ELECTORAL ACT, 1997

60.—(1) Where a fresh presidential election is held under section 31 of the Act of 1993, the original election shall be deemed to have been an election for the purposes of this Part and the provisions of this Part including section 56 shall be complied with in relation to the original election by the election agent of each surviving candidate.

• (2) The limits on election expenses at the fresh election for surviving candidates and candidates nominated at the fresh election shall be the relevant amount specified in an order for the time being in force under section 53(1).

61 Offences and penalties (Part VI).

61.—(1) A person shall be guilty of an offence if, at a presidential election, the person—

• (a) incurs election expenses, or

• (b) makes any payment, advance or deposit in respect of such expenses,

on behalf of a candidate at that election, unless the person is the presidential election agent of the candidate at the election or a person authorised by such agent, acting within the limit of such authorisation.

• (2) The presidential election agent of a candidate shall be guilty of an offence if at a presidential election the said agent—

• (a) directly or through any other person, incurs election expenses in excess of the amount specified in an order for the time being in force under section 53, or

• (b) in contravention of section 54, pays any claim in respect of election expenses, or

• (c) fails to furnish to the Public Offices Commission, within the period specified for this purpose, a statement of election expenses or a statutory declaration under section 56, or

• (d) furnishes to the Public Offices Commission a statement of election expenses which, to the agent's knowledge, is false or misleading in a material respect, or

• (e) fails otherwise to comply with the provisions of section 56, or

• (f) fails to furnish the presidential election donation statement or make the statutory declaration required by section 48 within the period specified in that section, or

• (g) knowingly furnishes a presidential election donation statement or makes a statutory declaration under the said section 48 which is false or misleading in any material respect.

• (3) A person to whom section 52(6) applies shall be guilty of an offence if at a presidential election he or she—

• (a) fails to notify the Public Offices Commission in accordance with that subsection of his or her intention to incur election expenses, or

• (b) fails to furnish to the Public Offices Commission, within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to section 56, or

• (c) furnishes to the Public Offices Commission a statement of election expenses which, to the person's knowledge, is false or misleading in a material respect, or

• (d) fails otherwise to comply with section 56.

• (4) A person shall be guilty of an offence if he or she publishes in a newspaper, magazine or other periodical publication of which he or she is publisher an advertisement or notice in relation to a presidential election purporting to promote or oppose the interests of a candidate at that election at the request of any person other than a candidate or the presidential election agent of a candidate, or a person authorised in writing by such candidate or agent, unless that person produces to the said publisher a certificate from the Public Offices Commission referred to in section 52(9).

• (5) Where a person is guilty of an offence under this section—

• (a) the person shall be liable on summary conviction to a fine not exceeding £1,000,

• (b) the person shall be liable, where the offence is an offence referred to in subsection 2 (d) or (g) or subsection 3 (c), on conviction on indictment to a fine not exceeding £20,000 or, at the discretion of the court, to imprisonment for a period not exceeding 3 years or to both such fine and such imprisonment, and

• (c) where the conviction relates to failure to furnish a presidential election donation statement under section 48 or a statement of election expenses under section 56, the person shall be guilty of a further offence on every day on which the failure continues after such conviction and for each such offence the person shall be liable on summary conviction, to a fine, not exceeding £100.

• (6) It shall be a defence to a prosecution under subsection (2) (a) to show that a person did not know and could not reasonably have known that he or she incurred election expenses above the specified limit.

• (7) Proceedings for an offence under this Part shall not be instituted except by or with the consent of the Director of Public Prosecutions.

62 Presidential election petition.

62.—The Act of 1993 is hereby amended:

• (a) by the insertion of the following subsection after subsection (4) of section 57:

• “(4A) Where a petition alleges an irregularity or non-compliance with any provision of Part VI of the Electoral Act, 1997 whether before or after the result of the Presidential election was declared by the presidential returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, leave of the High Court to present a petition under subsection (2) may be applied for not later than seven days next after the laying of a copy of a statement of election expenses before each House of the Oireachtas in accordance with section 57 of the Electoral Act, 1997.”; and

• (b) by the insertion of the following subsection after subsection (7) of section 57:

• “(7A) A presidential election shall not be declared invalid because of a non-compliance with any provision of Part VI of the Electoral Act, 1997 or mistake in the use of forms provided for in that Act, or in any regulation or order made under that Act, where it appears to the court that a candidate complied with the principles laid down in that Part of that Act taken as a whole and that such non-compliance or mistake did not materially affect the result of the election.”.

PART VII Persons Unable to Vote at Polling Station

63 Entry of names in postal voters list.

63.—(1) The registration authority shall enter in the postal voters list the name of every elector who, not later than the last date for making claims for correction in the draft register, applies to be so entered and satisfies the registration authority that the circumstances of the elector's occupation, service or employment are such as to render it likely that he or she will be unable to go in person on polling day to vote at the polling place for the polling district.

• (2) For the purposes of this section “employment” and “service” shall be deemed to include participation by a person on a full time basis on an educational course of study in an educational institution in the State.

64 Application to be entered in postal voters list.

64.—(1) The following provisions shall apply in relation to an application to be entered in the postal voters list pursuant to section 63—

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

• (b) the application shall be signed by the applicant and completed in accordance with the instructions provided thereon and shall be accompanied by a certificate or a statutory declaration, as the case may require;

• (c) the application form, duly completed, and the certificate or declaration shall be delivered or sent by post so as to be received by the registration authority not later than the last date for making claims for corrections in the draft register.

• (2) An applicant to be entered in the postal voters list shall furnish to the registration authority in support of the application—

• (a) in case the applicant is an employed person, a certificate from the applicant's employer, or, where the applicant is a person referred to in section 63(2), a certificate from the registrar, or secretary, as may be appropriate, of the relevant educational institution, in the form directed by the Minister, and

• (b) in every other case, a statutory declaration in the form directed by the Minister.

65 Applicant to provide information or documents.

65.—(1) An applicant to be entered in the postal voters list pursuant to section 63 shall furnish to the registration authority any information or documents in the applicant's possession or procurement which the authority may require so as to be satisfied that the applicant is a person to whom that section applies.

• (2) Whenever a registration authority requires information or documents from an applicant pursuant to subsection (1) the 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 furnish the required information or, as the case may be, documents within the time so specified, the application shall be deemed to have been withdrawn.

66 Notices and application forms.

66.—(1) The registration authority shall, within the period of fourteen days ending on the qualifying date for registration as an elector, arrange for the giving of public notice of—

• (a) the category of electors entitled to apply to be entered in the postal voters list pursuant to section 63,

• (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.

• (2) The registration authority shall arrange for the provision of application forms at such times and places as are specified in a notice pursuant to subsection (1) and an application form shall be supplied free of charge to any person applying therefor.

67 Consideration of applications.

67.—(1) Where the registration authority is satisfied that an applicant—

• (a) is an elector to whom section 63 applies,

• (b) has duly completed the application form, and

• (c) has furnished the certificate or, as the case may be, statutory declaration required under section 64,

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 an elector to whom section 63 applies, or

• (b) has duly completed the application form, or

• (c) has furnished the certificate or, as the case may be, statutory declaration required under section 64,

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 reason therefor.

• (3)
• (a) Subject to paragraph (b), whenever an application is received by a registration authority after the date specified in section 63, the application shall be disregarded and the applicant shall be notified accordingly.

• (b) As respects the year in which this Part comes into operation the Minister may, by order, appoint a date to be the latest date for receiving applications in lieu of the date specified for this purpose in sections 63 and 64 and a period for giving public notice in lieu of the period specified in section 66 and paragraph (a) shall be construed accordingly as respects that year.

68 Voting by electors referred to in section 63.

68.—(1) The provisions of Part XIII of the Act of 1992 shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors at a Dáil election whose names are entered in the postal voters list pursuant to section 63 subject to the following modifications—

• (a) an elector whose name is so entered in the postal voters list, in order to vote, shall in a Garda Síochána station in the presence of a member of the Garda Síochána do the following things in the following order—

• (i) produce to the member of the Garda Síochána the envelope addressed to the elector pursuant to section 68 of that Act, the ballot paper (in relation to which the member of the Garda Síochána shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister;

• (ii) complete and sign the said declaration of identity;

• (iii) hand the declaration of identity to the member of the Garda Síochána who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the Garda Síochána station and destroy the envelope addressed to the elector;

• (iv) mark, in secret, the ballot paper;

• (v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope;

• (vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

and shall send the last-mentioned envelope by post to the returning officer;

• (b) a reference to “receipt”, in relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”; and

• (c) a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed and stamped with the stamp of the Garda Síochána station”.

• (2) In this section “ballot paper envelope” and “covering envelope” have the meanings specified in section 68(3) of the Act of 1992.

• (3) The modifications of Part XIII of the Act of 1992 provided for in this section shall have effect in relation to the provisions of the said Part XIII as applied to presidential elections by section 40 of the Act of 1993 and to referenda by section 28 of the Referendum Act, 1994.

69 Amendment of Act of 1997.

69.—The Act of 1997 is hereby amended by the insertion of the following Rule after Rule 29 of the Second Schedule:

“Voting by electors referred to in section 63 of the Electoral Act, 1997.

29A.—(1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to section 63 of the Electoral Act, 1997, subject to the following modifications:

• (a) an elector whose name is so entered in the postal voters list, in order to vote, shall in a Garda Síochána station in the presence of a member of the Garda Síochána do the following things in the following order—

  • (i) produce to the member of the Garda Síochána the envelope addressed to the elector pursuant to Rule 32(3), the ballot paper (in relation to which the member of the Garda Síochána shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister;

  • (ii) complete and sign the said declaration of identity;

  • (iii) hand the declaration of identity to the member of the Garda Síochána who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the Garda Síochána station and destroy the envelope addressed to the elector;

  • (iv) mark, in secret, the ballot paper;

  • (v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope;

  • (vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

  and shall send the last-mentioned envelope by post to the local returning officer;

• (b) a reference to ‘receipt’, in relation to documents appropriate to such electors, shall be construed as a reference to ‘declaration of identity’; and

• (c) a reference to ‘receipt duly signed’, in relation to such documents, shall be construed as a reference to ‘declaration of identity duly signed and witnessed and stamped with the stamp of the Garda Síochána station’.

• (2) In this Rule ‘ballot paper envelope’ and ‘covering envelope’ shall have the meanings specified in Rule 32(3).”.

70 Amendment of Local Elections Regulations, 1995.

70.—The Local Elections Regulations, 1995 (S.I. No. 297 of 1995), are hereby amended by the insertion of the following article after article 30:

“Voting by electors referred to in section 63 of the Electoral Act, 1997.

30A.—(1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to section 63 of the Electoral Act, 1997 subject to the following modifications:

• (a) an elector whose name is so entered in the postal voters list, in order to vote, shall in a Garda Síochána station in the presence of a member of the Garda Síochána do the following things in the following order—

  • (i) produce to the member of the Garda Síochána the envelope addressed to the elector pursuant to article 33(3), the ballot paper (in relation to which the member of the Garda Síochána shall establish that it is unmarked) and a form of declaration of identity;

  • (ii) complete and sign the said declaration of identity;

  • (iii) hand the declaration of identity to the member of the Garda Síochána who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the Garda Síochána station and destroy the envelope addressed to the elector;

  • (iv) mark, in secret, the ballot paper;

  • (v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope;

  • (vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

  and shall send the last-mentioned envelope by post to the returning officer;

• (b) a reference to ‘receipt’, in relation to documents appropriate to such electors, shall be construed as a reference to ‘declaration of identity’; and

• (c) a reference to ‘receipt duly signed’, in relation to such documents, shall be construed as a reference to ‘declaration of identity duly signed and witnessed and stamped with the stamp of the Garda Síochána station’.

• (2) In this article ‘ballot paper envelope’ and ‘covering envelope’ shall have the meanings specified in article 33(3).”.

PART VIII Miscellaneous

71 Appointment of appropriate officer by political party.

71.—(1) As soon as may be after the coming into operation of this section and from time to time thereafter as circumstances may require, each political party shall appoint an officer, in this Act referred to as “the appropriate officer”, for the purposes of this Part and Parts III, IV and V.

• (2)
• (a) Each political party shall notify the Public Offices Commission of the name and address of the officer appointed under this section.

• (b) Each qualified party (within the meaning of Part III) shall, in addition to complying with paragraph (a), notify the Minister for Finance of the name and address of the officer appointed under this section.

• (3) Where at any time no appointment stands made by a political party under this section, the leader of the party shall be deemed to have been appointed as the appropriate officer of that party.

72 Donations and election expenses at local elections.

72.—(1) The Minister may make regulations providing for the disclosure by members of a local authority and candidates at a local election of donations made to the members or candidates, as the case may be, and the limitation of the election expenses which may be incurred by or on behalf of candidates and political parties at local elections and may make provisions corresponding to the provisions of Parts IV and V subject however to any modifications in those provisions appearing to the Minister to be appropriate.

• (2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following matters—

• (a) furnishing of statements in relation to donations, including anonymous donations;

• (b) appointment of agents by political parties and candidates;

• (c) making of contracts, incurring of election expenses and making of payments;

• (d) limitation of election expenses;

• (e) period for making claims relating to election expenses and for payment of such claims;

• (f) disputed claims relating to election expenses;

• (g) furnishing of statements in relation to election expenses;

• (h) consideration by the Public Offices Commission of statements in relation to donations and election expenses;

• (i) excess expenditure;

• (j) election expenses at a fresh election;

• (k) inspection of documents; and

• (l) provisions corresponding to sections 25 and 43 with such modifications as appear to the Minister to be appropriate.

• (3) Regulations under this section may—

• (a) apply to local authorities generally or to a specified class or classes of local authorities; and

• (b) contain different provisions in relation to different classes of local authorities.

• (4)
• (a) Provisions in regulations under this section relating to the specification of limits on election expenses shall correspond so far as is appropriate to the provisions relating to limits on election expenses for the time being applying to Dáil elections and, in making such regulations, the Minister shall have regard to any change in the consumer price index since the coming into force of the limits applying to Dáil elections at the date of the making of such regulations.

• (b) For the purposes of this subsection, “change in the consumer price index” means the difference between the consumer price index number last published before the date of the making of the regulations under this section and the said number last published before the date of the coming into force of the limits on election expenses at Dáil elections applying at the date of the making of the said regulations, expressed as a percentage of the last-mentioned number.

• (5) Where a provision of regulations under this section corresponds to a provision of section 25 or 43 it may provide for penalties not exceeding those provided for in the said section 25 or 43.

• (6) Where regulations under this section are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

• (7) In this section “political party” means a political party registered in the Register of Political Parties in accordance with section 25 of the Act of 1992 as a party organised to contest a local election (whether or not it is also organised to contest other elections).

73 Inspection of documents furnished to Public Offices Commission.

73.—The Public Offices Commission shall retain at the office of the Commission for a period of 3 years—

• (a) every copy of a statement and auditor's report furnished to it under section 20,

• (b) every notification furnished under section 23 and every statement and declaration furnished under section 24 or 48, and

• (c) every statement of election expenses and declaration furnished pursuant to section 36 or 56 together with the relevant invoices and receipts and copies of any relevant court orders,

and shall permit any person to inspect such documents, free of charge, and to take a copy thereof or an extract therefrom on payment of a fee not exceeding the reasonable cost of copying, at such times and subject to such conditions as the Commission considers appropriate.

74 Offences by bodies corporate.

74.—Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent of, or to be attributable to, any neglect on the part of any person being a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, that person as well as the body corporate shall be deemed to be guilty of that offence.

75 Local election petition.

75.—The Local Elections (Petitions and Disqualifications) Act, 1974 is hereby amended:

• (a) by the insertion of the following subsection after subsection (3) of section 4:

• “(3A) Where a petition alleges an irregularity or non-compliance with any provision of regulations made under section 72 of the Electoral Act, 1997 whether before or after the result of the local election was declared by the returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, the petition may be presented within the twenty eight days next after the laying of a copy of a statement of election expenses before each House of the Oireachtas as provided for in such regulations.”; and

• (b) by the insertion of the following subsection after subsection (1) of section 5:

• “(1A) A local election shall not be declared invalid because of a non-compliance with any provision of regulations made under section 72 of the Electoral Act, 1997 or mistake in the use of forms provided for in such regulations, where it appears to the court that a candidate or party, as the case may be, complied with the principles laid down in such regulations taken as a whole and that such non-compliance or mistake did not materially affect the result of the election.”.

76 Registration of electors.

76.—The Act of 1992 is hereby amended by—

• (a) the insertion of the following subsection after subsection (1) of section 15:

• “(1A)

  • (a) Notwithstanding subsection (1), sections 7 (1)(b), 8(1)(b), 9 and 10, and Rule 1(3) of the Second Schedule and subject to section 11(1) (a) and paragraph (c), a person who:

    • (i) was not ordinarily resident in a constituency or local electoral area, as the case may be, on the qualifying date for a register of electors and takes up ordinary residence in such constituency or local electoral area, as the case may be, after such qualifying date and is otherwise entitled to be registered as an elector under section 7, 8, 9 or 10, or

    • (ii) reaches the age of eighteen years after the date of the coming into force of a register of electors,

    may apply to the registration authority to have his name entered in the supplement to the register.

  • (b) An applicant for entry in the supplement referred to in paragraph (a)(i) shall satisfy the registration authority that he has taken up ordinary residence in the constituency or local electoral area, as the case may be, in respect of which the application applies and, in considering an application from such person, the registration authority may require the applicant to furnish a statutory declaration that he has taken up ordinary residence in the constituency or local electoral area concerned.

  • (c) A person referred to in paragraph (a)(ii) shall be eligible for entry in the supplement to the register on or after the day on which that person reaches eighteen years of age.”;

• (b) (i) the substitution for “twelfth” of “fourteenth” in subsection (5) of section 15; and

• (ii) the substitution for “twelfth” of “fourteenth” in Rule 18(1) of the Second Schedule in both places where it occurs;

• (c) the insertion of the following sections after section 15:

“Supplement to postal voters list.

15A.—(1) An elector referred to in paragraph (a) or (d) of section 14 or in section 63 of the Electoral Act, 1997 who is not entered in the postal voters list or the special voters list may apply to the registration authority to have his name entered in a supplement to the postal voters list which the registration authority is hereby empowered to prepare and publish.

• (2)

  • (a) The provisions of Part III (other than Rules 21 and 23 (3)) of the Second Schedule shall apply to an application for entry in the supplement to the postal voters list under this section from an elector referred to in section 14(d) as if—

    • (i) references in that Part to ‘special voters list’ were references to ‘supplement to the postal voters list’;

    • (ii) the reference to ‘section 17’ was a reference to this section and references to ‘section 17(2)’ were references to ‘section 14(d)’;

    • (iii) in Rule 19(d) ‘to the registration authority’ was substituted for ‘so as to be received by the registration authority not later than the date specified in Rule 1’; and

    • (iv) in Rule 22 ‘at such times and places as are specified in a notice published pursuant to Rule 21,’ was deleted.

  • (b) The provisions of sections 64, 65, 66 (other than subsection (1)) and 67 (other than subsection (3)) of the Electoral Act, 1997 shall apply to an application for entry in the supplement to the postal voters list under this section from an elector referred to in section 63 of the said Act as if:

    • (i) references to ‘postal voters list’ were references to ‘supplement to the postal voters list’;

    • (ii) references to ‘section 63’, other than those which occur in section 67, were references to this section;

    • (iii) in section 64(1)(c), ‘to the registration authority’ was substituted for ‘so as to be received by the registration authority not later than the last date for making claims for corrections in the draft register’; and

    • (iv) in section 66(2), ‘at such times and places as are specified in a notice pursuant to subsection (1)’ was deleted.

• (3) A supplement to the postal voters list published by the registration authority under subsection (1) shall be deemed to form part of the postal voters list.

• (4) An application by an elector to have his name entered in the supplement to the postal voters list received by the registration authority after the date of the dissolution of the Dáil at a general election or the date of the order appointing polling day at a Dáil bye-election, or a presidential, European or local election or a referendum shall not have effect in relation to that election or referendum.

• (5) As soon as practicable after the date of the dissolution of the Dáil at a general election or the date on which the order appointing polling day at a Dáil bye-election, or at a presidential, European or local election or a referendum is made, the registration authority shall publish a list of the names of electors (if any) whose applications to be entered in the supplement to the postal voters list were received before the said date and allowed by the registration authority.

• (6) The list prepared under subsection (5) shall form the supplement to the postal voters list.

• (7) The supplement to the postal voters list shall be in such form as may be directed by the Minister.

Supplement to special voters list.

15B.—(1) An elector referred to in section 17(2) who is not entered in the special voters list or the postal voters list may apply to the registration authority to have his name entered in a supplement to the special voters list which the registration authority is hereby empowered to prepare and publish.

• (2) The provisions of Part III (other than Rules 21 and 23(3)) of the Second Schedule shall apply to an application for entry in the supplement to the special voters list under this section as if:

  • (a) references in that Part to ‘special voters list’ were references to ‘supplement to the special voters list’;

  • (b) the reference to ‘section 17’ was a reference to this section;

  • (c) in Rule 19(d) ‘to the registration authority’ was substituted for ‘so as to be received by the registration authority not later than the date specified in Rule 1’; and

  • (d) in Rule 22 ‘at such times and places as are specified in a notice published pursuant to Rule 21,’ was deleted.

• (3) A supplement to the special voters list published by the registration authority under subsection (1) shall be deemed to form part of the special voters list.

• (4) An application by an elector to have his name entered in the supplement to the special voters list received by the registration authority after the date of the dissolution of the Dáil at a general election or the date of the order appointing polling day at a Dáil bye-election, or a presidential, European or local election or a referendum shall not have effect in relation to that election or referendum.

• (5) As soon as practicable after the date of the dissolution of the Dáil at a general election, or the date on which the order appointing polling day at a Dáil bye-election, or at a presidential, European or local election or a referendum is made, the registration authority shall publish a list of the names of persons (if any) whose applications to be entered in the supplement to the special voters list were received before the said date and allowed by the registration authority.

• (6) The list prepared under subsection (5) shall form the supplement to the special voters list.

• (7) The supplement to the special voters list shall be in such form as may be directed by the Minister.”; and

• (d) the insertion of the following subparagraph after subparagraph (b) of paragraph (4) of Rule 14 of the Second Schedule:

• “(bb) one copy of the register for each Dáil constituency to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency for use by a personation agent appointed by such member of the Dáil or the Seanad at a referendum.”.

77 Expenses of returning officers.

77.—(a) The Act of 1992 is hereby amended by the insertion in section 32, after subsection (1), of the following subsection:

• “(1A) The Minister for Finance shall, in respect of services and expenses which are not covered by the foregoing subsection, recoup to (or, where appropriate, pay on behalf of) every returning officer out of the Central Fund or the growing produce thereof the officer's reasonable charges in relation to every Dáil election in respect of which he is the returning officer. For the avoidance of doubt, the expenses which may be recouped under this subsection shall include expenses incurred by a returning officer in being represented at and meeting any damages and costs in legal proceedings (except where the court is satisfied that such officer has been grossly negligent in the discharge of the duties of the office). For the purposes of this subsection ‘legal proceedings’ shall not include the trial of petitions presented in accordance with the provisions of section 132.”.

• (b) The Act of 1993 is hereby amended by the insertion in section 11, after subsection (1), of the following subsection:

• “(1A) The Minister for Finance shall, in respect of services and expenses which are not covered by the foregoing subsection, recoup to (or, where appropriate, pay on behalf of) every local returning officer out of the Central Fund or the growing produce thereof the officer's reasonable charges in relation to every presidential election in respect of which he is the local returning officer. For the avoidance of doubt, the expenses which may be recouped under this subsection shall include expenses incurred by a local returning officer in being represented at and meeting any damages and costs in legal proceedings (except where the court is satisfied that such officer has been grossly negligent in the discharge of the duties of the office). For the purposes of this subsection ‘legal proceedings’ shall not include the trial of petitions presented in accordance with the provisions of section 57.”.

• (c) The Referendum Act, 1994 is hereby amended by the insertion in section 16 after subsection (1), of the following subsection:

• “(1A) The Minister for Finance shall, in respect of services and expenses which are not covered by the foregoing subsection, recoup to (or, where appropriate, pay on behalf of) every local returning officer out of the Central Fund or the growing produce thereof the officer's reasonable charges in relation to every referendum in respect of which he or she is the local returning officer. For the avoidance of doubt, the expenses which may be recouped under this subsection shall include expenses incurred by a local returning officer in being represented at and meeting any damages and costs in legal proceedings (except where the court is satisfied that such officer has been grossly negligent in the discharge of the duties of the office). For the purposes of this subsection ‘legal proceedings’ shall not include the trial of petitions presented in accordance with the provisions of section 42.”.

78 Free postage for candidates at elections.

78.—(a) The Act of 1992 is hereby amended by the substitution in section 57(1) of “household in the constituency” for “person on the register of Dáil electors for the constituency or to any combination of such persons,”.

• (b) The Act of 1993 is hereby amended by the substitution in section 32(1) of “household in a constituency” for “person on the register of presidential electors or to any combination of such persons,”.

• (c) The Act of 1997 is hereby amended by the substitution in rule 22(1) of the Second Schedule of “household in the constituency” for “person on the register of European electors for the constituency or to any combination of such persons,”.

79 Arrangements for counting of votes.

79.—(1) The Act of 1992 is hereby amended by—

• (a) the substitution in section 85(1)(b) of “time appointed by the Minister for the commencement of the count under section 114” for “hour of 9 a.m. on the day next after the polling day”;

• (b) the substitution in both sections 85(2)(c) and 86(b) of “time appointed by the Minister for the commencement of the count under section 114” for “hour of 9 a.m. on the day next after the polling day appointed by the Minister”;

• (c) the substitution of the following subsection for subsection (1) of section 114—

• “(1)

  • (a) The counting of the votes shall commence at such time or times as shall be appointed therefor by the Minister by order under this subsection and, where a poll is taken in two or more constituencies on the same day, different times may be so appointed for different constituencies, provided that the time or times so appointed shall not be later than 9 a.m. on the day next following the polling day.

  • (b) An order under this subsection shall be published in the Iris Oifigiúil as soon as may be after it is made.

  • (c) At the relevant time appointed under this subsection and at the place appointed under section 112, the returning officer for the constituency shall, in the presence of the agents of the candidates, open the ballot boxes and extract the ballot papers therefrom.”;

• (d) the deletion of the words “then” and “forthwith” in subsection (3) of the said section 114; and

• (e) the substitution of “necessary rest and refreshment” for “refreshment, and excluding (except so far as he and the candidates otherwise agree) the hours between 11 p.m. and 9 a.m.” in section 115.

• (2) The Act of 1993 is hereby amended by—

• (a) the deletion of paragraph (p) of subsection (3) of section 3, and

• (b) the substitution in subsection (3) of section 46 of “necessary rest and refreshment” for “refreshment and (except so far as he and the candidates otherwise agree) the period between 11 p.m. and 9 a.m.”.

• (3) The amendments of the Act of 1992 provided for in this section shall have effect in relation to the provisions of the said Act as applied to presidential elections by sections 42 and 47 of the Act of 1993 and to referenda by sections 30 and 33 of the Referendum Act, 1994.

• (4) The Referendum Act, 1994, is hereby amended by the deletion of paragraph (x) of subsection (3) of section 2.

80 Production of documents by Clerk of Dáil.

80.—(1) Section 130 of the Act of 1992 is hereby amended by the deletion of subsection (5) and the substitution of the following subsections:

• “(5) Where an order of a court (including an order under subsection (1)) is made for the production by the Clerk of the Dáil of any document in that officer's possession relating to a Dáil election, the production of that document accompanied by the certificate of the Clerk that the document relates to the specified election shall be prima facie evidence of the fact so certified and it shall not be necessary to prove the signature of the Clerk or the official position of the person signing the certificate. Unless the court so orders, it shall not be necessary for the Clerk to attend in person to attest to any matter relating to the document or certificate.

• (6) Any endorsement appearing on any packet produced pursuant to subsection (5) shall be, until the contrary is shown, sufficient evidence that the contents of the packet are as stated in the endorsement.”.

• (2) Section 20 of the Act of 1997 is hereby amended by the substitution in subsection (5) for “pursuant to this section” of “of a court (including an order under subsection (1)).”.

81 Amendment of section 25 of Act of 1992.

81.—Section 25 of the Act of 1992 is hereby amended—

• (a) by the insertion of the following subsection after subsection (10):

• “(10A) Any doubt, dispute or question arising in connection with the particulars required to be entered in the Register of Political Parties pursuant to subsection (4) shall be decided by the appeal board and shall be deemed to be an appeal under subsection (9) and the provisions of paragraphs (d) to (g) of the said subsection (9) and paragraph (c) of subsection (10) shall apply to any such appeal.”;

• (b) by the insertion in subsection (12), of the following words after “section”;

“and may, for the purposes of this subsection, further require that information so given shall be in the form of a statutory declaration”.

82 Amendment of Local Elections Regulations, 1995.

82.—The Local Elections Regulations, 1995 are hereby amended by the insertion of the following sub-article after sub-article (3) of Article 57:

• “(3A) The returning officer shall, where practicable, give public notice of all polling stations which are inaccessible to wheelchair users not later than the eighth day before polling day.”.