessity for nomination.
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paragraphs: — A person shall not be entitled to have his or her name inserted in a ballot paper as a candidate at a European election unless that person has been nominated in the manner provided by this Act and the person's nomination paper has been ruled as valid by the returning officer.
Nomination of candidates.
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paragraphs: — (1) Each candidate shall be nominated by a separate nomination paper in the prescribed form. The form of nomination paper may include—
(a) a note of the qualifications, disqualifications and incapacities as regards election to and membership of the Parliament,
(b) a note of the provisions that apply under this Act to the nomination of a candidate referred to in section 12(2), including—
(i) the fact that a candidate referred to in section 12(2) may either follow the procedure for assenting under section 12(2)(a) and (3) or make a deposit under section 13,
(ii) the procedure for assenting under section 12(2)(a) and (3), and
(iii) the procedure for making a deposit under section 13,
(c) a form of statement indicating whether the candidate is—
(i) a citizen of Ireland or a British citizen, or
(ii) a national of a Member State, other than the State or the United Kingdom,
and
(d) a form of declaration, to be signed by the candidate or the candidate's proposer, that he or she has read the note referred to in paragraph (a) and believes that—
(i) the information furnished in the nomination paper is correct in all material respects, and
(ii) the candidate is eligible for election, has consented to the nomination, does not stand validly nominated in respect of any other constituency and is not a candidate at the election in any other Member State.
(2) Each nomination paper shall state the names (the surname being stated first) and the address and the occupation (if any) of the candidate.
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paragraphs: — The Second Schedule to the European Parliament Elections Act 1997 is amended by substituting the following rule for rule 13:
“Ruling on validity of nomination papers.
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paragraphs: — (1) (a) The returning officer shall rule on the validity of each nomination paper within one hour after its delivery to him or her and, subject to paragraph (d), may rule that it is invalid if, but only if, he or she considers that the paper is not properly made out or signed.
(b) Without prejudice to paragraphs (a) and (d), the returning officer may also rule that the nomination paper of a candidate referred to in section 12(2)(a) is invalid if he or she considers that the provisions of section 12(2)(a) and (3) have not been complied with.
(c) The returning officer shall not rule that a nomination paper is invalid because an assentor has assented to the nomination of more than one candidate at the same European election.
(d) The returning officer shall rule invalid any nomination paper relating to a person referred to in rule 6(1) which is not accompanied by both the statutory declaration and the attestation referred to in that rule or where it appears to the returning officer that the said declaration or attestation does not conform with the said rule 6.
(2) The candidate nominated by each nomination paper and the candidate's proposer, if any, and one other person designated by the candidate or proposer, as the case may be, and no other person, except with the permission of the returning officer, shall be entitled to attend while the said nomination paper is being ruled upon by the returning officer.
(3) The returning officer shall object to the name of a candidate in a nomination paper if such name—
(a) is not a name by which the candidate is commonly known,
(b) is misleading and likely to cause confusion,
(c) is unduly long, or
(d) contains a political reference,
and where the returning officer so objects, he or she shall allow the candidate or proposer, as may be appropriate, to amend the name and, if it is not so amended to the returning officer's satisfaction, the returning officer may amend it, as he or she thinks fit, after consultation with the candidate or proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.
(4) The returning officer shall object to the description of a candidate in a nomination paper which is, in the opinion of the returning officer, incorrect, insufficient to identify the candidate or unnecessarily long or which contains a political reference other than, where appropriate, a reference to a public or elected office held, or formerly held, by the candidate or an entry made pursuant to paragraph (3), (4) or (5) of rule 5. Where a returning officer so objects, he or she shall allow the candidate or proposer, as may be appropriate, to amend the description and, if it is not so amended to the returning officer's satisfaction, the returning officer may amend or delete it, as he or she thinks fit, after consultation with the candidate or proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.
(5) Having ruled on the validity of a nomination paper, the returning officer shall put a note of the decision on the nomination paper and shall sign the note. If the returning officer rules that the paper is invalid, the officer shall include a statement of the reasons for the decision. The decision of the returning officer under this rule shall be final subject only to reversal on a petition questioning the election.
(6) As soon as practicable after ruling on the validity of a nomination paper, the returning officer shall give, by post or otherwise, notice in writing of the ruling to the candidate.
(7) Every person in respect of whom a nomination paper has, under this rule, been determined to be valid and whose candidature is not withdrawn in accordance with rule 15 or is not deemed under section 13(2) or rule 27(1) to have been withdrawn shall stand validly nominated as a candidate.”.
num: 13
paragraphs: — The Second Schedule to the European Parliament Elections Act 1997 is amended—
(a) in rule 17—
(i) in paragraph (a)(i) by substituting “six” for “four”, and
(ii) in paragraph (a)(ii) by substituting “four” for “three”,
and
(b) in rule 88 by substituting the following paragraph for paragraph (3):
“(3) When the last vacancies can be filled under this rule, no further transfer of votes shall be made unless any of the continuing candidates has not been credited with a number of votes exceeding one quarter of the quota and it is necessary for the purposes of section 21 of the Electoral Act 1997 or section 13A(1)(e) to make such transfer in order to establish whether such a number of votes could be credited to that candidate.”.
num: 14
paragraphs: — The Schedule to the Electoral Act 1997 is amended by substituting the following subparagraphs for subparagraphs (d) and (dd) of paragraph 2:
“(d) necessary travelling and other expenses incurred by a candidate or an assentor in meeting the requirements of subsections (5)(a) and (6) of section 46 of the Act of 1992 and subsections (2)(a) and (3) of section 12 of the Act of 1997,
(dd) the payment by or on behalf of a candidate of a deposit under section 47 of the Act of 1992 and section 13 of the Act of 1997,”.
num: 15
paragraphs: — The Local Elections Regulations are amended by substituting the following articles for articles 11 to 20:
“Notice of election.
num: 11
paragraphs: — The returning officer shall, not later than the twenty-eighth day before the polling day, give public notice of the election (in these Regulations referred to as the ‘notice of election’) stating:
(a) the times for receiving nominations;
(b) the requirement on candidates referred to in article 14(7) to secure 15 assents or make a deposit in accordance with article 15;
(c) the times and place at which nomination papers may be obtained;
(d) the times and place at which the returning officer will attend to receive nominations; and
(e) the day and the period fixed for the holding of the poll if the election is contested.
Register of political parties.
num: 12
paragraphs: — On the day (disregarding any excluded day) before the latest day for the publication of the notice of election, the Registrar of Political Parties shall send to each returning officer a copy of the Register of Political Parties.
Necessity for nomination.
num: 13
paragraphs: — A person shall not be entitled to have his or her name entered in a ballot paper as a candidate at an election unless that person has been nominated in the manner provided by these Regulations and the person's nomination paper has been ruled as valid by the returning officer.
Nomination of candidates.
num: 14
paragraphs: — (1) At an election a person may nominate himself or herself as a candidate or may, with his or her consent, be nominated by another person (being a person registered as an elector in the area of the local authority for which the person proposes to nominate the candidate) as proposer.
(2) Each candidate shall be nominated by a separate nomination paper in the form directed by the Minister.
(3) A separate nomination paper shall be required for each local electoral area for which a candidate is nominated.
(4) Each nomination paper shall state the names (the surname being stated first) and the address and occupation (if any) of the candidate.
num: 16
paragraphs: — The Local Elections Regulations are amended by substituting the following sub-article for sub-article (8) of article 83:
“(8) The returning officer shall not transfer the surplus of a candidate deemed to be elected whenever that surplus, together with any other surplus not transferred, is less than both the difference between the quota and the number of votes credited to the highest continuing candidate and the difference between the numbers of the votes credited to the two lowest continuing candidates and, in cases where the lowest candidate, or someone on his or her behalf, made a deposit in accordance with article 15 at the election concerned, either—
(a) the number of votes credited to the lowest candidate is greater than one quarter of the quota, or
(b) the sum of the number of votes credited to the lowest candidate together with that surplus and any other surplus not transferred is not greater than one quarter of the quota.”.
num: 17
paragraphs: — The Local Elections Regulations are amended by substituting the following sub-article for sub-article (2) of article 84:
“(2) Where the total of the votes of the two or more lowest candidates, together with any surplus not transferred, is less than the number of votes credited to the next highest candidate, the returning officer shall in one operation exclude such two or more lowest candidates provided that—
(a) in cases where the second lowest candidate, or someone on his or her behalf, made a deposit in accordance with article 15 at the election concerned, the number of votes credited to that candidate is greater than one quarter of the quota, or
(b) in cases where any one of such two or more lowest candidates, or someone on his or her behalf, made a deposit in accordance with article 15 at the election concerned and the number of votes credited to any such candidate does not exceed one quarter of the quota, it is clear that the exclusion of the candidates separately in accordance with sub-article (1) and the transfer of any untransferred surplus could not result in a number of votes exceeding one quarter of the quota being credited to that candidate.”.
num: 18
paragraphs: — The Local Elections Regulations are amended by inserting the following sub-article after sub-article (2) of article 86:
“(3) When the last vacancies can be filled under this article, no further transfer of votes shall be made unless any of the continuing candidates has not been credited with a number of votes exceeding one quarter of the quota and it is necessary for the purposes of article 16(1)(f) to make such transfer in order to establish whether such a number of votes could be credited to that candidate.”.
num: 19
paragraphs: — The Local Elections (Disclosure of Donations and Expenditure) Act 1999 is amended in section 6(1)(b) by substituting the following subparagraph for subparagraph (i):
“(i) (I) necessary travelling and other expenses incurred by a candidate or an assentor in meeting the requirements of article 14(7)(a) and (8) of the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 ), or
(II) the payment by or on behalf of a candidate of a deposit under article 15 of the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 );”.
num: 20
paragraphs: — (1) The Local Elections Regulations shall have statutory effect as if they were an Act of the Oireachtas.
(2) If subsection (1) would, but for this subsection, conflict with a constitutional right of any person, the operation of subsection (1) shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.