Electoral (Amendment) Act 2004

Current text a fecha 2024-03-31

PART 1 Preliminary and General

1. Short title, collective citations, construction and commencement.

1. —(1) This Act may be cited as the Electoral (Amendment) Act 2004.

(2) The Electoral Acts 1992 to 2002 and this Act may be cited together as the Electoral Acts 1992 to 2004 and shall be read together as one.

(3) The European Parliament Elections Acts 1992 to 2004 and this Act in so far as it relates to European Parliament elections shall be read together as one and this Act (in so far as it so relates) shall be included in the collective citation “European Parliament Elections Acts 1992 to 2004”.

(4) The Presidential Elections Acts 1992 to 2001 and this Act in so far as it relates to presidential elections may be cited together as the Presidential Elections Acts 1992 to 2004, and shall be read together as one.

(5) The Referendum Acts 1992 to 2001 and this Act in so far as it relates to referendums may be cited together as the Referendum Acts 1992 to 2004 and shall be read together as one.

(6) The Local Elections Acts 1974 to 2002, the Local Government (No. 2) Act 2003 and this Act in so far as it relates to local elections may be cited together as the Local Elections Acts 1974 to 2004 and shall be read together as one.

(7) Section 34 and the Local Government Acts 1925 to 2003 may be cited together as the Local Government Acts 1925 to 2004 and shall be read together as one.

(8) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(9) An order under subsection (8) shall be laid before each House of the Oireachtas as soon as may be after it is made.

2. Offences relating to voting system equipment.

2. —(1) A person shall be guilty of an offence if—

(a) wilfully and without lawful authority, he or she takes, destroys, conceals, opens or otherwise interferes with any voting system equipment, or

(b) he or she maliciously destroys, tears or defaces any voting machine equipment.

(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding €3,500 or imprisonment for a term not exceeding 12 months or both.

3. Repeal.

3. — Section 48 of the Electoral (Amendment) Act 2001 is repealed.

PART 2 Vote Recording and Electronic Vote Counting

4. Interpretation.

4. —(1) In this Part—

“Act of 1992” means the Electoral Act 1992;

“Act of 1993” means the Presidential Elections Act 1993;

“Act of 1994” means the Referendum Act 1994;

“Act of 1997” means the European Parliament Elections Act 1997;

“Act of 2001” means the Electoral (Amendment) Act 2001;

“Regulations of 1995” means the Local Elections Regulations 1995 (S.I. No. 297 of 1995);

“cartridge or disc” means a device that is used in a voting machine to record each vote;

“election” means, as the context may require, a Presidential election, a European election or a local election;

“electronic” includes electrical, digital, magnetic, optical, electromagnetic and any other form of related technology;

“electronic voting system” means a voting system in which the votes are recorded and automatically counted and the results automatically tabulated by use of electronically operated apparatus;

“enactment” includes an instrument made under an enactment;

“relevant Act or Regulations” means, as appropriate, the Act of 1993, the Act of 1994, the Act of 1997 or the Regulations of 1995;

“returning officer” means, as the context may require, a returning officer for the election or referendum concerned including a local returning officer;

“voting machine” means an apparatus on which voters cast their votes, that records each vote, and that furnishes a total of the number of votes cast on the machine at an election or at a referendum;

“voting system” means a method of casting and counting votes that is designed to function wholly or partly by use of mechanical, electro-mechanical or electronic apparatus and includes the procedures for casting and counting votes and the programmes, operating manuals, printouts and other software necessary for the system's operation;

“voting system equipment” means any kind of mechanical, electro-mechanical or electronic apparatus for use in a voting system.

(2) Where a section of the Act of 1992 is applied to a referendum by any provision of the Act of 1994, including any such section as modified and applied by Part 3 of the Act of 2001, each such section shall be deemed to be applied to the conduct of a referendum in a constituency in accordance with this Act.

(3) Where a section of the Act of 1992 is applied to a presidential election by any provision of the Act of 1993, including any such section as modified and applied by Part 3 of the Act of 2001, each such section shall be deemed to be applied to the conduct of a presidential election in a constituency in accordance with this Act.

5. Use of voting machines and electronic vote counting.

5. —(1) Notwithstanding the provisions contained in Parts III and V of the Act of 1993, Parts II and III of the Act of 1994, Parts VI to XI of the Second Schedule to the Act of 1997 and Parts IX to XIII of the Regulations of 1995, voting and vote counting at an election or at a referendum may be undertaken on voting system equipment approved for such purpose under Part 3 of the Act of 2001.

(2) Save to the extent that provision corresponding to a provision of that Part is made elsewhere by this Act, Part 3 of the Act of 2001 shall apply to an election or referendum referred to in subsection (1) as if a reference in that Part to a Dáil election were a reference to such an election or referendum as appropriate and with other necessary modifications.

(3) The Minister may, if he or she is of opinion that the public interest so requires, by order designate—

(a) one or more or all constituencies,

(b) one or more or all local electoral areas,

as being a constituency or constituencies or a local electoral area or areas in which voting system equipment approved under section 36(1) of the Act of 2001 shall be used at an election or referendum.

(4) The Minister may by order amend or revoke an order under this section or section 36(2) of the Act of 2001 (including an order under this subsection made in relation to either of those sections).

(5) The Minister may, whenever he or she thinks proper so to do, issue to a returning officer such instructions in relation to voting and vote counting under this Part as he or she shall consider necessary or expedient in order to ensure smooth and efficient voting and vote counting and to secure uniformity of procedures under this Part.

(6) A returning officer shall not be required or authorised by an instruction given by the Minister under subsection (5) to do any act (whether of commission or omission) which is contrary to the Act of 1993, the Act of 1994, the Act of 1997 or the Regulations of 1995.

6. Application of certain provisions of relevant enactments.

6. —The provisions of—

(a) Parts I to III and VII of the Act of 1993,

(b) Parts I, II and IV of the Act of 1994,

(c) Parts I and II of the Act of 1997 and Parts I to IV, VI to X, XII and XIV to XVI of the Second Schedule to that Act, and

(d) Parts II, IV to VII, IX to XII and XIV to XVI of the Regulations of 1995,

shall, subject to the modifications specified in Schedule 1, 2, 3 or 4 to this Act, apply and have effect in relation to voting and vote counting under this Part at a relevant election or, as the case may be, a referendum.

7. Modification of relevant enactments in their application for purposes of Act.

7. — Schedules 1 to 4 to this Act have effect for the purpose of modifying certain enactments in so far as those enactments apply for the purposes of this Act.

8. Preparation of voting machines.

8. —(1) The returning officer at an election or referendum shall, after the content of a ballot paper is finalised, arrange for the printing and procuring of a sufficient quantity of such ballot papers for use on voting machines and to supply, where relevant, as soon as practicable to the local returning officers concerned such number of ballot papers for use on voting machines as those officers reasonably require.

(2) The returning officer or the local returning officer shall arrange to have installed on the voting machines for his or her constituency or local electoral area the ballot paper referred to in subsection (1), shall programme the details of the ballot paper in the cartridges or discs for recording votes to be cast on each such voting machine and have such a cartridge or disc installed in each voting machine.

(3) The returning officer or local returning officer shall ensure that, after installing a ballot paper and a cartridge or disc as aforesaid in the machine, each voting machine is operating satisfactorily.

(4) The returning officer or local returning officer shall cause the compartment of the machine which contains a cartridge or disc to be locked and sealed in such a manner as to prevent the compartment being interfered with without breaking the lock or seal except in accordance with section 11.

9. Opening of poll.

9. —(1) Immediately before the commencement of the poll at an election or referendum, the presiding officer at each polling station, after ensuring that the lock on the machine referred to in section 8 has not been interfered with, shall operate the voting machine in his or her charge to demonstrate to such persons as are present in the polling station that no votes are cast or recorded on the machine. The presiding officer shall cause a printed statement to be produced by the machine showing the names of candidates on the ballot paper at the election or the two questions on the ballot paper in the case of a referendum and that no votes are cast or recorded on the machine. The statement shall be signed by the presiding officer and witnessed by an agent or other person in the polling station. The presiding officer shall then place the voting machine in his or her view during the poll.

(2) If, for whatever reason, the voting machine concerned fails to produce the printed statement referred to in subsection (1), the information that would have been recorded in that statement, being information displayed on the voting machine's display screen, together with any other information specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the presiding officer and witnessed by an agent or other person in the polling station.

10. Procedure for voting.

10. —(1) Subject to the provisions in the relevant Act or Regulations concerning voting with the assistance of a companion or presiding officer, personation and the right to vote, the presiding officer shall permit an elector, who applies to vote and declares his or her name and address, to vote on a voting machine.

(2) Immediately before an elector is permitted to vote—

(a) the number (including polling district letter) and name of the elector as stated in the register shall be called out,

(b) a mark shall be placed in the register against the number of the elector to denote that the elector has been permitted to vote, and

(3) An elector on receiving permission to vote shall (subject to the provisions concerning voting with the assistance of a companion or presiding officer) go alone to one of the voting machines in the polling station or such one of them as he or she is directed to so go to by the presiding officer and there shall secretly record his or her preferences on the ballot paper displayed on the voting machine and shall then cast his or her vote by pressing the cast vote button on that machine. He or she shall vote without undue delay and shall leave the polling station as soon as he or she has voted.

(4) Where an elector has failed to cast, in accordance with subsection (3), his or her vote and has left the polling station and the presiding officer, accordingly, has reason to believe that the voting machine concerned is still open, the presiding officer shall verify, remotely (by means of the control unit), whether that is the case and, if the machine is open, shall de-activate it. Where an elector fails to leave a voting machine within a reasonable time, the provisions of section 106(1) of the Act of 1992, Rule 67 of the Second Schedule to the Act of 1997 or Article 68 of the Regulations of 1995, as appropriate, shall apply and, where, in such circumstances, the voting machine is still open, the presiding officer shall de-activate it.

(5) In a case to which subsection (4) applies, an elector shall not be entitled to re-apply to vote at the poll.

(6) The presiding officer shall keep a separate record and make out a separate statement in a form directed by the Minister of the number of electors permitted to vote on voting machines in the polling station and, as respects each such machine, the number of electors who voted on it and the number of instances arising under subsection (4) with respect to each such machine.

11. Duties of presiding officer at close of poll.

11. —(1) At the time fixed for the close of the poll the presiding officer shall take steps to ensure that no further electors are admitted to the polling station, but any elector on the premises at that time shall, subject to the provisions of the relevant Act or Regulations and this Part, be entitled to vote.

(2) As soon as practicable after the close of the poll, the presiding officer, after ensuring that the lock referred to in section 8 on each voting machine in the polling station has not been interfered with, shall cause a statement showing a list of the candidates on the ballot paper at the election or two questions on the ballot paper in the case of a referendum and the total number of votes recorded on the machine at the polling station to be produced by the machine. The statement shall be signed by the presiding officer and witnessed by another person in the polling station. The presiding officer shall then open the lock and remove the cartridge or disc from each such voting machine so that no further votes can be entered therein.

(3) The presiding officer shall immediately send the said cartridge or disc together with the statements produced at the opening and close of the poll referred to in section 9(1) and subsection (2) to the returning officer or to the local returning officer together with a polling station reconciliation account, in such form as may be directed by the Minister, made out by him or her and shall seal up in separate packets—

(a) the marked copies of the register of electors used,

(b) a statement prepared in accordance with section 104(2) of the Act of 1992 as applied to the relevant election or referendum by the Schedules to this Act, Rule 65 of the Second Schedule to the Act of 1997 or Article 66 of the Regulations of 1995,

(c) any authorisations given by the returning officer or local returning officer authorising persons to vote at the polling station and any undertakings by a personation agent to prove that a person has committed personation, and

(d) unused stationery and other documents and materials relating to the election or referendum,

and shall deliver all such packets to the relevant returning officer or local returning officer.

(4) The returning officer or the local returning officer shall make adequate arrangements for the safe custody of the packages delivered in pursuance of this section and of all documents connected with the poll.

(5) If, for whatever reason, the voting machine concerned fails to produce the printed statement referred to in subsection (2), the information that would have been recorded in that statement, being information displayed on the voting machine's display screen, together with any other information specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the presiding officer and witnessed by an agent or other person in the polling station.

12. Counting of postal and special voter ballot papers under this Part.

12. —(1) The sealed ballot box containing postal and special voters ballot papers shall be opened, in the presence of agents and not less than 2 members of the returning officer or local returning officer's staff, not earlier than one hour before the conclusion of voting on polling day.

(2) The ballot papers extracted by the returning officer or local returning officer from the said ballot box shall be counted and their total number compared with the number shown in the appropriate ballot paper account prepared under section 76 of the Act of 1992 (as modified and applied to the Act of 1993 or Act of 1994) or Rule 39 of the Second Schedule to the Act of 1997 or Article 41 of the Regulations of 1995 as applied to this Part by a Schedule to this Act.

(3) The returning officer or local returning officer, while counting and recording the number of ballot papers, shall cause the said papers to be kept face upwards and shall take due precautions to prevent any person from seeing the numbers printed on the backs of the said papers.

(4) Section 48 of the Act of 1993, section 34 of the Act of 1994, Rule 82(2) to (4) of the Second Schedule to the Act of 1997 and Article 80(2) to (5) of the Regulations of 1995, as appropriate, shall apply to ballot papers dealt with under this section.

(5) The returning officer or local returning officer shall reject any of the ballot papers that are invalid and before commencing the entry of ballot paper preferences, the returning officer or local returning officer shall operate the voting machine in his or her charge, which shall have a cartridge or disc installed in it in accordance with section 8, to demonstrate to such persons as are present that no votes are cast or recorded on the voting machine. The returning officer or local returning officer shall cause a printed statement to be produced by the voting machine showing the names of the candidates on the ballot paper at the election or the two questions on the ballot paper in the case of a referendum and that no votes are cast or recorded on the machine. The returning officer or local returning officer shall then in the presence of agents and not less than 2 members of his or her staff enter the preferences shown on the postal and special voters ballot papers on the ballot paper displayed on the voting machine. After a vote preference or preferences has or have been entered on the said ballot paper from each postal or special voter ballot paper, the returning officer or local returning officer shall then press the cast vote button on the voting machine.

(6) On completion of the entry of the votes in the voting machine, the returning officer or local returning officer shall cause a printed statement to be produced by the machine showing the list of candidates on the ballot paper at the election or the questions on the ballot paper in the case of a referendum and the number of votes recorded.

(7) The statements produced under subsections (5) and (6) shall be signed by the returning officer or local returning officer or a person authorised by him or her and witnessed by an agent or if no agent is present by another person present.

(8) The returning officer or local returning officer shall extract the cartridge or disc from the voting machine and retain it, together with statements produced by the voting machine, in a sealed envelope until the counting of votes commences in accordance with section 13.

(9) On completion of the activity referred to in subsection (8), the returning officer or local returning officer shall place in separate sealed packets—

(a) the postal and special voters ballot papers, and

(b) the ballot papers rejected under subsection (5),

and shall mark on each packet particulars of its contents, the date of the polling day at the election or referendum and the constituency or local electoral area to which it relates and such packets shall be retained and accounted for together with other election or referendum documents specified in the relevant Act or Regulations.

(10) If, for whatever reason, the voting machine concerned fails to produce the printed statement referred to in subsection (5) or (6), the information that would have been recorded in that statement, being information displayed on the voting machine's display screen, together with any other information specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the returning officer or local returning officer and witnessed by an agent or if no agent is present by another person present.

13. Preliminary proceedings and time for counting of votes.

13. —(1) Following the closing of the poll, the returning officer or local returning officer, at the place appointed under the relevant Act or Regulations, shall, unless circumstances arise that render it impracticable at that time to do so, proceed with the counting of the votes, in the presence of agents, as the cartridges or discs referred to in sections 11 and 12 are received at the count centre. If circumstances as aforesaid arise, the returning officer or local returning officer shall, upon those circumstances ceasing to exist, proceed with the counting of the votes in the manner aforesaid.

(2) Immediately on receipt of the cartridges or discs from the various polling stations, including the cartridge or disc containing the votes of postal and special voters, the returning officer or local returning officer in the presence of the agents shall insert each cartridge or disc in an apparatus provided in the constituency or local electoral area concerned for the purpose of counting the votes entered in the voting machines in the various polling stations in that constituency or local electoral area (in this Part referred to as a “constituency vote counting machine”).

(3) The returning officer or local returning officer shall compare the number of votes shown on the constituency vote counting machine in respect of each cartridge or disc from a voting machine with the number of votes recorded on the statements prepared pursuant to sections 11 and 12 in respect of each machine and shall prepare a statement showing the result of this comparison in respect of all the voting machines. The returning officer or local returning officer shall, on request, allow an agent to be present at that procedure and shall on request provide a copy of the second-mentioned statement to any agent.

(4) When the cartridges or discs are received from all the voting machines for the constituency or local electoral area and are dealt with in accordance with subsection (2), the returning officer or local returning officer shall cause the constituency vote counting machine to mix the votes recorded in all the cartridges or discs inserted on the said machine, to create a table of the mixed votes which shall be numbered in consecutive order, the number “1” being assigned to the vote placed highest in the table, the number “2” being assigned to the vote placed next highest in the table and so on, and to proceed to cause the said machine to count the votes in accordance with the provisions of the relevant Act or Regulations and this Act.

(5) Where more than one poll, including a referendum, is held on the same polling day, the provisions of section 165 of the Act of 1992 as modified by Part 3 of the Act of 2001 shall apply.

14. Further application of certain provisions of relevant enactments.

14. —(1) Without prejudice to section 12(4), in the case of a European election, Part XI of the Second Schedule to the Act of 1997 (other than paragraphs (2) to (4) of Rule 82 and Rule 89) shall apply to the counting of votes under this Act. Any reference in the Act of 1997 to a ballot paper or papers shall be construed as a reference to a vote cast on a voting machine or, in the case of a reference to postal or special voters ballot papers, a vote entered in a voting machine.

(2) Any reference to the functions referred to in that Part XI, as applied to this Act, being performed by the returning officer or local returning officer shall be construed as a reference to the performance of those functions by electronic methods.

(3) Rule 83 of the Second Schedule to the Act of 1997, as so applied, shall have effect as if the reference in that Rule to Rule 79 were a reference to section 13 of this Act and the words “, rejecting any that are invalid,” were deleted.

(4) Without prejudice to section 12(4), in the case of a local election, Part XIII of the Regulations of 1995 (other than sub-articles (2) to (5) of Article 80 and Article 87) shall apply to the counting of votes under this Act. Any reference in that Part XIII to a ballot paper shall be construed as a reference to a vote cast on a voting machine or, in the case of a reference to postal or special voters ballot papers, a vote entered in a voting machine.

(5) Any reference to the functions referred to in that Part XIII, as applied to this Act, being performed by the returning officer shall be construed as a reference to the performance of those functions by electronic methods.

(6) Article 81 of the Regulations of 1995, as so applied, shall have effect as if the reference in that Article to Article 76 were a reference to section 13 of this Act and the words “, rejecting any that are invalid,” were deleted.

(7) Without prejudice to section 12(4), in the case of a referendum, Part III of the Act of 1994 (other than subsections (1) to (4) of section 34 and section 36) shall apply to the counting of votes under this Act. Any reference in that Part III to a ballot paper or papers shall be construed as a reference to a vote cast on a voting machine or, in the case of a reference to postal or special voters ballot papers, a vote entered in a voting machine.

(8) Any reference to the functions referred to in that Part III, as applied to this Act, being performed by the returning officer or local returning officer shall be construed as a reference to the performance of those functions by electronic methods.

(9) Section 35 of the Act of 1994, as so applied, shall have effect as if the words “ section 13 of the Electoral (Amendment) Act 2004 ” were substituted for the words “section 114 of the Act of 1992 (as applied by section 33)” and the words “, rejecting any that are invalid,” were deleted.

(10) Without prejudice to section 12(4), in the case of a presidential election, Part IV of the Act of 1993 (other than sections 48 and 52) shall apply to the counting of votes under this Act. Any reference in that Part IV to a ballot paper shall be construed as a reference to a vote cast on a voting machine or, in the case of postal or special voters ballot papers, a vote entered in a voting machine.

(11) Any reference to the functions referred to in that Part IV, as applied to this Act, being performed by the local returning officer or returning officer shall be construed as a reference to the performance of those functions by electronic methods.

(12) Section 54 of the Act of 1993, as so applied, shall have effect as if the words “ section 13 of the Electoral (Amendment) Act 2004 ” were substituted for the words “section 114 of the Act of 1992 (as applied by section 47)” and the words “, rejecting any that are invalid,” were deleted.

15. Election petitions.

15. —Part V of the Act of 1993, Part IV of the Act of 1994, Part XV of the Second Schedule to the Act of 1997 or the Local Elections (Petitions and Disqualifications) Act 1974, as appropriate, shall apply to voting and vote counting under this Part as modified by section 16 and the relevant Schedule to this Act.

16. Modification of Local Elections (Petitions and Disqualifications) Act 1974 in its application for purposes of Act.

16. — The Local Elections (Petitions and Disqualifications) Act 1974, in its application to voting and vote counting under this Act, shall have effect as if the following section were substituted for section 8:

“8.—(1) The court may, for the purposes of the trial of a petition, if it thinks fit, order—

(a) that all the votes cast at the election in a local electoral area shall be counted afresh, or

(b) that all the votes so cast or recorded in cartridges or discs in particular voting machines shall be so counted,

and where the court so orders, the provisions of this section shall have effect.

(2) For the purpose of enabling such an order to be carried out, the software used for counting votes cast on voting machines shall include a capability of providing a table of the preferences recorded for each vote cast at the poll at the election, including the vote number referred to in section 13 of the Electoral (Amendment) Act 2004 and a separate record of each vote cast at the election, showing the preferences recorded on it and the vote number referred to in that section 13 and where applicable, the number at each count at which the vote was either transferred to the next available preference recorded on it or became a non-transferable vote not effective.

(3) Votes to which an order under this section relates shall be counted afresh under the direction of the court in accordance with Part XIII of the Regulations of 1995 as modified by Schedule 2 to the Electoral (Amendment) Act 2004 but subject to subsections (4), (5) and (6) of this section and to such modifications (if any) as the court considers necessary.

(4) In counting the votes afresh pursuant to an order under this section, the count shall begin without disturbing the mix carried out by the constituency vote counting machine under section 13 of the Electoral (Amendment) Act 2004.

(5) Where votes are counted afresh pursuant to an order under this section and the court decides that votes shall be added to, or removed from, the vote table the software shall be capable of so adding or removing votes so that there shall be a minimum disturbance to the mix carried out by the constituency vote counting machine prior to the original count.

(6) The court shall have power to reverse any decision of the returning officer at the original count.

(7) The costs of giving effect to an order under this section shall be paid by the local authority concerned.”.

PART 3 Commission on Electronic Voting

17. Commission on Electronic Voting.

17. —(1) The Commission constituted by the Government prior to the passing of this Act as the Commission on Electronic Voting and Counting and styled in the Irish language “An Coimisiún um Vótáil Leictreonach” and in the English language “Commission on Electronic Voting” shall continue in being and continue to be so known and styled (and in this Act is referred to as the “Commission”).

(2) A person who immediately before the passing of this Act is the chairperson or an ordinary member of the Commission shall continue in office as such chairperson or ordinary member subject to and in accordance with this Act.

18. Independence of Commission.

18. —The Commission and its members shall be independent in the performance of their functions under this Part.

19. Membership.

19. —The Commission shall consist of the following members:

(a) a judge of the High Court who shall be the chairperson of the Commission;

(b) the Clerk of the Dáil;

(d) 2 other persons with knowledge or experience in the field of information technology.

20. Provisions in relation to members.

20. —(1) Where, before the reports of the Commission referred to in section 21 have been presented to the Chairman of the Dáil under section 22, the person appointed to be chairperson of the Commission—

(a) through ill-health or other reasonable cause becomes unable to act as such chairperson, the President of the High Court shall assign another judge of the High Court to be a member and the chairperson of the Commission,

(b) ceases to hold office as a judge of the High Court, the person shall continue as such chairperson until the reports of the Commission have been presented unless the President of the High Court assigns another judge to be a member and the chairperson of the Commission,

and the person so assigned shall be a member and the chairperson of the Commission accordingly.

(2) Where the holder of an office referred to in paragraph (b) or (c) of section 19 or a person referred to in paragraph (d) of that section, through ill-health or other reasonable cause, is unable to act as a member of the Commission, or any such office is vacant, the Government may appoint, in the case of—

(a) the Clerk of the Dáil, the Clerk-Assistant of the Dáil,

(b) the Clerk of the Seanad, the Clerk-Assistant of the Seanad,

to be a member of the Commission and the person so appointed shall remain a member of the Commission until the reports of the Commission are presented to the Chairman of the Dáil under section 22.

(3) Where, before the reports of the Commission have been presented to the Chairman of the Dáil under section 22, a person who is a member of the Commission ceases to hold an office referred to in paragraph (b) or (c) of section 19, that person shall continue as a member of the Commission until the reports of the Commission have been presented unless the Government by order directs that the person's successor in office or the appropriate person referred to in paragraph (a) or (b) of subsection (2) shall be a member of the Commission.

(4) Subject to subsections (1), (2) and (3), the Commission may act notwithstanding vacancies in its membership.

21. Functions of Commission.

21. —It shall be the function of the Commission to make—

(a) such reports as are required by the terms of reference given by the Government to the Commission before the passing of this Act and which terms of reference are set out in Schedule 5 to this Act, and

(b) such reports (if any) as may be required pursuant to section 22(5), and, for the purposes of this Act, the references in those terms to elections shall be deemed to include references to any other poll or polls held throughout the State on the date concerned pursuant to any enactment.

22. Presentation of reports of Commission.

22. —(1) The Commission shall present the reports which it is required to make in accordance with section 21(a) to the Chairman of the Dáil.

(2) The Commission shall present any report which it is required to make pursuant to subsection (5) to the Chairman of the Dáil.

(3) As soon as may be after the receipt of a report referred to in subsection (1) or (2) the Chairman of the Dáil shall cause the report to be laid before each House of the Oireachtas.

(4) Subject to subsection (5), upon the expiry of 2 months from the presentation by the Commission of the last of the reports (the “final report”) which it is required to make in accordance with section 21(a), the Commission shall stand dissolved.

(5) If, before the presentation of the final report, the Government by order (which order the Government is, by virtue of this section, empowered to make) request the Commission to make such further report or reports in relation to such matters as may be specified in the order, the Commission shall not stand dissolved until the presentation of the report, or the last of the reports, pursuant to that order.

(6) An order under subsection (5) shall not have effect unless and until it is confirmed by resolution passed by each House of the Oireachtas.

23. Commission to invite and consider submissions.

23. —(1) The Commission may, in accordance with its terms of reference, invite and consider submissions from the public on such basis as it may consider appropriate.

(2) The Commission shall consider submissions made to it pursuant to this section.

24. Staff and assistance.

24. —The Secretary General of the F1[Houses of the Oireachtas Service] shall make available to the Commission such services, including the services of staff of the Houses of the Oireachtas Commission, as may reasonably be required by the first-mentioned Commission.

25. Expenses.

25. —(1) The expenses of the Commission, including the reasonable travelling and other expenses of the members of the Commission and expenses arising from the provision of services to the Commission pursuant to section 24 shall, subject to such conditions as the F2[Minister for Public Expenditure and Reform] may determine, be charged on and paid out of the Central Fund or the growing produce thereof F3[by the Minister for Finance with the approval of the Minister for Public Expenditure and Reform].

(2) Notwithstanding the provisions of any other enactment, subsection (1) shall apply and have effect in relation to all expenses incurred by the Commission prior to the passing of this Act and such expenses shall be recouped from the Central Fund in accordance with such arrangements as may be determined by the F4[Minister for Public Expenditure and Reform].

(3) Section 5(3) of the Houses of the Oireachtas Commission Act 2003 shall not apply to any monies recouped pursuant to this section.

(4) The Commission shall keep all proper and usual accounts of all moneys received or expended by it in the performance of its functions under this Part and shall comply with any direction of the Minister for Finance as to the form and manner and period in respect of which such accounts are to be kept.

(5) Accounts kept in pursuance of subsection (4) shall be submitted by the Minister for Finance to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the accounts and a copy of the report of the Comptroller and Auditor General on the accounts shall be laid by that Minister before each House of the Oireachtas.

26. Procedure of Commission.

26. —Subject to the provisions of this Act, the Commission shall regulate its own procedure.

27. Prohibition on disclosure of information and absolute privilege of certain matters.

27. —(1) No person shall, without the consent of the Commission, disclose to any person any information obtained while serving as (or during service as) a member of the Commission or as a person whose services are made available to the Commission under section 24 or as a consultant or other person providing services to the Commission, being information relative to the business of the Commission or the performance of its functions.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,500.

(3) The following shall be absolutely privileged:

(a) documents of the Commission, and documents of its members connected with the Commission or its functions, wherever published;

(b) reports of the Commission, wherever published;

(c) statements made in any form at meetings or sittings of the Commission by its members or staff, consultants or other persons providing services to the Commission and such statements wherever published subsequently.

28. Prohibition of certain communications.

28. —(1) Subject to the provisions of section 23, it shall not be lawful for any person to communicate with the members of the Commission, or staff whose services are made available to the Commission under section 24 or a consultant or other person providing services to the Commission, for the purposes of influencing the Commission in performing its functions.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,500.

29. Indemnification of Commission and certain other persons.

29. —(1) The Government shall, on such terms as it thinks appropriate, indemnify the Commission and each of its members against all actions and claims however they arise in respect of the performance by the Commission or a member of it of functions under this Part.

(2) The costs of any indemnification under subsection (1) shall, to such extent as may be determined by the Minister and the Minister for Finance, be met in the same manner as section 25 provides that the expenses of the Commission shall be met.

(3) The Commission may, with the consent of the Minister for Finance and subject to any conditions that the Minister for Finance specifies in the consent, indemnify, on such terms as it thinks appropriate—

(a) any person against any loss or damage in respect of intellectual property rights or other loss or damage that may arise from the performance by it of functions under this Part, or

(b) any person against all actions or claims however they arise in respect of any act or omission of that person if it considers such indemnification of that person to be necessary or expedient for the purpose of the performance by it of functions under this Part.

(4) References in this section to the performance by the Commission or a member of it of functions under this Part shall be deemed to include references to activities undertaken by the Commission or the member, before the passing of this Act, in fulfilment or purported fulfilment of the terms of reference as set out in Schedule 5 to this Act (including those terms as they are to be construed in accordance with section 21(b)); accordingly an indemnity under this section may be given in respect of an act done or an omission made before the passing of this Act, including in respect of any damage resulting from such an act or omission.

(5) For the avoidance of doubt, nothing in the Insurance Acts 1909 to 2000, regulations made under those Acts or regulations relating to insurance made under the European Communities Act 1972 shall affect anything required or authorised to be done by this section.

PART 4 Miscellaneous

30. Provision of detailed poll information.

30. —(1) The Minister may provide, by regulations, for the provision, after the conclusion of the counting of votes in an election or a referendum, of statistical information on a specified proportion of the poll concerned, including detailed information on the votes cast and comprised in that specified proportion.

(2) The content, format and extent of the information which may be provided pursuant to those regulations shall be such that the secrecy of the ballot is preserved.

(3) Subject to subsection (2), regulations under this section shall provide for the means by which the information concerned is provided to persons (and the means so provided shall include provision for publication, in a specified manner, of the information to members of the public) and may provide for payment of a reasonable fee in respect of such provision (other than such provision by means of publication).

(4) Notwithstanding anything in regulations under this section, the returning officer or local returning officer concerned may decide not to allow for the provision of information referred to in subsection (1) in respect of any grouping of votes where he or she forms the opinion, whether by reason of the limited number of votes cast in an area or otherwise, that the provision of such detailed information in respect of that grouping of votes would infringe the secrecy of the ballot, and where he or she so decides that information shall, accordingly, not be provided in respect of that grouping of votes.

31. Amendment of section 88 of Electoral Act 1992.

31. —Section 88(2) of the Electoral Act 1992 is amended in paragraph (cc) (inserted by section 21(b) of the Electoral (Amendment) Act 2001) by inserting after “for that purpose”, “and the purposes of Part 3 of the Electoral (Amendment) Act 2001 ”.

32. Amendment of Electoral (Amendment) Act 2001.

32. — The Electoral (Amendment) Act 2001 is amended—

(a) in section 35 by—

(i) deleting “, biometric, photonic” in the definition of “electronic”, and

(ii) inserting “recorded and” after “are” in the definition of “electronic voting system”,

(b) in section 36 by—

(i) in subsection (1), inserting after “Minister.” the following:

“In considering whether to approve such equipment the Minister shall have regard to any report or reports available to him or her with respect to the matter (being a report or reports prepared by a body or bodies which are accredited to or recognised by the European Co-operation for Accreditation) and shall be satisfied that the equipment enables a Dáil election to be conducted in accordance with the relevant enactments (in particular with regard to such matters as the integrity and confidentiality of the voting and vote counting processes).”,

(ii) inserting after subsection (1), the following:

“(1A) Without prejudice to the generality of subsection (1), a voting machine shall not be approved under that subsection unless—

(a) it is designed so as to de-activate automatically, or be capable of being de-activated by an operator under the control of the presiding officer, between each vote cast by individual voters, and

(b) the control unit (or other appropriate device) of it is designed so as to indicate to the operator whether the machine is open for voting and the total number of votes cast and stored on the machine without, in either case, revealing individual preferences of the votes so cast and stored.

(1B) Without prejudice to subsection (4), the Minister may from time to time prepare and publish to returning officers guidelines concerning the steps to be taken by them and such other persons as are specified in the guidelines to ensure compliance by them with this Part generally and, in particular, the matters specified in subsection (1) and section 41(4) or, as appropriate, section 10(4) of the Electoral (Amendment) Act 2004.”,

and

(iii) in subsection (2), inserting after “Minister may”, “, if he or she is of opinion that the public interest so requires,”,

“(ii) for ‘obtained a ballot paper’ in subsection (1)(b) there were substituted ‘applied to vote’;

(iii) there were deleted `(otherwise than under section 102)' in subsection (1)(b); and

(iv) for ‘obtained a ballot paper’ in subsection (2) there were substituted ‘applied to vote’;”,

(d) in section 40 by substituting the following subsection for subsection (2):

“(2) If, for whatever reason, the voting machine concerned fails to produce the printed statement referred to in subsection (1), the information that would have been recorded in that statement, being information displayed on the voting machine's display screen, together with any other information specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the presiding officer and witnessed by an agent or other person in the polling station.”,

(e) in section 41 by substituting the following subsection for subsection (4):

“(4) Where an elector has failed to cast, in accordance with subsection (3), his or her vote and has left the polling station and the presiding officer, accordingly, has reason to believe that the voting machine concerned is still open, the presiding officer shall verify, remotely (by means of the control unit), whether that is the case and, if the machine is open, shall de-activate it. Where an elector fails to leave a voting machine within a reasonable time the provisions of section 106(1) of the Act of 1992 shall apply and where, in such circumstances, the voting machine is still open the presiding officer shall de-activate it.”,

(f) in section 42 by substituting the following subsection for subsection (5):

“(5) If, for whatever reason, the voting machine concerned fails to produce the printed statement referred to in subsection (2), the information that would have been recorded in that statement, being information displayed on the voting machine's display screen, together with any other information specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the presiding officer and witnessed by an agent or other person in the polling station.”,

and

(g) in section 43 by—

(i) in subsection (1), inserting after “staff,”, “not earlier than one hour”, and

(ii) substituting the following subsection for subsection (10):

“(10) If, for whatever reason, the voting machine concerned fails to produce the printed statement referred to in subsection (5) or (6), the information that would have been recorded in that statement, being information displayed on the voting machine's display screen, together with any other information specified by the form to be entered on it, shall be entered on a form directed by the Minister for the purposes of this subsection. The form shall be signed by the returning officer or a person authorised by him or her and witnessed by an agent or if no agent is present by another person present.”.

33. Amendment of Schedule to Electoral Act 1997.

33. —The Schedule to the Electoral Act 1997 (inserted by section 50(v) of the Act of 2001) is amended by deleting subparagraph (a) of paragraph 2.

34. Amendment of section 161 of Local Government Act 2001.

34. — Section 161 of the Local Government Act 2001 is amended—

(a) in subsection (2), by substituting “Act, subject to the proviso that an order under subsection (1)(b) may be made before or after that day” for “Act”,

(b) in subsection (3), by substituting “Where, after the said ordinary day of retirement,” for “Where”, and

35. Unlawful possession of polling information card.

35. —(1) A person shall be guilty of an offence if the person, without lawful authority—

(a) takes, destroys, conceals or otherwise interferes with a polling information card, or

(b) presents such a card at a polling station,

which is not addressed to the person in accordance with section 92 of the Act of 1992, section 23 of the Act of 1994, Rule 54 of the Second Schedule to the Act of 1997 F5[, Article 55 of the Regulations of 1995 or paragraph 40 of Part 1 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024.]

(2) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding €3,500 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 2 years or both.