Electoral Act , 1992

130.—(1) No person shall be allowed to inspect any of the documents mentioned in subsection (2) except under an order of the High Court.

(2) The documents referred to in subsection (1) are—

(a) the counterfoils of the ballot papers sent to postal voters under section 68,

(b) the counterfoils of the ballot papers delivered to special voters under section 82,

(c) the documents referred to in subsections (2) and (3) of section 76, and

(d) the documents referred to in subsection (1) of section 129.

(3) An order referred to in subsection (1) shall not be made unless the court is satisfied that the inspection or production of such documents is required for the purposes of instituting or maintaining a prosecution for an offence under this Act or for the purpose of a petition.

(4) An order referred to in subsection (1) may be made subject to such conditions as to persons, time and place and mode of inspection or production as the court may think expedient and shall make provision to ensure that the manner in which any voter voted shall not be disclosed.

(5) Where an order is made for the production by the Clerk of the Dáil of any document in his possession relating to a Dáil election, the production by or on behalf of the Clerk of the Dáil of that document shall be sufficient to prove that the document relates to the specified election; and any endorsement appearing on any packet so produced shall be, until the contrary is shown, sufficient evidence that the contents of such packet are what they are stated to be in such endorsement.

131 Inspection of certain other documents.

131.—All documents sent by a returning officer in pursuance of this Act to the Clerk of the Dáil, other than documents referred to in section 130, shall be open to public inspection at such time and under such conditions as may be specified by the Clerk of the Dáil. The Clerk of the Dáil shall supply copies of or extracts from the said documents to any person demanding the same, on payment of such fees not exceeding the reasonable cost of copying and subject to such conditions as may be sanctioned by the Minister for Finance.

PART XXI Dáil Election Petitions

132 Questioning of Dáil elections.

132.—(1) A Dáil election may, and may only, be questioned by a petition to the High Court.

(2) The provisions of the Third Schedule shall have effect as regards a petition.

(3) (a) Subject to paragraph (b) and Rule 2 (2) of the Third Schedule a petition shall not be accepted for lodgment with the court unless the petitioner lodges with the petition security in the sum of £5,000 for costs which may become payable by him.

(b) Where the court is satisfied that a petitioner is unable to lodge the amount specified in paragraph (a) or that to require a petitioner to lodge the said amount would cause him serious hardship, the court may require him to lodge such lesser amount as the court considers appropriate.

(4) A petition may be presented by any person who is registered or entitled to be registered as a Dáil elector in the constituency but may only be presented within a period specified in Rule 3 of the Third Schedule.

(5) A Dáil election may be questioned on the grounds of want of eligibility, the commission of an offence referred to in Part XXII, obstruction of or interference with or other hindrance to the conduct of the election or mistake or other irregularity which is likely to have affected the result of the election.

(6) Any party to a petition may appeal on a question of law to the Supreme Court against a decision of the High Court on the petition and subject to the foregoing the decision of the High Court shall be final and not appealable.

(7) At the trial of a petition the High Court shall determine the matter at issue in the petition and, if it does not dismiss the petition, shall, where appropriate, include in its order determining the matter at issue either—

(a) a declaration of the correct result of the election concerned, or

(b) if it considers that it is unable to determine the correct result of the election, a declaration that the election or a specified part thereof was void together with a statement of its reasons for making the declaration.

(8) Where the court declares that the whole or any part of a Dáil election was void, a fresh election shall be held in accordance with the provisions of this Act to fill the resulting vacancy or vacancies in the Dáil and the poll at the fresh election shall be taken on such day, being a day within the period of three months beginning on the date of the court's order, as the Minister by order appoints; provided that it shall not be obligatory under this subsection to hold a fresh election if a general election otherwise is due to be held in the State within the period of six months next following the said date.

PART XXII Electoral Offences

133 Offences in relation to registration of electors.

133.—(1) Any person who knowingly furnishes false information in a claim for correction in a draft register or, having been duly required pursuant to the provisions of the Second Schedule to give any information in his possession which a registration authority or county registrar may require for the purpose of their duties, fails or refuses to give the information or knowingly gives false information, shall be guilty of an offence.

(2) Any person who—

(a) in relation to a statement pursuant to section 12 or to an application pursuant to section 17 knowingly gives any information which is false or misleading, or

(b) makes a statement pursuant to section 12 in the name of another person, or

(c) applies in the name of another person to be entered in the special voters list,

shall be guilty of an offence.

(3) (a) Any person who, without lawful authority, wilfully destroys or mutilates any notice, draft register, copy of the register of electors, electors lists or other document made available for public inspection in connection with the preparation of the register of electors shall be guilty of an offence.

(b) An offence under this subsection may be prosecuted by the authority which caused the notice, draft register, copy of the register of electors or other document to be made available for public inspection.

134 Personation.

134.—(1) A person who—

(a) at a Dáil election applies for a ballot paper in the name of some other person, whether that name be the name of a living person or of a dead person or of a fictitious person, or

(b) having obtained a ballot paper once at a Dáil election applies at the same election for a ballot paper in his own name (otherwise than under section 102), shall be guilty of the offence of personation.

(2) For the purposes of this section, a person to whom a ballot paper has been issued pursuant to section 68 shall be deemed to have obtained a ballot paper.

(3) A person who aids, abets, counsels or procures the commission of the offence of personation shall be guilty of an offence.

135 Bribery.

135.—(1) A person shall not, in relation to a Dáil election—

(a) give valuable consideration to induce a voter to vote, or to procure the election of any person or the vote of any voter, or on account of a voter having voted; or

(b) procure, by means of, or in consequence of, valuable consideration, the election of any person or the vote of any voter; or

(c) withdraw or refrain from withdrawing, in consequence of any valuable consideration, from being a candidate; or

(d) induce, by means of, or in consequence of, valuable consideration, any person to withdraw or to refrain from withdrawing from being a candidate; or

(e) receive, agree or contract to receive, valuable consideration for voting or agreeing to vote.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

(3) A person who aids, abets, counsels or procures the commission of an offence under this section shall be guilty of an offence.

(4) In this section—

“give”, “induce” and “procure” include agreeing or promising or attempting to give, induce or procure, as the case may be, and whether directly or indirectly;

“valuable consideration” includes the giving, lending or agreeing to give or lend, or the offer or promise to procure or to attempt to procure, any money, money's worth or valuable security or any valuable consideration or any office, place or employment to or for any person;

“vote” includes voting in a particular way or refraining from voting.

136 Undue influence.

136.—A person who, in relation to a Dáil election, directly or indirectly makes use of or threatens to make use of any force, violence or restraint against or inflicts or causes or threatens to inflict or cause any temporal or spiritual injury or loss on or to any person, or attempts by abduction, duress, or fraud—

(a) to induce or compel any person to vote or refrain from voting, or to vote or refrain from voting for a particular person or in a particular way, or

(b) to induce or compel any person to withdraw, or to refrain from withdrawing, from being a candidate, or

(c) to induce or compel any person to be a candidate or to impede or prevent any person from being a candidate, or

(d) to impede or prevent the free exercise of the franchise by any Dáil elector,

shall be guilty of an offence.

137 Breach of secrecy.

137.—(1) A person who is present at the issue of ballot papers to postal voters or at voting by special voters or at the opening of postal ballot boxes shall be guilty of an offence if, except for some purpose authorised by law, he—

(a) communicates, before the poll is closed, to any person any information obtained at the said issue or the said voting as to the official mark, or

(b) attempts to ascertain at the said issue or the said voting or the said opening the number on the back of any ballot paper or the candidate for whom any vote is given in any ballot paper, or communicates to any other person any information with respect thereto obtained at the said issue or the said voting or the said opening.

(2) A person admitted to a polling station in any capacity at a Dáil election shall be guilty of an offence if, before the poll is closed, he communicates, except for some purpose authorised by law, to any other person any information as to the name or the number on the register of Dáil electors of any voter who has or has not applied for a ballot paper or voted at a polling station, or as to the official mark.

(3) A person who is present in any capacity at the counting of the votes at a Dáil election shall be guilty of an offence if, except for some purpose authorised by law, he ascertains or attempts to ascertain at such counting the number on the back of any ballot paper or if at any time he communicates any information obtained at such count as to the candidate for whom any vote is given on any ballot paper.

(4) A person shall be guilty of an offence if, at a Dáil election, except for some purpose authorised by law, he—

(a) interferes with or attempts to interfere with a voter when marking his ballot paper, or obtains or attempts to obtain in a polling station information as to the candidate for whom any voter in the station is about to vote or has voted, or

(b) communicates at any time to any other person any information obtained in a polling station as to the candidate for whom a voter in that station is about to vote or has voted, or as to the number on the back of the ballot paper issued to a voter at that station, or

(c) directly or indirectly induces any voter to display his ballot paper after the said voter has marked it so as to make known to any person the name of the candidate for whom the said voter has or has not voted, or

(d) interferes with or attempts to interfere with the receipt, marking or return of a ballot paper by any postal voter or attempts to obtain information as to the candidate for whom any such voter has or has not voted.

138 Offences relating to ballot boxes, ballot papers, nomination papers, certificates of political affiliation, official marks etc.

138.—A person shall be guilty of an offence if—

(a) wilfully and without lawful authority, he takes, destroys, conceals, opens or otherwise interferes with any ballot box or packet of ballot papers, or any packet of papers or documents of any kind then in use or intended to be used for the purposes of a Dáil election, or any ballot paper account or marked copy of a register of Dáil electors prepared or used for the purposes of the election, or any unused ballot paper, or

(b) he maliciously destroys, tears or defaces a ballot paper, or

(c) he forges or counterfeits a ballot paper or the official mark on a ballot paper, or

(d) without lawful authority, he supplies a ballot paper to any person, or

(e) he fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in it, or

(f) without lawful authority, he takes a ballot paper out of a polling station, or

(g) he forges or fraudulently defaces or fraudulently destroys any nomination paper or any certificate of political affiliation or any authorisations under section 99 or section 100 or any official envelope or form of declaration of identity or form of receipt used in connection with special voting or voting by post, or any other form or document used at an election, or

(h) he produces to the returning officer a nomination paper, knowing the same to be forged, or

(i) he counterfeits the official mark, or

(j) without lawful authority, he removes, destroys or damages any instrument for placing the official mark on ballot papers or makes or has in his possession any imitation or counterfeit of any such instrument.

139 Disorderly conduct at election meeting.

139.—(1) A person shall be guilty of an offence if, between the date of the issue of a writ for the election of a member or members of the Dáil for a constituency and the date on which the return is made to the Clerk of the Dáil under section 39, he acts in a disorderly manner at a lawful public meeting held in connection with the election.

(2) A person who aids, abets, counsels or procures the commission of an offence under subsection (1) shall be guilty of an offence.

140 Omission of name and address of printer and publisher from Dáil election documents.

140.—(1) Every notice, bill, poster or similar document having reference to a Dáil election or distributed for the purpose of furthering the candidature of any candidate at a Dáil election shall bear upon its face the name and address of the printer and of the publisher thereof.

(2) A person shall be guilty of an offence if he prints, publishes or posts, or causes to be printed, published or posted, any such notice, bill, poster or similar document as aforesaid which does not bear upon its face the name and address of the printer and of the publisher thereof.

(3) The provisions of subsections (1) and (2) shall not apply as respects any such notice, bill, poster or similar document printed, published or posted by a returning officer.

(4) For the purposes of this section “print” includes any process for producing copies of a notice, bill, poster or similar document, other than copying it by hand.

141 Nominating or withdrawing a candidate without consent.

141.—(1) A person shall not—

(a) nominate another person for election under this Act to the Dáil, or

(b) withdraw the candidature of another person for such election to the Dáil,

save with the consent of that person.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

142 Forged certificate of political affiliation.

142.—A person who produces to a returning officer a certificate such as is referred to in section 46 which that person knows to be forged, shall be guilty of an offence.

143 False declaration on nomination paper.

143.—(1) In case a person who, being a candidate or the proposer of a candidate at a Dáil election, makes a declaration on a nomination paper that he has read the notes on the nomination paper and believes the candidate to be eligible for election under this Act then if the candidate is not eligible for election under this Act the person shall be guilty of an offence.

(2) In a prosecution for an offence under subsection (1), it shall be a good defence for the defendant to show that he had reasonable grounds for believing that the candidate was eligible for election.

144 Officer acting as agent of candidate or furthering a candidature.

144.—A returning officer, an assistant, deputy or acting returning officer or any person employed by any such officer for any purpose relating to a Dáil election who acts as agent for any candidate at that election or who is actively associated in furthering the candidature of any candidate or promoting the interests of any political party at the election shall be guilty of an offence.

145 Obstruction of nomination or poll.

145.—A person who at a Dáil election obstructs by violence the nomination of candidates or the poll shall be guilty of an offence.

146 Interference with or destruction of postal ballot papers.

146.—(1) Any person who, at a Dáil election—

(a) wilfully and without lawful authority takes, destroys, conceals, opens or otherwise interferes with any ballot paper or other document sent to a postal voter under this Act, or

(b) without lawful authority knowingly supplies any such ballot paper or other document to a person other than the person lawfully entitled to receive it,

shall be guilty of an offence.

(2) A person who aids, abets, counsels or procures the commission of an offence under this section or who solicits or incites any other person to commit such an offence shall be guilty of an offence.

147 Obstruction of or interference with electors.

147.—(1) A person shall not interfere with or obstruct or impede an elector going to or coming from or in the vicinity of or in a polling station.

(2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, including a poll which has been adjourned under section 107, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 100 metres of such station, for the purpose of promoting the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates or for any contrary purpose, do any or all of the following things:

(a) loiter or congregate with other persons;

(b) attempt to induce, by any means whatsoever, an elector to vote for a candidate or candidates or vote in a particular way or refrain from voting;

(c) display or distribute any notice, sign or poster (other than a notice, sign or poster displayed by the returning officer) or card, circular or other document relating to the election; or

(d) use or cause to be used any loud-speaker or other public address mechanism to broadcast matter relating to the election.

(3) For the purpose of this section, a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate and the distance referred to in subsection (2) shall be measured from any entrance to the polling station or to the curtilage thereof.

(4) A person who contravenes subsection (1) or (2) shall be guilty of an offence.

148 Personation agent leaving polling station without permission.

148.—(1) A personation agent shall not, during the hours fixed under section 96 for the holding of the poll, leave the polling station to which he is appointed without previously obtaining the permission of the presiding officer and depositing with the said presiding officer all registers, books and documents in which he has made any note, writing or mark during the poll.

(2) A personation agent who contravenes subsection (1) shall be guilty of an offence and in addition shall not, save with the permission of the presiding officer, return to the polling station in question.

149 Prohibition on voting by person registered as elector when not entitled to be so registered.

149.—(1) A person—

(a) who is registered in the register of Dáil electors for the time being in force for a constituency but is not entitled to be so registered, or

(b) who is not registered in that register,

shall not vote in that constituency.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

150 Unlawful marking of ballot papers by persons acting as companions.

150.—A person who contravenes subsection (8) or (9) of section 103 shall be guilty of an offence.

151 False statement of withdrawal or death of a candidate.

151.—A person who, between the date of the issue of a writ for the election of a member or members of the Dáil for a constituency and the date on which the return is made to the Clerk of the Dáil under section 39, knowingly publishes a false statement of the withdrawal or death of a candidate at the Dáil election shall be guilty of an offence.

152 Misleading statement as to process of voting.

152.—Any person who, before or during a Dáil election, makes or publishes any statement which is likely to mislead voters as to the actual process of voting shall be guilty of an offence.

153 Handling of ballot papers by candidates or agents.

153.—A candidate or the agent of a candidate who handles a ballot paper during the counting of the votes at a Dáil election shall be guilty of an offence.

154 Unauthorised inspection of documents.

154.—Unauthorised inspection of any document which is a document mentioned in section 130 shall be an offence.

155 Corrupt withdrawal of petition.

155.—A person who makes any agreement or enters into any undertaking in relation to the withdrawal of a petition in consideration of any payment or the cesser of membership of the Dáil or for any substantial reason not stated in the affidavit referred to in Rule 8 of the Third Schedule shall be guilty of an offence.

156 Limitation of time for prosecution of offence.

156.—Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under this Act may be instituted within twelve months from the date of the offence or, if the offence was committed in relation to a Dáil election as respects which proceedings questioning the election are held before the High Court, may be commenced within twelve months from the date of the offence or within three months from the decision of the court, whichever period last expires, but proceedings for an offence under this Act shall not be commenced after the expiration of the period of two years beginning on the date of the offence.

157 Penalties.

157.—(1) Where a person is guilty of an offence under this Act, other than an offence mentioned in subsection (2), such person shall be liable—

(a) on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a period not exceeding six months or to both such fine and such imprisonment, or

(b) on conviction on indictment to a fine not exceeding £2,500 or, at the discretion of the court, to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

(2) Where a person is guilty of an offence under sections 133, 140, 148 or 153, such person shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.

158 Compensation where certain charge is unjustly made or not prosecuted.

158.—Where any person is arrested under section 105 on a charge made by a personation agent that such person has committed the offence of personation and either such personation agent (or someone on his behalf) fails to appear before the court and support the charge, or the court acquits the person of having committed the offence and finds that the charge was made by the personation agent without reasonable or just cause, the court may, at the request of the person so charged but not otherwise, order the personation agent to pay to the person such sum not exceeding £500 as the court shall think proper by way of damages, and such sum when duly paid shall be accepted by the person so charged in full satisfaction of all claims by him in respect of damages arising from the said charge and his arrest and detention thereon.

159 Damages for breach of duty by officers etc.

159.—Where any person upon whom any functions or duties are conferred by or under this Act in relation to a Dáil election fails without reasonable cause to perform his functions or duties in that behalf, any person injured by such failure shall be entitled to recover from him by action at law such sum by way of damages as the court by which such action shall be tried shall consider just.

160 Certificate of returning officer to be prima facie evidence.

160.—In any civil or criminal proceedings in relation to an alleged offence at a Dáil election, the certificate of the returning officer for the constituency concerned of the due holding of the election or that a particular person was a candidate thereat shall be prima facie evidence of the facts stated therein and it shall not be necessary to prove the signature of the returning officer or that he was in fact such returning officer.

PART XXIII Miscellaneous

161 Secrecy.

161.—A person who is—

(a) present at the issue of ballot papers to postal voters, or

(b) present while a special voter is voting, or

(c) present at the opening of postal ballot boxes, or

(d) admitted to a polling station in any capacity, or

(e) present in any capacity at the counting of the votes,

shall maintain and aid in maintaining the secrecy of the ballot.

162 Prohibition of disclosure of vote.

162.—A person who has voted at a Dáil election shall not in any legal proceedings be required to state how or for whom he voted.

163 Publication of notices.

163.—Any public notice required by this Act to be given by a returning officer, registration authority or county registrar may be given by any method which the returning officer, registration authority or county registrar thinks necessary or desirable for the purpose of bringing to the attention of the public the matter so required to be notified.

164 Adaptation or modification where there is emergency or special difficulty.

164.—(1) The Minister may, in any case in which it appears to him that there is an emergency or special difficulty, by order make such adaptation or modification of any statute, order or regulation relating to the registration of Dáil electors, presidential electors, Seanad electors, European electors or local government electors or the conduct of Dáil elections, presidential elections, Seanad elections, European elections, local elections or referenda, as may in his opinion be necessary to enable such registration to be duly carried out or such election or referendum to be duly held, subject to compliance with the principles laid down in the relevant Acts taken as a whole.

(2) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House within the next twenty-one days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(3) In this section—

(a) “Seanad electors” has the same meaning as in the Seanad Electoral (University Members) Act, 1937,

(b) “Seanad elections” has the same meaning as in the Seanad Electoral (University Members) Act, 1937, and in the Seanad Electoral (Panel Members) Act, 1947,

(c) “referenda” has the same meaning as in the Referendum Act, 1942,

(d) “the relevant Acts” means—

(i) in the case of the registration of presidential electors, Dáil electors, European electors and local government electors, this Act, and in the case of the registration of Seanad electors, the Seanad Electoral (University Members) Act, 1937,

(ii) in the case of the conduct of elections or a referendum, as the context may require, this Act, the Presidential Elections Acts, 1937 to 1992, the Seanad Electoral (University Members) Acts, 1937 to 1973, the Seanad Electoral (Panel Members) Acts, 1947 to 1972, the European Assembly Elections Acts, 1977 to 1992, the Local Elections Acts, 1963 to 1992, and the Referendum Acts, 1942 to 1992.

165 Special provisions where two or more elections have same polling day.

165.—(1) This section applies to the following polls:

(a) the poll at an election of a person to the office of President of Ireland;

(b) the poll at a Dáil election within the meaning of this Act;

(c) the poll at an election of representatives to the European Parliament under the European Assembly Elections Acts, 1977 to 1992;

(d) the poll at an election of members of Údarás na Gaeltachta under the Údarás na Gaeltachta Act, 1979;

(e) the poll at a referendum within the meaning of the Referendum Acts, 1942 to 1992;

(f) the poll at a local election.

(2) Where two or more polls to which this section applies are to be taken on the same day, the following provisions shall, notwithstanding any other enactment, have effect:

(a) the polls shall be taken at the same time, at the same places and in the same manner,

(b) the same official mark shall be used for the ballot papers at each poll,

(c) the ballot papers at each poll shall be of a different colour (for this purpose white being deemed to be a colour),

(d) the same or different ballot boxes may be provided,

(e) if separate ballot boxes are provided, a ballot paper shall not be invalid by reason only of its being put into the wrong ballot box,

(f) an authorisation by a returning officer to a person to vote at one poll at a polling station other than the one allocated to him may authorise the person to vote at that station at the other poll or polls, in the case of a Dáil election, presidential election or referendum in the same constituency or, in the case of a European election, in the same county or county borough or, in the case of a local election, in the same local electoral area.

(3) A candidate other than a candidate referred to in subsection (4) who would be entitled to exercise the right to free postage pursuant to section 57 or otherwise in relation to more than one poll may send a combined postal communication and include therein material in relation to each such poll.

(4) Where candidates of the same political party would be entitled to exercise the right to free postage under section 57 or otherwise in relation to more than one poll, a combined postal communication may be sent by or on behalf of such candidates and may include material in relation to each such poll.

(5) Subsections (3) and (4) shall not be construed as conferring on any candidate a right to free postage additional to the rights conferred by section 57, section 34 of the Presidential Elections Act, 1937 and Rule 18 of the First Schedule to the European Assembly Elections Act, 1977.

(6) The Minister may, by direction, order or regulation, provide for such matters as he considers necessary to give effect to this section.

(7) Any direction, order or regulation given or made under subsection (6) shall have effect notwithstanding anything contained in any other enactment and, in particular and without prejudice to the generality of the said subsection (6), may—

(a) define the powers and duties of returning officers and of any other persons employed in connection with the polls,

(b) make such modifications in the Acts, orders or regulations governing the taking of the polls or the arrangements for the counting of the votes as appear to the Minister to be necessary to enable the polls to be taken together or to facilitate or expedite the completion and ascertainment of the results of the elections,

(c) make provisions in relation to the form and transmission of polling information cards.

(8) The Minister for Finance may for the purposes of this section prepare a scale of maximum charges and indicate—

(a) the time when, and the manner and form in which, accounts are to be rendered to him,

(b) the manner in which the expenses of taking the polls concerned shall be apportioned between whichever of the following would, but for this provision, meet the costs of the polls concerned, that is to say, the Central Fund, the local authority or local authorities (within the meaning of Part VI of the Electoral Act, 1963) concerned and the Minister for the Gaeltacht.

166 Amendment of Seanad Electoral (University Members) Act, 1937.

166.—The Seanad Electoral (University Members) Act, 1937 is hereby amended by—

(a) the substitution of the following section for section 25:

“Application of Electoral Act, 1992.

25.—(1) Sections 57, 134, 135, 136, 138, 139, 140, 144, 145, 149, 151, 152, 153, 154, 155, 156, 157, 160 and 163 of the Electoral Act, 1992 shall apply to elections in university constituencies and for that purpose, in the said sections of that Act—

(a) every reference to ‘Dáil election’ and ‘election’ shall be construed and have effect as a reference to an election in a university constituency;

(b) every reference to the ‘register of Dáil electors’ shall be construed and have effect as a reference to the register of electors in respect of a university constituency;

(c) every reference to ‘Dáil elector’ and ‘elector’ shall be construed and have effect as a reference to an elector in a university constituency;

(d) every reference to ‘constituency’ shall be construed and have effect as a reference to a university constituency;

(e) the reference in sections 139 and 151 to a period of time shall be construed and have effect as a reference to the period commencing on the date of the order appointing dates and times at a Seanad election and ending at the close of the poll at such election.

(2) In addition and without prejudice to the provisions of the foregoing subsection of this section, every statutory provision for the time being in force relating to bribery, personation or other offences at elections of members of Dáil Éireann shall apply to elections in university constituencies as if these elections were elections of members of Dáil Éireann.”; and

(b) the insertion of “for the time being in force” after “enactments” in subsection (1) of section 26.

167 Amendment of Presidential Elections Act, 1937.

167.—The Presidential Elections Act, 1937 is hereby amended by—

(a) the insertion of the following section after section 23:

“Voting by persons in the employment of local returning officers at presidential election.

23A.—Where a presidential elector for a constituency is employed by a local returning officer for any purpose in connection with a presidential election and the circumstances of that elector's employment are, in the opinion of the local returning officer, such as to prevent him from voting at the polling station at which that presidential elector would otherwise be entitled to vote, the local returning officer may authorise such presidential elector, by an authorisation given in such form as may be directed by the Minister, to vote at any other polling station in the constituency.”;

(b) the substitution of the following section for section 32:

“Application of Electoral Act, 1992.

32.—(1) Sections 105, 134, 135, 136, 138, 139, 140, 144, 145, 146, 147, 148, 151, 152, 153, 154, 156, 157, 158, 159, 160 and 163 of the Electoral Act, 1992 shall apply and have effect in relation to presidential elections.

(2) For the purpose of the application of the said sections of the said Act to presidential elections in pursuance of the foregoing subsection—

(a) the expressions ‘election’ and ‘Dáil election’ wherever they occur in the said sections of the said Act shall be construed and have effect as including a presidential election;

(b) the word ‘candidate’, wherever it similarly occurs, shall be construed and have effect as including a candidate at a presidential election;

(c) the expression ‘register of Dáil electors’, wherever it similarly occurs, shall be construed and have effect as meaning the register of presidential electors and any reference to ‘Dáil elector’ or ‘elector’ shall be construed and have effect as a reference to a presidential elector;

(d) in section 134 of the said Act the reference to ‘section 102’ shall be construed as a reference to Rule 19 of the First Schedule to this Act and the reference to ‘section 68’ shall be construed as a reference to section 29 of this Act;

(e) in section 138 of the said Act the reference to ‘certificate of political affiliation’ shall be disregarded and the reference to ‘authorisation under section 99’ shall be construed and have effect as a reference to an authorisation under section 23A of the Presidential Elections Act, 1937 (inserted by section 167 of the Electoral Act, 1992), and the reference to ‘authorisation under section 100’ shall be construed and have effect as a reference to an authorisation under section 14 of the Electoral (Amendment) (No. 2) Act, 1986;

(f) in sections 138 and 140 of the said Act the expression ‘returning officer’ shall be construed and have effect as including the presidential returning officer;

(g) the reference in sections 139 and 151 of the said Act to a period of time shall be construed and have effect as a reference to the period commencing on the date of the order appointing dates and ending at the close of the poll;

(h) the reference in sections 159 and 163 of the said Act to ‘this Act’ shall be construed and have effect as a reference to the Presidential Elections Acts, 1937 to 1992.”; and

(c) the substitution of the following subsection for subsection (1) of section 34:

“(1) Each candidate at a presidential election shall, subject to such conditions as may be specified under section 74 of the Postal and Telecommunications Services Act, 1983, be entitled to send, free of any charge for postage, to each person on the register of presidential electors or to any combination of such persons, one postal communication containing matter relating to the election only and not exceeding 50 grammes in weight.”.

168 Amendment of Referendum Act, 1942.

168.—The Referendum Act, 1942 is hereby amended by—

(a) the substitution for “section 22 of the Prevention of ElectoralAbuses Act, 1923” of “section 60 (3) of the Electoral Act, 1992” in subsection (7) (b) of section 17;

(b) the substitution of the following section for section 29:

“Application of Electoral Act, 1992.

29.—(1) Sections 105, 134, 135, 136, 138, 139, 140, 145, 146, 147, 152, 153, 154, 156, 157, 158 and 160 of the Electoral Act, 1992 shall apply and have effect in relation to every referendum.

(2) For the purpose of the application of the said sections of the Electoral Act, 1992 to a referendum in pursuance of the foregoing subsection—

(a) the expressions ‘election’ and ‘Dáil election’ wherever they are used in the said sections of the said Act shall be construed and have effect as including a referendum;

(b) the expression ‘register of Dáil electors’ wherever it is used in the said sections of the said Act shall be construed and have effect as meaning the register of presidential electors and any reference to ‘Dáil elector’ or ‘elector’ shall be construed and have effect as a reference to a presidential elector;

(c) references in the said sections of the said Act to ‘candidates’, ‘election of any person’ and ‘voting for a particular person’ shall be disregarded;

(d) in section 134 of the said Act the reference to ‘section 102’ shall be construed and have effect as a reference to Rule 20 of the First Schedule to this Act and the reference to ‘section 68’ shall be construed and have effect as a reference to section 20 of this Act;

(e) in section 138 of the said Act, the references to ‘nomination paper’ and ‘certificate of political affiliation’ shall be disregarded and the reference to ‘authorisation under section 99’ shall be construed and have effect as a reference to a certificate under section 66 of the Electoral Act, 1963 and the reference to ‘authorisation under section 100’ shall be construed and have effect as a reference to an authorisation under section 14 of the Electoral (Amendment) (No. 2) Act, 1986;

(f) the reference in section 139 of the said Act to a period of time shall be construed and have effect as a reference to the period commencing on the date of the order appointing the polling day at the referendum and ending at the close of the poll at such referendum;

(g) in section 140 of the said Act the expression ‘returning officer’ shall be construed and have effect as including the referendum returning officer;

(h) in section 156 of the said Act the words ‘the decision of such court’ shall be construed as meaning the final order of the High Court on the trial of a referendum petition.”;

(c) the substitution of the following definition for the definition of the expression “corrupt practice” in section 33:

“the expression ‘corrupt practice’ means—

(a) the offence of personation within the meaning of section 134 of the Electoral Act, 1992 or aiding, abetting, counselling or procuring the commission of the said offence,

(b) the offence of bribery within the meaning of section 135 of the said Act, or

(c) the offence of undue influence within the meaning of section 136 of the said Act.”; and

(d) the insertion of the following section after section 34:

“Leave to present petition.

34A.—(1) Notwithstanding the other provisions of this Part, a referendum petition in relation to the provisional referendum certificatereferred to in section 30 shall not be presented to the High Court unless that court, on application made to it in that behalf by or on behalf of the person proposing to present it, not later than 10 days after the publication in the Iris Oifigiúil of the certificate, by order grants leave to the person to do so.

(2) The High Court shall not grant leave under subsection (1) of this section to present a referendum petition unless it is satisfied—

(i) that there is prima facie evidence of a matter referred to in section 34 (2) of this Act in relation to which the petition concerned questions the provisional referendum certificate, and

(ii) that the said matter is such as to affect materially the result of the referendum aforesaid as a whole.”.

169 Amendment of Seanad Electoral (Panel Members) Act, 1947.

169.—The Seanad Electoral (Panel Members) Act, 1947 is hereby amended by the insertion of “for the time being in force” after “enactments” in both subsection (1) of section 54 and subsection (1) of section 75.

170 Amendment of Electoral Act, 1963.

170.—(1) The Electoral Act, 1963 is hereby amended by—

(a) the substitution of the following subsection for both subsection (2) of section 44 and subsection (2) of section 64:

“(2) A polling card shall be addressed to the elector at the address in respect of which he is registered in the register of presidential electors and shall be delivered at that address not later than the third day before the polling day.”;

(b) the substitution of the following subsection for both subsection (3) of section 44 and subsection (3) of section 64:

“(3) Where a polling card is dispatched by post it shall be transmitted without prepayment of the charges therefor by the earliest practicable post.”; and

(c) the substitution of the following subsections for subsections (3) and (4) of section 82:

“(3) The provisions referred to in the foregoing subsections are the provisions of sections 60, 105, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 156, 157, 158, 159, 160 and 163 of the Electoral Act, 1992.

(4) Where a provision of regulations under this section corresponds to a provision of the Electoral Act, 1992 for which a penalty is provided for in section 157 of the said Act, it may itself provide for a penalty not exceeding that provided for in the provision to which it corresponds.”.

(2) Regulations made under section 82 of the Electoral Act, 1963 and in force at the commencement of this section shall continue in force and shall have effect as if they were made under the said section 82 as amended by this Act.

171 Construction of references in European Assembly Elections Acts, 1977 to 1992.

171.—In the European Assembly Elections Acts, 1977 to 1992—

(a) every reference to “the Assembly” shall be construed as a reference to the European Parliament,

(b) every reference to “Assembly election” shall be construed as a reference to European election,

(c) every reference to “Assembly elector” shall be construed as a reference to European elector.

172 Amendment of European Assembly Elections Act, 1977.

172.—The European Assembly Elections Act, 1977 is hereby amended by—

(a) the substitution of the following subsection for subsection (2) of section 12:

“(2) The Minister shall, not later than the first day of December, 1993 and at least once in every ten years thereafter, submit to the Oireachtas proposals for a review of the constituencies for which candidates shall be elected under this Act to be representatives in the Parliament.”;

(b) the substitution of the following paragraph for paragraph (1) of Rule 18 of the First Schedule:

“(1) Subject to paragraph (3) of this Rule, each candidate at a European election shall, subject to such conditions as may be specified under section 74 of the Postal and Telecommunications Services Act, 1983, be entitled to send, free of any charge for postage, to each person on the register of European electors for the constituency or to any combination of such persons, one postal communication containing matter relating to the election only and not exceeding 50 grammes in weight.”;

(c) the substitution of the following paragraphs for paragraphs (2) and (3) of Rule 28 of the First Schedule:

“(2) A polling card shall be addressed to the European elector at the address in respect of which he is registered in the register of European electors and shall be delivered at that address not later than the third day before the polling day.

(3) Where a polling card is dispatched by post it shall be transmitted without prepayment of the charges therefor by the earliest practicable post.”;

(d) the insertion of the following Rule after Rule 58 of the First Schedule:

“Endorsing of ballot paper by returning officer.

58A.—The returning officer may endorse on any paper which he does not reject as invalid an indication of his decision on it without, however, interfering with any mark placed by the elector on the ballot paper.”; and

(e) the insertion of the following Rule after Rule 83 of the First Schedule:

“Obstruction of or interference with electors.

83A.—(1) A person shall not interfere with or obstruct or impede an elector going to or coming from or in the vicinity of or in a polling station.

(2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, including a poll which has been adjourned under Rule 43, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 100 metres of such station, for the purpose of promoting the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates or for any contrary purpose, do any or all of the following things:

(a) loiter or congregate with other persons;

(b) attempt to induce, by any means whatsoever, an elector to vote for a candidate or candidates or vote in a particular way or refrain from voting,

(c) display or distribute any notice, sign or poster (other than a notice, sign or poster displayed by the local returning officer) or card, circular or other document relating to the election; or

(d) use or cause to be used any loud-speaker or other public address mechanism to broadcast matter relating to the election.

(3) For the purpose of this Rule, a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate and the distance referred to in paragraph (2) shall be measured from any entrance to the polling station or to the curtilage thereof.

(4) A person who contravenes paragraph (1) or (2) shall be guilty of an offence.”.

173 Amendment of Postal and Telecommunications Services Act, 1983.

173.—The Postal and Telecommunications Services Act, 1983 is hereby amended by—

(a) the insertion of the following paragraph after paragraph (g) of subsection (3) of section 63:

“(h) the sending, conveyance and delivery otherwise than by post of any document, following consultation with the Minister for the Environment, by a returning officer at a Dáil, European or local election, in the performance of his functions under the Electoral Act, 1992, the European Assembly Elections Acts, 1977 to 1992, and the Local Elections Acts, 1963 to 1992, and by a local returning officer at a presidential election, a European election or a referendum in the performance of his functions under the Presidential Elections Acts, 1937 to 1992, the European Assembly Elections Acts, 1977 to 1992 or the Referendum Acts, 1942 to 1992 where the returning officer or local returning officer, as the case may be, is of the opinion that An Post is not in a position to provide the required services.”; and

(b) the substitution of the following subsection for subsection (4) of the said section 63:

“(4) Nothing in paragraphs (b) to (h) of subsection (3) shall be taken as authorising any person to make a collection of postal packets for the purpose of their being sent, conveyed or delivered in accordance with that subsection.”; and

(c) the substitution of the following subsection for subsection (1) of section 74:

“(1) the company may, with the consent of the Minister, after consultation with the Minister for the Environment and, where appropriate, the Minister for Defence, make schemes for regulating the conditions under which free postage is to be provided under—

(a) section 57 of the Electoral Act, 1992,

(b) section 25 of the Seanad Electoral (University Members) Act, 1937 (substituted by section 166 of the Electoral Act, 1992),

(c) section 34 of the Presidential Elections Act, 1937, as amended by section 167 of the Electoral Act, 1992,

(d) Rule 18 of Part I of the First Schedule to the European Assembly Elections Act, 1977 as amended by section 172 of the Electoral Act, 1992.”.

174 Amendment of Local Elections Regulations, 1965.

174.—The Local Elections Regulations, 1965 (S.I. No. 128 of 1965) are hereby amended by—

(a) the insertion of the following article after article 32:

“Use of Dáil ballot boxes etc.

32A. Any ballot boxes, fittings for polling stations and compartments provided for Dáil elections in a Dáil constituency in which a local electoral area is wholly or partly situated may be used for any local election in such local electoral area; and any damage, other than reasonable wear and tear, caused to any such ballot boxes, fittings and compartments by such user at a local election shall be paid as part of the expenses of the election.”;

(b) the substitution of the following paragraph for paragraph (5) of article 35:

“(5) A polling card shall be addressed to the elector at the address in respect of which he is registered in the register of local government electors and shall be delivered at that address not later than the third day before the polling day.”;

(c) the insertion of the following article after article 64:

“Endorsing of ballot paper by returning officer.

64A.—The returning officer may endorse on any ballot paper which he does not reject as invalid an indication of his decision on it without, however, interfering with any mark placed by the elector on the ballot paper.”; and

(d) the insertion of the following article after article 99:

“Obstruction of or interference with electors.

99A.—(1) A person shall not interfere with or obstruct or impede an elector going to or coming from or in the vicinity of or in a polling station.

(2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, including a poll which has been adjourned under Article 50, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 100 metres of such station, for the purpose of promoting the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates or for any contrary purpose, do any or all of the following things:

(a) loiter or congregate with other persons;

(b) attempt to induce, by any means whatsoever, an elector to vote for a candidate or candidates or vote in a particular way or refrain from voting;

(c) display or distribute any notice, sign or poster (other than a notice, sign or poster displayed by the returning officer) or card, circular or other document relating to the election; or

(d) use or cause to be used any loud-speaker or other public address mechanism to broadcast matter relating to the election.

(3) For the purpose of this article a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate and the distance referred to in subarticle (2) shall be measured from any entrance to the polling station or to the curtilage thereof.

(4) A person who contravenes subarticle (1) or (2) shall be guilty of an offence and shall be liable on conviction to the penalties specified in section 157 of the Electoral Act, 1992.”.

FIRST SCHEDULE Enactments Repealed and Regulations Revoked

PART I Enactments Repealed

Session and Chapter or Number and Year	Short Title	Extent of Repeal
15 & 16 Vict., c. 57.	Election Commissioners Act, 1852.	The whole Act.
31 & 32 Vict., c. 125.	Parliamentary Elections Act, 1868.	The whole Act.
32 & 33 Vict., c. 21.	Corrupt Practices Commission Expenses Act, 1869.	The whole Act.
40 & 41 Vict., c. 57.	Supreme Court of Judicature Act (Ireland) 1877.	Section 43.
42 & 43 Vict., c. 75.	Parliamentary Elections and Corrupt Practices Act, 1879.	The whole Act.
46 & 47 Vict., c. 51.	Corrupt and Illegal Practices (Prevention) Act, 1883.	The whole Act.
No. 12 of 1923.	Electoral Act, 1923.	The whole Act.
No. 38 of 1923.	Prevention of Electoral Abuses Act, 1923.	The whole Act.
No. 14 of 1933.	Electoral (Amendment) Act, 1933.	Section 3.
No. 23 of 1941.	Local Government Act, 1941.	Subsection (6) of section 33;
		subsection (5) of section 34.
No. 43 of 1960.	Electoral Act, 1960.	The whole Act.
No. 19 of 1963.	Electoral Act, 1963.	Parts II and III;
		in Part IV — section 54;
		in Part V — section 72;
		Parts VII and VIII.
No. 1 of 1966.	Electoral (Amendment) Act, 1966.	The whole Act.
No. 4 of 1972.	Electoral (Amendment) Act, 1972.	Section 1.
No. 12 of 1972.	Local Elections Act, 1972.	Section 1.
No. 3 of 1973.	Electoral (Amendment) Act, 1973.	Paragraphs (a) and (b) of section 2.
No. 30 of 1977.	European Assembly Elections Act, 1977.	Sections 3 and 8.
No. 40 of 1980.	Electoral (Amendment) (No. 2) Act, 1980.	The whole Act.
No. 5 of 1982.	Prevention of Electoral Abuses Act, 1982.	The whole Act.
No. 12 of 1985.	Electoral (Amendment) Act, 1985.	Section 2;
		subsection (1) of section 3;
		sections 4 and 5;
		subsection (2) of section 9.
No. 12 of 1986.	Electoral (Amendment) Act, 1986	Section 1.
No. 35 of 1986.	Electoral (Amendment) (No. 2) Act, 1986.	Subsections (1) and (2) of section 2;
		subsections (3) and (4) of section 2 insofar as they relate to Dáil elections;
		sections 3, 4, 5, 6, 7 and 8;
		sections 9, 10, 11, 12, 13 and 14 insofar as they relate to Dáil elections;
		section 15;
		section 16 insofar as it relates to Dáil elections;
		section 17;
		section 20 insofar as it relates to Dáil elections;
		sections 21, 22, 23 and subsection (1) of section 24.
No. 8 of 1989.	Electoral (Amendment) Act, 1989.	The whole Act.

PART II Regulations Revoked

Number and Year	Short Title	Extent of Repeal
No. 169 of 1963.	Registration of Electors and Juries Acts (Specification of Dates) Regulations, 1963.	The whole regulations.
No. 246 of 1963.	Forms (Dáil Elections, Presidential Elections and Referenda) Regulations, 1963.	Part 1 of the Schedule.
No. 115 of 1972.	Forms (Dáil Elections, Presidential Elections and Referenda) (Amendment) Regulations, 1972.	In the Schedule — Forms D.E.5 and D.E.6.
No. 381 of 1977.	Registration of Electors (Amendment) Regulations, 1977.	The whole regulations.
No. 402 of 1985.	Registration of Electors (Amendment) Regulations, 1985.	The whole regulations.
No. 5 of 1987.	Electoral Regulations, 1987.	In Article 5 — paragraphs (a), (b) and (c);
		Article 6;
		in the Third Schedule — Forms SV1, SV2, SV3 and SV4.

SECOND SCHEDULE Registration of Electors

PART I The Register of Electors

Specified dates and periods.

(2) Each register shall come into force on the fourteenth day after its publication.

(3) The 15th day of February in the year in which a register comes into force shall be the date by reference to which a person's age shall be taken for the purposes of sections 7, 8, 9 and 10.

(4) The date on or by reference to which any act or thing is required by this Schedule to be performed or done shall be the date specified for that purpose in the Table to this paragraph.

TABLE

Specified Dates

Purpose	Relevant Section or Rule	Date
1. Qualifying date	Rule 1	1st September in the year preceding the year in which the register comes into force.
2. Specified period for giving public notice in relation to special voters	Rule 21	The period of 14 days ending on 1st September.
3. Last date for sending of statement to registration authority by civil servants serving abroad	Section 12	30th September.
4. Last date for receipt of application to be entered on special voters list	Rule 19	25th November.
5. Last date for sending by urban authorities of lists of electors to registration authority	Rule 5	1st October.
6. Publication of draft register	Rule 5	1st November.
7. Last date for making claims	Rule 7	25th November.
8. Publication of list of claims	Rule 7	30th November.
9. Completion of return by county registrar of endorsed list of claims	Rule 12	23rd December.
10. Publication of register	Rule 13	1st February.
11. Coming into force of register	Rule 1	Fourteenth day after publication of the register.
12. Period for ascertaining if any corrections in the register are necessary because of errors of a clerical or typographical nature or because of misnomers or inaccurate descriptions	Section 15 (3)	The period of 14 days commencing on the date of the publication of the register.

(5) Where the date on or by reference to which any act or thing is required by this Schedule to be performed or done falls on an excluded day that act or thing shall be done on or by reference to the next following day which is not an excluded day.

Form and contents of register.

(2) The names in the register for a registration area shall be arranged under polling districts and—

(a) if the registration area is a county borough, shall be arranged in street order unless the registration authority consider that, having regard to the general character of any part of the area, arrangement in street order for that part is inappropriate,

(b) if the registration area is an administrative county, shall be arranged alphabetically in townland order unless the registration authority consider that, having regard to the general character of any part of the area, arrangement in street order or in any other order is possible and convenient.

Effect of register.

Postal voters list.

Preparation of draft register.

(2) The corporation of each borough which is not a county borough and the council of each urban district in a registration area shall make a house to house or other sufficient inquiry in the borough or urban district and, from the information so obtained, compile and furnish to the registration authority on or before the specified date in each year lists in the form of a draft register for the borough or urban district.

(3) The registration authority may for the purposes of their duties in relation to the preparation of a register require a person—

(a) to give any information in his possession which the registration authority may require;

(b) to produce a certificate of birth, or, if that is not practicable or convenient, to make a statutory declaration as to his age;

(c) to provide documentary evidence or to make a statutory declaration that he is a person entitled to be registered as a Dáil elector under section 8 (2);

(d) to produce a certificate of naturalisation or to make a statutory declaration that he is a citizen of Ireland;

(e) to make a statutory declaration that he is a national of a Member State of the European Communities other than Ireland,

and where a declaration is so required, any fees payable in connection therewith shall be paid by the authority requiring it.

(4) The registration authority shall, during office hours, allow any person to inspect and take a copy of any declaration furnished under paragraph (3).

(5) The registration authority may require the superintendent registrar of births and deaths to furnish lists or other information in connection with deaths of persons in the district of the superintendent registrar. Where the superintendent registrar is an individual, payment for such lists or information shall be made by the registration authority at a rate approved from time to time by the Minister and in any other case no payment shall be made.

(6) From the information obtained under this Rule the registration authority shall prepare and publish a draft register on or before the specified date in each year.

Persons to whom draft register is to be sent.

(a) for the registration area — to the Minister, the county registrar and each head postmaster in the area;

(b) for a European Parliament constituency — to each representative in the European Parliament for that constituency;

(c) for a Dáil constituency — to each member of the Dáil for that constituency and each member of the Seanad residing in that constituency;

(d) for a local electoral area — to each local authority member for that area.

(2) The registration authority shall send with each copy of the draft register sent in pursuance of the preceding paragraph to each person other than the Minister a supply of forms for the making of claims for corrections in the draft register.

(3) The registration authority shall supply to the county registrar such further number of copies of the draft register for a registration area as he shall require for the purposes of his duties as county registrar.

Claims for corrections in draft register.

(2) A claim under this Rule shall be sent to the registration authority on or before the specified date.

(3) The registration authority and the county registrar shall, on the application of any person, supply forms on which claims may be made.

(4) The registration authority shall prepare and publish on or before the specified date a list of claims in such form as may be directed by the Minister.

(5) The registration authority shall, not later than the date specified for the publication of the list of claims, send copies of the said list to the county registrar together with the original claims.

(6) The registration authority or the county registrar, as may be appropriate, shall allow any person during office hours to inspect and take extracts from a claim or may supply copies of a claim.

Consideration of claims by the county registrar.

8. (1) The county registrar shall consider all claims of which notice has been given to him in accordance with Rule 7 and all objections to corrections referred to him under Rule 11.

(2) Before considering a claim for the deletion of a person's name from the draft register the county registrar shall, except where he is satisfied that the person is dead, give not less than five clear days notice to the claimant (if he is not the registration authority or a person whose duty it is to make the house to house or other inquiry on which the draft register is based) and to the person in respect of whom the claim is made of the time and place at which the claim will be considered by him.

(3) If the county registrar is satisfied that a claim, other than a claim for the deletion of a person's name from the draft register, should not be allowed without inquiry he shall give not less than five clear days notice to the claimant (if he is not the registration authority or a person whose duty it is to make the house to house or other inquiry on which the draft register is based) and to any other person appearing to him to be interested of the time and place at which the claim will be considered by him.

(4) The county registrar may require any officer of a registration authority or of a corporation of a borough which is not a county borough or a council of an urban district in the registration area and any person whose duty it is to make the house to house or other inquiry on which the draft register is based to attend at such times and at such places as he may consider necessary for the purpose of enabling him to decide any claim or other matter arising out of his consideration of the draft register.

(5) The county registrar may, on consideration of any claim or other matter, require that the evidence tendered by any person should be given on oath and may administer an oath for that purpose.

(6) On the consideration of any claim or other matter by the county registrar, any person interested may appear and be heard either in person or by any other person on his behalf.

Inquiries and claims by county registrar.

(2) The county registrar, if it appears to him that the draft register should be corrected in any respect, may himself make a claim for the correction, and any such claim may be made notwithstanding the fact that the time for sending a claim under Rule 7 may have expired.

(3) Any such claim need not be published but otherwise shall be considered in the same manner and on the same conditions as a claim under Rule 7.

Correction of draft register.

(a) a person is not registered more than once as an elector, and

(b) the draft register is complete and accurate.

Objections to corrections.

Return of corrected list of claims.

(2) The county registrar shall send all the parts of the list of claims making up the complete list of claims for the registration area, endorsed as aforesaid, to the registration authority not later than the specified date.

(3) The registration authority shall, on receiving part of the list of claims from the county registrar, forthwith make any corrections in the draft register necessary to give effect to his decisions and shall send notice of the decision on each claim to the claimant (other than the county registrar or a claimant who is a person whose duty it is to make the house to house or other inquiry on which the register is based) and to any other person appearing to them to be interested, together with an intimation of the right of appeal against the decision to the Circuit Court under section 21.

Publication of register.

(2) The registration authority shall publish the register on the specified date in each year.

(3) Where the registration authority for any reason fail to publish on the specified date the register for their area or any part thereof, the registration authority shall publish the register as soon as possible after the specified date.

(4) In addition to publishing the register in the manner specified in Rule 25 the registration authority shall publish the register by sending a copy of the register—

(a) for the registration area — to the Minister, the county registrar and each head postmaster in the area;

(b) for a European Parliament constituency — to each representative in the European Parliament for such constituency;

(c) for a Dáil constituency — to each member of the Dáil for that constituency and to each member of the Seanad residing in the constituency;

(d) for a local electoral area — to each local authority member for that area.

Inspection and fees for copies of registers.

(2) The fee for a copy of the register or draft register or any part thereof shall be fifty pence plus the sum of ten pence for each one hundred by which the number of persons in the register or draft register or part thereof exceeds one hundred.

(3) The registration authority shall, on payment of the said fee, supply to any person a copy of the register or draft register or the appropriate part thereof.

(4) No fee shall be charged by the registration authority for supplying on request—

(a) one copy of the register for each Dáil constituency or part of a Dáil constituency or for a local electoral area, as the case may be, in their registration area, to—

(i) the local agent of each duly nominated candidate at a presidential election,

(ii) each candidate duly nominated for the constituency at a Dáil election, and

(iii) each candidate duly nominated for the local electoral area at a local election,

(b) one copy of the register for each European Parliament constituency or part thereof contained in the registration area to each candidate duly nominated at a European election for such constituency,

(c) such number of copies of the register for each Dáil constituency or part of a Dáil constituency or for a local electoral area, as the case may be, as the returning officer at a Dáil election or a local election or the local returning officer at a presidential election or a referendum requires for the purpose of his duties as returning officer or local returning officer, and

(d) such number of copies of the register for the registration area or any part thereof as the returning officer or local returning officer at a European election requires for the purpose of his duties at such election.

(5) The registration authority shall supply, free of charge, on request, a copy, in standard computer medium and format, of any computer data files used in the production of the register which the returning officer at a Dáil election or a local election, the local returning officer at a presidential election or a referendum or the returning officer or local returning officer at a European election may require for the purposes of his duties at such election or referendum.

PART II Supplement to the Register of Electors

Consideration by registration authority of applications to be entered in the supplement to the register.

(2) The registration authority shall, as soon as practicable, consider and rule on the application and shall notify the applicant of the ruling and, where the application is refused, of his right to appeal against the ruling to the county registrar.

Appeal against ruling of registration authority.

Ruling on appeal by county registrar.

(2) (a) Before ruling on an appeal made to him under Rule 16 the county registrar may make such further inquiry as he may consider necessary and may require any person to give any information in his possession which the county registrar considers necessary for the purpose of his duties under this Rule.

(b) The provisions of paragraphs (4) and (5) of Rule 8 shall apply to the consideration of an appeal under this Part by the county registrar.

Preparation and publication of supplement to the register.

(2) The list prepared under paragraph (1) shall form the supplement to the register.

(3) The supplement to the register shall be in such form as may be directed by the Minister.

PART III Special Voters List

Application to be entered in the special voters list.

(a) the application shall be in the form directed by the Minister,

(b) the application shall be completed in accordance with the instructions provided thereon,

(c) the applicant shall, in the case of a first application and in the case of subsequent applications whenever required by the registration authority, furnish in support of his application a certificate in the form directed by the Minister from a medical practitioner certifying—

(i) the nature and extent of the physical illness or physical disability suffered by such applicant, and

(ii) an indication of the expected duration of such physical illness or physical disability,

(d) the application form duly completed and, where appropriate, the certificate referred to in paragraph (c) shall be delivered or sent by post, so as to be received by the registration authority not later than the date specified for that purpose in Rule 1.

Applicant to provide information or documents if required.

(a) so as to be satisfied that the applicant is a person to whom section 17 (2) 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 paragraph (1) 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.

Notices.

(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.

Provision of application forms.

Consideration of applications.

(a) is a person to whom section 17 (2) applies, and

(b) has duly completed his application form, and

(c) where appropriate, has submitted the certificate required pursuant to Rule 19,

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 17 (2) applies, or

(b) has duly completed his application form, or

(c) where appropriate, has submitted the certificate required pursuant to Rule 19,

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 specified date, the application shall be disregarded and the applicant shall be notified accordingly.

PART IV General

Absence, incapacity or vacancy in office of county registrar.

Publication of documents.

Method of sending notices etc.

Inquiry by registration authority etc.

THIRD SCHEDULE Dáil Election Petitions

Questioning a Dáil election.

Security for costs.

(2) Where a petition is presented by the Director of Public Prosecutions, section 132 (3) shall not apply.

Presentation of petition.