Electoral Act , 1992

PART I General

1 Short title, collective citation, construction and commencement.

1.—(1) This Act may be cited as the Electoral Act, 1992.

(2) The Presidential Elections Acts, 1937 to 1986 and Part II insofar as it relates to presidential electors and Part XXIII insofar as it relates to presidential elections may be cited together as the Presidential Elections Acts, 1937 to 1992, and shall be construed together as one Act.

(3) The European Assembly Elections Acts, 1977 to 1986 and Part II insofar as it relates to European electors and Parts III and XXIII insofar as they relate to European elections may be cited together as the European Assembly Elections Acts, 1977 to 1992, and shall be construed together as one Act.

(4) The collective citation “the Referendum Acts 1942 to 1992” shall include Part XXIII insofar as it relates to referenda and the Referendum Acts 1942 to 1992 shall be construed together as one Act.

(5) The Local Elections Acts, 1963 to 1991 and Part II insofar as it relates to local government electors and Part XXIII insofar as it relates to local elections may be cited together as the Local Elections Acts, 1963 to 1992, and shall be construed together as one Act.

(6) This Act, other than this section, shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister 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.

(7) An order made under subsection (6) shall be laid before each House of the Oireachtas as soon as possible after it is made.

2 Interpretation.

2.—(1) In this Act—

“ballot paper” has the meaning assigned to it by section 88;

“bye-election” means an election of a member of the Dáil to fill a vacancy occasioned by a person having ceased to be a member of the Dáil otherwise than in consequence of a dissolution;

“certificate of political affiliation” has the meaning assigned to it by section 46;

“civil servant” and “civil service” have the same meaning, respectively, as in the Civil Service Regulation Act, 1956 as amended by section 17 of the Staff of the Houses of the Oireachtas Act, 1959;

“covering envelope” has the meaning assigned to it by sections 68 and 81;

“Dáil” means Dáil Éireann;

“Dáil election” means an election of a member or members to serve in the Dáil and includes a bye-election as well as a general election;

“Dáil elector” means a person entitled to vote at a Dáil election;

“the Defence Forces” has the meaning assigned to it by section 2 of the Defence Act, 1954;

“election”, except where the context otherwise requires, means a Dáil election;

“elector”, except where the context otherwise requires, means a Dáil elector;

“European Communities” has the same meaning as in the European Communities Acts, 1972 to 1986;

“European election” means an election in the State of members to the European Parliament and “European elector” means a person entitled to vote at such election;

“European Parliament” means the Parliament of the European Communities;

“excluded day” means a day which is a Sunday, Good Friday or a day which is declared to be a public holiday by the Holidays (Employees) Act, 1973, or a day which by virtue of a statute or proclamation is a public holiday;

“general election” means a general election for members of the Dáil held in accordance with subsection 2 of section 3 of Article 16 of the Constitution;

“local electoral area” means the area or any of the areas (as may be appropriate) by reference to which a local election is held;

“local election” means an election held pursuant to section 81 of the Electoral Act, 1963, or a new election within the meaning of Part IV of the Local Government Act, 1941;

“local government elector” means a person entitled to vote at a local election;

“Member State” means, except in section 8, a Member State of the European Communities;

“the Minister” means the Minister for the Environment;

“national of a Member State”, except in section 8, has the meaning assigned to it in the treaties governing the European Communities;

“notice of election” has the meaning assigned to it by section 44;

“notice of poll” has the meaning assigned to it by section 87;

“the official mark” has the meaning assigned to it by section 89;

“personation agent” has the meaning assigned to it by section 60;

“petition” means a petition presented to the High Court under this Act;

“postal voter” means a person whose name is entered in the postal voters list;

“postal voters ballot box” has the meaning assigned to it by section 69;

“postal voters list” means the list prepared pursuant to section 14;

“presidential election” means an election of a person to the office of President of Ireland;

“presidential elector” has the meaning assigned to it by section 7;

“the quota” has the meaning assigned to it by section 120;

“Seanad” means Seanad Éireann;

“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 17;

“the treaties governing the European Communities” has the same meaning as in the European Communities Acts, 1972 to 1986.

(2) In this Act—

(a) a reference to a Part, section, Schedule or part of a Schedule is to a Part or section of or a Schedule or part of a Schedule to this Act, unless it is indicated that reference to some other enactment is intended;

(b) a reference to a subsection, paragraph, subparagraph or rule is to a subsection, paragraph, subparagraph or rule of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended;

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

3 Regulations.

3.—(1) The Minister may make regulations prescribing any matter or thing that is referred to in this Act as prescribed.

(2) Every regulation made under this Act (other than regulations made under section 20) 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.

4 Expenses.

4.—(1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) The expenses incurred by reason of this Act by An Post (whether such expenses relate to the exercise by candidates of the right of free postage conferred by section 57 or are otherwise so incurred in relation to a Dáil election) 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.

5 Repeals.

5.—The enactments mentioned in Part I of the First Schedule are hereby repealed, and the regulations mentioned in Part II of the said Schedule are hereby revoked, to the extent specified in the third column of that Schedule.

PART II Franchise and Registration of Electors

6 Interpretation (Part II).

6.—In this Part, and in the Second Schedule—

“constituency” means, as the context may require, a constituency for which candidates may be elected at a Dáil election or a European election;

“Dáil constituency” means a constituency for which candidates may be elected at a Dáil election;

“elector” means, as the context may require, a presidential elector, a Dáil elector, a European elector or a local government elector;

“local authority” means the council of a county, the corporation of a county or other borough, the council of an urban district and the commissioners of a town;

“medical practitioner” means a person whose name is entered in the General Register of Medical Practitioners established under the Medical Practitioners Act, 1978;

“polling district” means a polling district in a scheme in force under section 28;

“the register” means, as the context may require, the register of presidential, Dáil, European and local government electors or the register of presidential electors or the register of Dáil electors or the register of European electors or the register of local government electors and, where the context so requires, includes the supplement to the register, the postal voters list and the special voters list;

“registration area” means an administrative county or county borough;

“registration authority” means the council of a county or the corporation of a county borough;

“the county registrar” means the county registrar for the county, county borough or other area coterminous with or contained in a registration area or a person appointed or designated under Rule 24 of the Second Schedule to perform the duties of a county registrar;

“qualifying date” has the meaning assigned to it in section 11 (2);

“the specified date” means, in relation to any purpose, the date specified in the Second Schedule as the specified date for that purpose.

7 Registration of presidential electors.

7.—(1) A person shall be entitled to be registered as a presidential elector in a constituency if he has reached the age of eighteen years and if he was, on the qualifying date—

(a) a citizen of Ireland, and

(b) ordinarily resident in that constituency.

(2) For the purposes of—

(i) the Presidential Elections Acts, 1937 to 1992,

(ii) the Referendum Acts, 1942 to 1992, and

(iii) this Act,

“presidential elector” means a person entitled to vote at an election of a person to the office of President of Ireland.

(3) In the Presidential Elections Acts, 1937 to 1992 “elector”, when used alone, means a person described in subsection (1).

8 Registration of Dáil electors.

8.—(1) A person shall be entitled to be registered as a Dáil elector in a constituency if he has reached the age of eighteen years and he was, on the qualifying date—

(a) a citizen of Ireland, and

(b) ordinarily resident in that constituency.

(2) (a) In addition to those entitled to be registered under subsection (1) a person shall be entitled to be registered as a Dáil elector in a constituency if he is a person who has reached the age of eighteen years and who on the qualifying date—

(i) complied with the requirement of subsection (1) (b), and

(ii) was either—

(I) a British citizen, or

(II) a national of a Member State to which this subsection applied on that date.

(b) This subsection applies to a Member State which is for the time being the subject of a declaration under subsection (3).

(3) Where the Minister is of opinion that—

(a) the law of a Member State relating to the election of members of, or deputies or other representatives in or to, the National Parliament of that Member State enables citizens of Ireland, by reason of their being such citizens and being resident in that Member State, to vote at such an election, and

(b) the provisions of that law enabling citizens of Ireland who are so resident so to vote are the same, or are substantially the same, as those enabling nationals of that Member State so to vote,

the Minister may by order declare that Member State to be a Member State to which subsection (2) applies.

(4) (a) The Minister may by order specify criteria or other matters to which regard shall be had in order to determine whether or not a person is for the purpose of this section a national of a Member State and such order may provide that the provisions of the order shall relate to all Member States or to such one or more Member States as are specified in the order.

(b) An order under this subsection may amend the definition of “a British citizen” in paragraph (a) of subsection (7) or the provisions of paragraph (b) of the said subsection (7).

(c) In this subsection—

“Member State” means a Member State of the European Communities other than the State;

“national of a Member State” shall not be construed as referring to the State, or as including a citizen of the State.

(5) Where—

(a) an order under subsection (4) is for the time being in force, and

(b) a Member State to which the order applies is for the time being a Member State to which subsection (2) applies,

clause (II) of subsection (2) (a) (ii) shall be construed and have effect subject to the provisions of the order.

(6) (a) The Minister may revoke or amend an order under this section (including an order under this subsection).

(b) Where an order under this section (including an order under this subsection) is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(7) (a) Subject to subsection (4), in this section—

“a British citizen” means a person who under the Act of the British Parliament entitled the British Nationality Act 1981 is a British citizen;

“Member State”, except in subsection (4), means a Member State other than the State or the United Kingdom;

“national of a Member State”, except in subsection (4), shall not be construed as referring to the United Kingdom or as including a British citizen.

(b) The reference in paragraph (a) to the Act of the British Parliament mentioned in that paragraph is a reference to that Act as enacted by that Parliament on the 30th day of October, 1981.

9 Registration of European electors.

9.—A person shall be entitled to be registered as a European elector in a constituency if he has reached the age of eighteen years and if, on the qualifying date, he was ordinarily resident in that constituency and was either—

(a) a citizen of Ireland, or

(b) a national of a Member State other than the State.

10 Registration of local government electors.

10.—A person shall be entitled to be registered as a local government elector in a local electoral area if he has reached the age ofeighteen years and he was, on the qualifying date, ordinarily resident in that area.

11 General provisions relating to the registration of electors.

11.—(1) (a) A person shall not be registered as an elector more than once in any registration area nor in more than one such area.

(b) Where it appears that a person may, prima facie, be eligible for registration in respect of two or more premises, the question of which of such premises he shall be registered for shall, subject to any expression of choice by such person, be determined by the registration authority.

(c) Where the premises referred to in paragraph (b) are situated in two or more registration areas, the registration authority for each such area shall take such steps as it considers necessary to ensure that the person is not registered in respect of more than one such registration area.

(d) The provisions of sections 7, 8, 9 and 10 shall have effect subject to the provisions of this subsection.

(2) (a) The qualifying date for every register of electors shall be the date specified for that purpose in the Second Schedule.

(b) For the purposes of this Part, a person's age shall be taken to be that person's age on the date specified for that purpose in the Second Schedule.

(3) For the purposes of this Part—

(a) a person shall be deemed not to have given up ordinary residence if he intends to resume residence within eighteen months after giving it up,

(b) a written statement by a person that he intends to resume residence within eighteen months after giving it up shall, in the absence of evidence to the contrary, be accepted as a correct statement.

(4) (a) Where an elector who is a whole time member of the Defence Forces is resident in any barrack or other premises used for military purposes and there are premises in which he would, but for his service, be ordinarily resident on the qualifying date and, not later than the last day for making claims for registration, he furnishes to the registration authority for the registration area in which the last-mentioned premises are situate, a statement of such premises the statement shall, in the absence of evidence to the contrary, be accepted as a correct statement and he shall be registered in respect of those premises.

(b) (i) In this subsection “a whole time member of the Defence Forces” means—

(I) a member of the Permanent Defence Force, or

(II) an officer of the Reserve Defence Force employed continuously on military service or duty during a period during which a proclamation authorising the calling out of reservists on permanent service is in force, or during a period during which reservists are called out on permanent service under section 88 of the Defence Act, 1954, or

(III) a reservist called out on permanent service.

(ii) In the foregoing subparagraph “the Permanent Defence Force”, “officer”, “the Reserve Defence Force”, “proclamation authorising the calling out of reservists on permanent service” and “reservist” have the same meanings respectively as they have in the Defence Act, 1954.

(5) Where on the qualifying date, a person is detained in any premises in legal custody, he shall be deemed for the purposes of this section to be ordinarily resident in the place where he would have been residing but for his having been so detained in legal custody.

(6) Where on the qualifying date, a person is a patient or inmate in any hospital or home for persons suffering from mental disability or similar institution, he shall be deemed for the purposes of this section to be ordinarily resident in—

(a) in case the place where he would have been residing but for his having been such a patient or inmate can be ascertained by the registration authority — that place,

(b) in case the place mentioned in paragraph (a) cannot be ascertained by the registration authority — the place where he last resided before he became such a patient or inmate.