Electoral (Amendment) (No. 2) Act, 1986
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —In this Act—
“the Act of 1923” means the Electoral Act, 1923 ;
“the Act of 1963” means the Electoral Act, 1963 ;
“the Acts” means, as the context may require, the Electoral Acts, 1923 to 1986, the European Assembly Elections Acts, 1977 to 1986, the Presidential Elections Acts, 1937 to 1985, and the Referendum Acts, 1942 to 1986;
“appropriate time” has the meaning specified in section 10 of this Act;
“ballot paper envelope” has (other than in section 16 of this Act) the meaning specified in section 10 of this Act;
“covering envelope” has (other than in section 16 of this Act) the meaning specified in section 10 of this Act;
“election” means, as the context may require, a DÃ¡il election, a European Assembly election, a presidential election, a referendum or a local election and “elector” shall be construed accordingly;
“medical practitioner” means a person whose name is entered in the General Register of Medical Practitioners established under the Medical Practitioners Act, 1978 ;
“prescribed” means prescribed by Regulations made by the Minister;
“qualifying date” means the date specified by the Minister in Regulations made pursuant to section 5 (6) (a) of the Act of 1963;
“returning officer” means, as the context may require, the returning officer at a DÃ¡il election or at a local election or the local returning officer at a presidential election, at a European Assembly election or at a referendum;
“special presiding officer” means a person appointed to be a special presiding officer pursuant to section 9 of this Act;
“special voter” means a person whose name is included in the special voters list;
“special voters list” means the list of voters prepared by the registration authority pursuant to section 2 of this Act.
num: 2
paragraphs: —(1) The registration authority shall prepare a separate list (in this Act referred to as the “special voters list”) of persons (in this Act referred to as “special voters”) entitled to vote at an election in accordance with the provisions of this Act without removing the names of the special voters from the register of electors.
(2) The special voters list shall be in such form as the Minister may direct.
(3) An elector whose name is entered in the special voters list shall be entitled to vote in accordance with the provisions of section 11 of this Act and shall not be entitled to vote in any other manner.
(4) The provisions of the Acts in relation to the issue of polling cards shall not apply to special voters.
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paragraphs: —(1) The registration authority shall enter in the special voters list the name of every elector who applies to be so entered and who satisfies the registration authority that—
(a) he is unable to go in person to vote at the polling place for his polling district by reason of physical illness or physical disability suffered by him;
(b) the physical illness or physical disability is likely to continue for the period of continuance in force of the register of electors in respect of which the application to be entered as a special voter is made; and
(c) he is of sound mind and understanding and is capable of comprehending the act of voting.
(2) The following provisions shall apply in relation to an application to be entered in the special voters list pursuant to subsection (1) of this section—
(a) the application shall be in the prescribed form;
(b) the application shall be completed in accordance with the instructions provided thereon;
(c) the application shall be accompanied by the certificate referred to in section 4 of this Act;
(d) the application form, duly completed, and the certificate referred to in section 4 of this Act shall be delivered, or sent by post, so as to be received by the registration authority not later than the prescribed date.
num: 4
paragraphs: —An applicant to be included in the special voters list shall furnish in support of his application a certificate in the prescribed form from a medical practitioner certifying—
(a) the nature and extent of the physical illness or physical disability suffered by such applicant,
(b) an estimate of the duration of such physical illness or physical disability,
(c) that the applicant is of sound mind and understanding and is capable of comprehending the act of voting.
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paragraphs: —(1) An applicant to be included in the special voters list shall furnish to the registration authority any information or documents in his possession or procurement which the registration authority may require from him—
(a) so as to be satisfied that the applicant is a person to whom section 3 (1) of this Act applies, or
(b) for the purpose of their duties in relation to the preparation of the special voters list.
(2) Whenever a registration authority requires, pursuant to subsection (1) of this section, information or documents from an applicant to be included in the special voters list, such applicant shall furnish the authority with the information or documents within the time (being not less than 7 days from the day on which the request is made) specified in the requirement and, if the applicant does not supply the required information or, as the case may be, documents within the time so specified, his application to be included in the special voters list shall be deemed to have been withdrawn.
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paragraphs: —The registration authority shall, within such period as may be prescribed, arrange for the giving of public notice of—
(a) the category of electors entitled to apply to be entered in the special voters list;
(b) the manner in which, and the time before which, applications must be submitted; and
(c) the times and places at which application forms may be obtained.
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paragraphs: —The registration authority shall arrange for the provision of application forms at such times and places as are specified in a notice published pursuant to section 6 of this Act, and an application form shall be supplied free of charge to any person applying therefor.
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paragraphs: —(1) Where the registration authority is satisfied that an applicant—
(a) is a person to whom section 3 (1) of this Act applies, and
(b) has duly completed his application form, and
(c) has submitted the certificate required pursuant to section 4 of this Act,
the registration authority shall—
(i) rule that the application is granted and mark the application form accordingly, and
(ii) notify the applicant of the decision.
(2) Where the registration authority is not satisfied that an applicant—
(a) is a person to whom section 3 (1) of this Act applies, or
(b) has duly completed his application form, or
(c) has submitted the certificate required pursuant to section 4 of this Act,
the registration authority shall—
(i) rule that the application is refused and mark the application form accordingly, and
(ii) notify the applicant of the decision and of the reasons therefor.
(3) Whenever an application is received by a registration authority after the prescribed date, the application shall be disregarded and the applicant shall be notified accordingly.
num: 9
paragraphs: —(1) The returning officer shall, as circumstances may require, for the purposes of this Act appoint one, or more than one, person to be a special presiding officer to carry out the functions conferred on a special presiding officer by this Act.
(2) The provisions of the Acts relating to the powers, rights and duties of a presiding officer appointed for a polling station at an election shall apply to a special presiding officer appointed under this section as if he were a presiding officer so appointed and as if the place where the special voter is casting his vote were a polling station at an election.
(3) The returning officer may perform all or any of the functions of a special presiding officer appointed under this section and the provisions of subsection (2) of this section shall apply to the returning officer while he is so performing.
(4) The provisions of the Acts relating to the right of an elector to request that his ballot paper be marked for him by a companion shall not apply in relation to a special voter.
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paragraphs: —(1) At the appropriate time, the returning officer shall in relation to an election cause to be delivered pursuant to section 11 of this Act to every special voter entitled to vote at that election, the following—
(a) a ballot paper for the election;
(b) a form of declaration of identity in the prescribed form;
(c) an envelope marked (and in this Act referred to as a) “ballot paper envelope”; and
(d) an envelope addressed to the returning officer (in this Act referred to as a “covering envelope”).
(2) In this section “appropriate time” means, as the context may require—
(a) in relation to a DÃ¡il election, a presidential election, a European Assembly election or a local election, as soon as practicable after the adjournment of the election for the purpose of taking a poll; or
(b) in relation to a referendum, as soon as practicable after the date of the order of the Minister appointing the polling day at the referendum.
num: 11
paragraphs: —(1) At an election, a special presiding officer shall, in the presence of a member of the Garda SÃ­ochÃ¡na, deliver to the special voter the form of declaration of identity referred to in section 10 of this Act.
(2) No person other than the special presiding officer and the member of the Garda SÃ­ochÃ¡na shall be present when the special voter is voting pursuant to this section.
(3) The special voter shall complete the declaration of identity and shall sign it or, if he is unable to write, place his mark thereon and the said signature, or as the case may be mark, shall be witnessed by the special presiding officer.
(4) The special presiding officer shall, on being satisfied as to the identity of the special voter, mark a ballot paper with the official mark and deliver it to the special voter together with a ballot paper envelope.
(5) The special presiding officer shall, as soon as he has given the ballot paper and the ballot paper envelope to the special voter, place a mark against the name of the special voter concerned on a copy of the special voters list to denote that a ballot paper has been issued to such voter but without showing the number of the ballot paper so issued.
(6) The special voter shall thereupon record in secret his vote upon the ballot paper and, when he has so recorded his vote, shall fold the ballot paper so that his vote is concealed and place the ballot paper, so folded, in the ballot paper envelope and seal the envelope and hand the ballot paper envelope to the special presiding officer.
(7) The special presiding officer shall, as soon as he has received the ballot paper envelope, place it together with the completed declaration of identity in a covering envelope which he shall thereupon seal and to which he shall affix a label in the prescribed form signed by himself and the member of the Garda SÃ­ochÃ¡na.
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paragraphs: —(1) The special presiding officer shall, before the time fixed for the close of the poll at the election concerned, deliver to the returning officer every covering envelope referred to in section 11 (7) of this Act.
(2) On the completion of voting by special voters, each special presiding officer shall seal up, in separate packets—
(a) the unused ballot papers and any spoilt ballot papers, placed together;
(b) the counterfoils of the ballot papers;
(c) the marked copy of the special voters list;
(d) a ballot paper account in the prescribed form completed by him;
(e) the marking instrument, any unused stationery and any other documents or materials in his possession which relate to voting by special voters at the election;
and he shall deliver all such packets to the returning officer.
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paragraphs: —(1) The returning officer shall deal with the packets delivered to him by a special presiding officer pursuant to section 12 of this Act in the same manner as he would deal, in accordance with the provisions of the Acts, with other packets containing similar documents and materials relating to an election.
(2) The returning officer shall place the covering envelopes returned to him by a special presiding officer pursuant to section 12 of this Act in the postal voters ballot box and the covering envelopes and the documents contained therein shall thereafter be treated as if they were envelopes and documents returned to the returning officer by postal voters.
(3) In the application of the provisions of the Acts relating to postal voters to special voters—
(a) a reference to “receipt” shall, in relation to documents appropriate to special voters, be construed as a reference to “declaration of identity”, and
(b) a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed”, and
(c) if the covering envelope does not have the label referred to in section 11 of this Act attached thereto or if such label is not duly signed by the special presiding officer and the member of the Garda SÃ­ochÃ¡na, the returning officer shall reject the covering envelope and deal with it as if it were a receipt which had not been duly signed.
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paragraphs: —Where, not less than 7 days before polling day, an elector, whose name is not on the postal voters list or the special voters list, satisfies the returning officer that he is unable, by reason of physical illness or physical disability suffered by him, to vote at the polling station at which he would otherwise be entitled to vote, the returning officer may, if he is of opinion that it would be more convenient for the elector because of his physical illness or physical disability to vote at another polling station situate—
(a) in the case of a European Assembly election, in the same county or county borough, or
(b) in the case of a local election, in the same local electoral area, or
(c) in any other case, in the same constituency,
in writing authorise the elector to vote at such polling station as may be specified in the authorisation instead of the polling station at which the elector would otherwise be entitled to vote.
num: 15
paragraphs: —(1) In this section—
“appropriate registration authority” means the registration authority for the area in which the premises referred to in subsection (3) (a) of this section are situate;
“civil servant” and “civil service” have the same meanings, respectively, as in the Civil Service Regulation Act, 1956 ;
“qualified person” means a citizen of Ireland who has reached the age of 18 years and is a civil servant and is a member of a mission and who, for the time being, because of the requirements of his duties, is serving outside the State;
“member of a mission” means a person—
num: 16
paragraphs: —(1) The provisions of the Acts in relation to postal voting shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to section 15 of this Act subject to the following modifications—
(a) an elector whose name is so entered in the postal voters list, in order to cast his vote, shall, in the presence of an authorised person and no other person, do the following things in the following order—
(i) produce to the authorised person a ballot paper (in relation to which the authorised person shall satisfy himself that it is unmarked) and a form of declaration of identity in the prescribed form;
(ii) complete and sign the said declaration of identity;
(iii) hand the declaration of identity to the authorised person who shall, if he is satisfied as to the identity of the person who has signed the declaration of identity, witness the signature;
(iv) mark, in secret, his ballot paper;
(v) place the marked ballot paper in the ballot paper envelope and effectually seal such envelope;
(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope.
(b) a reference to “receipt”, in relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”, and
(c) a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed”.
(2) In this section—
“authorised person” means a person appointed by the Secretary of the Department of Foreign Affairs to be an authorised person for the purposes of this section;
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paragraphs: —Rule 9 (substituted by the Act of 1963) of Part I of the Fifth Schedule to the Act of 1923 is hereby amended by—
(a) the insertion after paragraph (1) of the following paragraph:
“(1A) The returning officer shall object to the name of a candidate in a nomination paper if such name—
(a) is not the name by which the candidate is commonly known; or
(b) is misleading and likely to cause confusion; or
(c) is unnecessarily long; or
(d) contains a political reference;
and where a returning officer so objects, he shall allow the candidate or his 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 thinks fit, after consultation with the candidate or his proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.”,
and
(b) the insertion in paragraph (2) after “unnecessarily long” of “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” and the said paragraph, as so amended, is set out in the Table to this paragraph.
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(2) The returning officer shall object to the description of a candidate in a nomination paper which is, in his opinion, 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; where a returning officer so objects, he shall allow the candidate or his 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 thinks fit, after consultation with the candidate or his proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.
num: 18
paragraphs: —Rule 10 of the First Schedule to the European Assembly Elections Act, 1977 is hereby amended by—
(a) the insertion after paragraph (1) of the following paragraph:
“(1A) The returning officer shall object to the name of a candidate in a nomination paper if such name—
(a) is not the name by which the candidate is commonly known; or
(b) is misleading and likely to cause confusion; or
(c) is unnecessarily long; or
(d) contains a political reference;
and where a returning officer so objects, he shall allow the candidate or his 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 thinks fit, after consultation with the candidate or his proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.”,
and
(b) the insertion in paragraph (3) after “unnecessarily long” of “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” and the said paragraph, as so amended, is set out in the Table to this paragraph.
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(3) The returning officer shall object to the description of a candidate in a nomination paper which is, in his opinion, 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. Where a returning officer so objects, he shall allow the candidate or his 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 thinks fit, after consultation with the candidate or his proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.
num: 19
paragraphs: —Article 22 of the Local Elections Regulations, 1965 (S.I. No. 128 of 1965), is hereby amended by—
(a) the insertion after paragraph (1) of the following paragraph:
“(1A) The returning officer shall object to the name of a candidate in a nomination paper if such name—
(a) is not the name by which the candidate is commonly known; or
(b) is misleading and likely to cause confusion; or
(c) is unnecessarily long; or
(d) contains a political reference;
and where a returning officer so objects, he shall allow the candidate or his 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 thinks fit, after consultation with the candidate or his proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.”,
and
(b) the insertion in paragraph (2) after “unnecessarily long” of “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” and the said paragraph, as so amended, is set out in the Table to this paragraph.
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(2) The returning officer shall object to the description of a candidate in a nomination paper which is, in his opinion, 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. Where a returning officer so objects, he shall allow the candidate or his 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 thinks fit, after consultation with the candidate or his proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.
num: 20
paragraphs: —(1) Sections 26 (which relates to the right to vote at a DÃ¡il election), 51 (which relates to the right to vote at a presidential election), 70 (which relates to the right to vote at a referendum), and 85 (which relates to the right to vote at a local election) of the Act of 1963, and Rule 47 (which relates to the right to vote at an Assembly election) of the First Schedule to the European Assembly Elections Act, 1977 , shall be construed and have effect subject to the following modification, that is to say, the returning officer or the presiding officer may and, if so required on behalf of any candidate or personation agent present in the polling station at an election, shall, request any person at the time of his applying for a ballot paper, but not afterwards, to produce a specified document and, if the person fails to produce such a document, or if the returning officer or the presiding officer is not satisfied that the person is the person to whom the document relates, such person shall not be permitted to vote.
(2) For the purposes of the modification of the Act of 1963 and of the European Assembly Elections Act, 1977 , effected by subsection (1) of this section, “specified document” means such document as may be prescribed.
num: 21
paragraphs: —The Act of 1923 is hereby amended by the substitution for the Fourth Schedule (as amended by the Electoral Act, 1960 , the Act of 1963, the Electoral (Amendment) Act, 1972 , and the Postal and Telecommunications Services Act, 1983 ) thereto of the matter set out in the Schedule to this Act.
num: 22
paragraphs: —Section 7 of the Act of 1963 is hereby amended by the substitution in subsection (3) for “twenty pounds” of “five hundred pounds” and the said subsection, as so amended, is set out in the Table to this section.
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(3) If any person, having been duly required pursuant to regulations under this section to give any information in his possession which the registration authority or county registrar may require for the purposes of their duties, fails to give the information or gives false information, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five hundred pounds.
num: 23
paragraphs: — Section 1 of the European Assembly Elections Act, 1977 , is hereby amended by the substitution for the definition of “the postal voters list” of the following definition:
‘“the postal voters list’ means the list prepared pursuant to section 7 (4) of the Act of 1963 as extended by section 15 of the Electoral (Amendment) (No. 2) Act, 1986;”.
num: 24
paragraphs: —(1) Any person who—
(a) in relation to an application pursuant to section 3 of this Act, or to a statement pursuant to section 15 of this Act, knowingly gives any information which is false or misleading, or
(b) applies in the name of another person to be entered in the special voters list, or
(c) makes a statement pursuant to section 15 of this Act in the name of another person,
shall be guilty of an offence.
(2) Any person who—
num: 25
paragraphs: —(1) The Minister may make Regulations for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.
(2) Every Regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the Regulation is passed by either such House within the next twenty-one days on which that House has sat after the Regulation is laid before it, the Regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
num: 26
paragraphs: —(1) The provisions of section 7 (9) of the Act of 1963 shall apply to the expenses incurred by a registration authority in preparing, pursuant to this Act, the special voters list.
(2) The services rendered and expenses incurred by a returning officer in complying with the provisions of this Act shall be services rendered or expenses incurred by such returning officer for the purposes of an election.
num: 27
paragraphs: —(1) The Local Elections (Postal Voting) Regulations, 1974 (S.I. No. 118 of 1974), and the Local Elections (Postal Voting) (Amendment) Regulations, 1985 (S.I No. 68 of 1985), are hereby revoked.
(2) The Local Elections Regulations, 1965 (S.I. No. 128 of 1965), shall be construed and have effect as if the Regulations revoked by subsection (1) of this section had not been made.
num: 28
paragraphs: —(1) This Act may be cited as the Electoral (Amendment) (No. 2) Act, 1986.
(2) The collective citation “the Electoral Acts, 1923 to 1986” shall include this Act.
(3) The collective citation “the European Assembly Elections Acts, 1977 to 1986” shall include this Act in so far as this Act relates to European Assembly elections.
(4) This Act, in so far as it relates to presidential elections, and the Presidential Elections Acts, 1937 to 1985, may be cited together as the Presidential Elections Acts, 1937 to 1986.
(5) The collective citation “the Referendum Acts, 1942 to 1986” shall include this Act in so far as this Act relates to referenda.
(6) This Act, in so far as it relates to local elections, and the Local Elections Acts, 1963 to 1974, may be cited together as the Local Elections Acts, 1963 to 1986.
(7) The Electoral Acts, 1923 to 1986, shall be construed together as one Act.
(8) The European Assembly Elections Acts, 1977 to 1986, shall be construed together as one Act.
(9) The Presidential Elections Acts, 1937 to 1986, shall be construed together as one Act.
(10) The Referendum Acts, 1942 to 1986, shall be construed together as one Act.