Reform history

# Electoral (Amendment) Act 2006

##### 1 Interpretation.

“ Act of 1992 ” means the Electoral Act 1992;

“ constitutional referendum ” means a referendum on a proposal for the amendment of the Constitution;

“ Minister ” means the Minister for the Environment, Heritage and Local Government;

“ ordinary referendum ” means a referendum on a proposal other than a proposal for the amendment of the Constitution;

“ prison ” means—

(*a*) a place to which the Prisons Acts 1826 to 1980 apply, or

(*b*) Saint Patrick’s Institution;

“ referendum ” means a constitutional referendum or an ordinary referendum;

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

“ relevant official ”, in relation to a prison, means the governor or other person in charge of the prison or any person employed in the prison who is authorised by the said governor or other person in charge to perform any function expressed by this Act, other than this section, to be performable by such an official.

##### 2 Entry of names in postal voters list.

(*a*) not later than the last date for making claims for corrections in the draft register applies to be so entered,

(*b*) otherwise for the purposes of this section (other than *subsection (1)(c)*),

##### 3 Application to be entered in postal voters list.

**3**.— (1) The following provisions shall apply in relation to an application to be entered in the postal voters list pursuant to *section 2*:

(*c*) the application form, duly completed and accompanied by the certificate referred to in *subsection (2)*, shall be handed to the relevant official who shall send it or cause it to be 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) The certificate referred to in *subsection (1)(c)* is a certificate, in the form directed by the Minister, under the hand of the relevant official of the prison concerned stating that the applicant is a person who is detained in prison pursuant to an order of a court and the circumstances of the elector’s detention 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.

##### 4 Applicant to provide information or documents.

**4**.— (1) A person making an application to be entered in the postal voters list pursuant to *section 2* shall furnish to the registration authority any information or documents in the applicant’s possession or procurement which the authority may require for the purposes of—

(*a*) satisfying itself that the applicant is a person to whom *section 2* applies, or

(2) If a registration authority makes a requirement pursuant to *subsection (1)*, it may specify in the requirement or in a subsequent notice given by it in relation to the requirement the period of time within which the requirement shall be complied with and, if the applicant does not comply within the period so specified, the application referred to in *subsection (1)* shall be deemed to have been withdrawn.

(3) The period of time (if any) specified in the requirement or notice referred to in *subsection (2)* shall not be less than 7 days from the day on which the requirement is made or the notice is given, as the case may be.

##### 5 Notices and application forms.

**5**.— (1) The registration authority shall, within the period of 14 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 2*,

(2) The registration authority shall arrange for the provision of application forms referred to in *subsection (1)* at such times and places as are specified in a notice pursuant to that subsection (and the places so specified shall include every prison situated in the area of the registration authority) and such an application form shall be supplied free of charge to any person who requests such a form.

##### 6 Consideration of applications.

**6**.— (1) Where the registration authority is satisfied that a person making an application under *section 2* (the “applicant”)—

(*a*) is an elector to whom *section 2* applies,

(*b*) has duly completed the application form referred to in *section 3*, and

(*c*) has furnished the certificate required under *section 3*,

(2) Where the registration authority is not satisfied, as respects the applicant’s application with regard to the matters referred to in *subsection (1)(a)*, *(b)*and*(c)*, the registration authority shall—

(3) Subject to *subsection (4)*, whenever an application is received by the registration authority after the date specified in *section 2(1)(a)*, the application shall be disregarded and the applicant shall be notified accordingly.

(*a*) a date to be the latest date for receiving applications under *section 2* in lieu of the date specified in *paragraph (a)* of *subsection (1)* of that section and *section 3(1)(c)*, and

(*b*) a period within which the notice referred to in *section 5(1)* shall be given in lieu of the period specified therein,

and *subsection (3)* shall be construed accordingly.

(5) The Minister may include in an order under *subsection (4)* a provision providing that—

(6) Rules 16 and 17 of Part II of the Second Schedule to the Act of 1992 shall apply to an appeal against a ruling of a registration authority in respect of an application under *section 2* (including that section as it has effect by virtue of *subsection (4)*) as they apply to an application for entry in the supplement to the register and, accordingly, the reference in the said Rule 16 to an application for entry in the supplement to the register shall, for the purposes of the application of that Rule by this subsection, be construed as a reference to an application for entry in the postal voters list under *section 2* (including that section as it has effect by virtue of *subsection (4)*).

##### 7 Voting by electors under this Act.

“ ballot paper envelope ” has the meaning specified in section 68(3) of the Act of 1992;

“ covering envelope ” has the meaning specified in section 68(3) of the Act of 1992.

##### 8 Amendment of Second Schedule to European Parliament Elections Act 1997.

“Voting by electors referred to in *section 2* of the *Electoral (Amendment) Act 2006*.

‘ ballot paper envelope ’ has the meaning specified in Rule 32(3);

‘ covering envelope ’ has the meaning specified in Rule 32(3);

‘ relevant official ’ has the meaning specified in *section 1* of the *Electoral (Amendment) Act 2006*.”.

##### 9 Amendment of Regulations of 1995.

“Voting by electors referred to in *section 2* of the *Electoral (Amendment) Act 2006*.

‘ ballot paper envelope ’ has the meaning specified in Article 33(3);

‘ covering envelope ’ has the meaning specified in Article 33(3);

‘ relevant official ’ has the meaning specified in *section 1* of the *Electoral (Amendment) Act 2006*.”.

##### 10 Amendment of section 15A of Act of 1992.

(*a*) in subsection (1), by substituting “, in section 63 of the Electoral Act 1997 or in *section 2* of the *Electoral (Amendment) Act 2006*” for “or in section 63 of the Electoral Act, 1997”;

“(*bb*) The provisions of *sections 3*, *4*, *5* (other than *subsection (1)*) and *6* (other than *subsections (3)*, *(4)*, *(5)* and *(6)*) of the *Electoral (Amendment) Act 2006* 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 2* (but who has not complied with *subsection (1)(a)* of that section) of that Act as if:

(ii) references to ‘*section 2*’, other than those which occur in *sections 4(1)(a)* and *6(1)(a)*, were references to this section;

(iii) in *section 3(1)(c)*, ‘to the registration authority’ were 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 5(2)*, ‘*section 3*’ were substituted for ‘*subsection (1)* at such times and places as are specified in a notice pursuant to that subsection (and the places so specified shall include every prison situated in the area of the registration authority)’.”.

##### 11 Amendment of Rule 1 of Second Schedule to Act of 1992.

##### 12 Amendment of Rule 14A of Second Schedule to Act of 1992.

(*c*) the application form, duly completed and accompanied by the certificate referred to in paragraph (2B), shall be handed to the relevant official (within the meaning of *section 1* of the *Electoral (Amendment) Act 2006*) who shall send it or cause it to be sent by post to the registration authority.

##### 13 Amendment of section 22 of Seanad Electoral (University Members) Act 1937.

the word ‘prison’ has the meaning assigned to it in *section 1* of the *Electoral (Amendment) Act 2006*;

the expression ‘relevant official’ has the meaning assigned to it in *section 1* of the *Electoral (Amendment) Act 2006*;

##### 14 Amendment of Seanad Electoral (Panel Members) Act 1947.

“the word ‘ prison ’ has the meaning assigned to it in *section 1* of the *Electoral (Amendment) Act 2006*;”,

“the expression ‘ relevant official ’ has the meaning assigned to it in *section 1* of the *Electoral**(Amendment) Act 2006*;”,

“(4) In this section the expression ‘ returning by regis tered post ’ includes, in the case of an elector who is detained in prison pursuant to an order of a court, the return by the relevant official, or by a person acting under the relevant official’s direction, of the documents referred to in subsection (1) on behalf of the elector concerned.”,

“(2) In this section the expression ‘ returning by regis tered or ordinary post ’ includes, in the case of an elector who is detained in prison pursuant to an order of a court, the return by the relevant official, or by a person acting under the relevant official’s direction, of the documents referred to in subsection (1) on behalf of the elector concerned.”,

##### 15 Alternative voting arrangements under this Act.

(*b*) on or before the second day after the date of the making of the order appointing polling day at a Dáil bye-election, or a Presidential, European or local election, or a referendum,

(2) Notwithstanding the provisions of *subsection (1)*, where a request by an elector to have his or her name deleted from the postal voters list is received after the relevant date referred to in *paragraph (a)* or *(b)* of that subsection in relation to an election or a referendum but before the relevant date referred to in either *paragraph (a)* or *(b)* in relation to another election or referendum, the poll at which is to be held on the same day, the relevant date for the second or subsequent election or referendum shall apply to a request received under either of the said paragraphs in connection with the elections or referendums.

(*a*) an elector’s name is entered in the postal voters list pursuant to this Act and the elector is discharged from the prison in which he or she has been detained before polling day at an election or a referendum in circumstances where the elector has not given notice in accordance with *subsection (1)*, and

(5) In a case to which *subsection (3)* applies, the elector concerned shall be deemed to be a postal voter for the purposes of Part VII of the Electoral Act 1997, and section 68 of that Act, Rule 29A of the Second Schedule to the European Parliament Elections Act 1997 or Article 30A of the Regulations of 1995, as the case may be, shall accordingly apply to voting by the elector.

##### 16 Amendment of section 6 of European Parliament Elections Act 1997.

##### 17 Amendment of Articles 83, 84, 89 and 90 of Regulations of 1995.

##### 18 Amendment of Presidential Elections Act 1993.

##### 19 List relating to draft register and register in force.

**19**.— Notwithstanding anything in the Data Protection Acts 1988 and 2003, a registration authority may, for the purposes of assisting in the preparation of a complete and accurate register of electors, prepare and publish, at any time after it publishes a draft register of electors in accordance with Rule 5 of the Second Schedule to the Act of 1992, a list, in such form and manner as the authority considers appropriate, of the names of all persons who are registered as electors in the register (in force at the time of publication of that draft register) but whose names are not included in that draft register.

##### 20 Short title, collective citation and construction.