Electoral Reform Act 2022

An Act to provide for the establishment of An Coimisiún Toghcháin; to confer on the Commission certain functions in relation to the preparation and maintenance of the Register of Political Parties; to provide that the Commission shall explain, to the public, the subject matter of referendums; to provide that the Commission shall provide information, to the public, on electoral processes and encourage participation, by the public, in the democratic processes of the State; to provide for the review, by the Commission, of constituencies for the election of members to Dáil Éireann and to the European Parliament; to provide for the review, by the Commission, of local authority electoral area boundaries; to confer on the Commission a policy, research and advisory function; to provide that the Commission shall oversee the electoral register; to confer on the Commission the power to set standards for registration authorities and make recommendations to registration authorities or to the Minister in relation to the registration of electors; to modernise the arrangements for the registration of electors; to provide for continuous registration on the basis of individual application; to provide for necessary and appropriate data sharing to assist registration authorities in updating and maintaining the register; to provide for annual reporting by registration authorities to the Commission; to provide for a designated registration authority to manage a shared database for registration authorities to use in the performance of their functions; to provide for anonymous registration in certain limited cases; to provide a specific registration process for persons with no fixed address; to provide for a pending electors list for persons aged 16 and 17; to provide for the extension of postal voter categories to include special voters in certain circumstances; to provide a framework for the regulation of online political advertising during election periods by the Commission; to provide for the labelling of online political advertisements; to provide for transparency notices for online political advertisements; to confer on the Commission the power to monitor compliance, carry out investigations and take enforcement action under this Act in so far as it relates to online political advertising; to provide for a regulatory framework to protect the integrity of elections and referendums against the dissemination or publication of online disinformation, online misinformation and manipulative or inauthentic behaviour online; to facilitate elections during a pandemic or Covid-19; to provide for polling on the islands; to amend the Electoral Act 1997 to enhance transparency in relation to certain donations to political parties and to provide, inter alia, for the preparation by political parties of consolidated annual statements of accounts; to provide for the holding of fundraising lotteries by political parties; and to provide for related matters.

[25th July, 2022]

Be it enacted by the Oireachtas as follows:

PART 1 Preliminary and General

1. Short title, collective citations, construction and commencement

1. (1) This Act may be cited as the Electoral Reform Act 2022.

• (2) The Electoral Acts 1992 to 2019 and sections 6 to 30, 41 to 59, 61 to 69, 72, 77 to 114 and 173 may be cited together as the Electoral Acts 1992 to 2022 and shall be construed together as one.

• (3) The European Parliament Elections Acts 1992 to 2019 and sections 75, 115 and 176 may be cited together as the European Parliament Elections Acts 1992 to 2022 and shall be construed together as one.

• (4) The Referendum Acts 1992 to 2013 and sections 31 to 40, 117 and 174 may be cited together as the Referendum Acts 1992 to 2022 and shall be construed together as one.

• (5) 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, and for the repeal of different provisions of enactments effected by section 4.

2. Interpretation

2. In this Act—

“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 Local Government Act 2001;

“Act of 2006” means the Electoral (Amendment) Act 2006;

“Act of 2014” means the Companies Act 2014;

“chairperson” means the chairperson of the Commission;

“chief executive” has the meaning assigned to it by section 21;

“Commission” means An Coimisiún Toghcháin established under section 8;

“Dáil” means Dáil Éireann;

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

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

“election” means, as the context may require, a Dáil election, a European election, a local election, a presidential election F1[, a Seanad election or a Limerick mayoral election;]

“enactment” has the same meaning as it has in the Interpretation Act 2005;

“European Communities” has the same meaning as it has in the European Communities Act 1972;

“European election” means an election in the State of members to the European Parliament;

“European political party” means a European political party established and registered with the Authority for European Political Parties and European Political Foundations in accordance with Regulation (EU, Euratom) No. 1141/2014;

“local election” means an election under Part 4 of the Act of 2001;

F2[“Limerick mayoral election” means an election, including a mayoral by-election, held in accordance with Part 1 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024;]

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

“F2[plebiscite” means a plebiscite held under Part 6 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024;]

“political party” means a political party registered in the Register of Political Parties in accordance with Chapter 6 of Part 2;

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

“presidential elector” has the same meaning as it has in section 7 of the Act of 1992;

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

“Regulation (EU, Euratom) No. 1141/2014” means Regulation (EU, Euratom) No. 1141/2014 of the European Parliament and of the Council of 22 October 2014¹ on the statute and funding of European political parties and European political foundations, as amended by—

• (a) Regulation (EU, Euratom) 2018/673 of the European Parliament and of the Council of 3 May 2018² amending Regulation (EU, Euratom) No. 1141/2014 on the statute and funding of European political parties and European political foundations, and

• (b) Regulation (EU, Euratom) 2019/493 of the European Parliament and of the Council of 25 March 2019³ amending Regulation (EU, Euratom) No. 1141/2014 as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament;

“Seanad bye-election” means an election of a member of Seanad Éireann to fill a vacancy occasioned by the death, resignation or disqualification of an elected member of Seanad Éireann;

“Seanad election” means an election of a member or members to serve in Seanad Éireann and includes a Seanad bye-election.

3. Power to prescribe

3. The Commission may, by order, prescribe such period as it considers appropriate to be an election campaign period in relation to any election or referendum and different periods may be prescribed in relation to different elections or different referendums.

4. Repeals

4. (1) The following provisions of the Act of 1992 are repealed:

• (a) section 13A;

• (b) section 13C;

• (c) section 14A;

• (d) section 15;

• (e) section 15A;

• (f) section 15B;

• (g) section 16;

• (h) section 25;

• (i) section 25A;

• (j) section 25B;

• (k) section 25C;

• (l) section 85.

• (2) Section 19 of the Act of 2006 is repealed.

• (3) Sections 5 to 15 of the Electoral Act 1997 are repealed.

• (4) The Referendum Act 1998 is repealed.

5. Expenses

5. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

PART 2 Electoral Commission

Chapter 1 Definitions

6. Definitions (Part 2)

6. In this Part—

“accounting unit”, in relation to a political party, means a branch, including the headquarters of a political party if it is a separate accounting unit or other subsidiary organisation of the party, which in any particular year, receives a donation the value of which exceeds €100;

“Act of 1991” means the Local Government Act 1991;

“approved body” means a body declared by the Commission to be an approved body under section 33 ;

“ballot paper” has the meaning assigned to it by section 88 of the Act of 1992;

“committee” means a committee established under section 15;

“constituency” means, as the context may require, a Dáil constituency or a European Parliament constituency;

“electoral register” —

• (a) means the register of presidential electors, the register of Dáil electors, the register of European electors, the register of local government electors or all such registers as the context may require, and

• (b) where the context so requires, includes the postal voters list and the special voters list;

“establishment day” means the day appointed under section 7;

“European elector” has the meaning assigned to it by section 2 of the Act of 1992;

“excluded day” means a day which is a Sunday, Good Friday or a day which is a public holiday within the meaning of the Organisation of Working Time Act 1997, or a day which by virtue of a statute or proclamation is a public holiday;

“Joint Oireachtas Committee” means the Joint Oireachtas Committee on Housing, Local Government and Heritage;

“local authority” means a local authority within the meaning of section 2 of the Act of 2001;

“local electoral area” means an area referred to in section 23 of the Act of 2001 by reference to which a local election is held;

“local government elector” has the meaning assigned to it by section 2 of the Act of 1992;

“local returning officer” has the meaning assigned to it by section 15 of the Act of 1994;

“postal voters list” has the meaning assigned to it by section 2 of the Act of 1992;

“presiding officer” means a person appointed as a presiding officer under section 95 of the Act of 1992;

“recognised accountancy body” means a body granted recognition or deemed to have been granted recognition under section 930 of the Act of 2014;

“referendum returning officer” has the same meaning as it has in section 14 of the Act of 1994;

“Register of Political Parties” shall be construed in accordance with section 41;

“responsible person” means, in relation to an accounting unit, the treasurer or any other person responsible for dealing with donations to the unit, or, in relation to a third party, the person or persons responsible for the organisation, management or financial affairs of the third party;

“returning officer” has the meaning assigned to it by Part V of the Act of 1992;

“Service” means the Public Appointments Service;

“special voters list” has the meaning assigned to it by section 2 of the Act of 1992;

“treaties governing the European Union” has the same meaning as in the European Communities Acts 1972 to 2012;

“third party” has the meaning assigned to it by section 22(2)(aa) of the Electoral Act 1997.

Chapter 2 Establishment of Commission

7. Establishment day

7. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

8. Establishment of Commission

8. (1) There shall stand established, on the establishment day, a body to be known, in the Irish language, as An Coimisiún Toghcháin to perform the functions conferred on it by this Act.

• (2) The Commission shall be a body corporate with perpetual succession and an official seal and shall have the power:

• (a) to sue and be sued in its corporate name;

• (b) with the consent of the Minister for Public Expenditure and Reform, to acquire, hold and dispose of property, other than land or an interest in land.

• (3) The official seal of the Commission shall be authenticated by the signature of—

• (a) a member of the Commission, and

• (b) the chief executive or other member of the staff of the Commission authorised by the Commission to act in that behalf.

• (4) Judicial notice shall be taken of the seal of the Commission and every document purporting to be—

• (a) an instrument made by the Commission, and

• (b) sealed with the seal of the Commission authenticated in accordance with subsection (3),

shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown.

• (5) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal, may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission to act in that behalf.

Chapter 3 Governance arrangements for Commission

9. Membership of Commission

9. (1) Subject to this section and section 11 , the Commission shall comprise not more than 9 and not less than 7 members:

• (a) a chairperson (in this Act referred to as the “Chairperson”);

• (b) 2 ex officio members;

• (c) not less than 4 and not more than 6 ordinary members.

• (2) Subject to this section—

• (a) the appointment of a person to be an ordinary member of the Commission shall, upon the nomination of the Government, be made by the President, and

• (b) the appointment of a person to be the Chairperson of the Commission shall, upon the nomination of the Chief Justice, be made by the President.

• (3) The Chairperson shall be—

• (a) a former judge of the Supreme Court, a former judge of the Court of Appeal or a former judge of the High Court,

• (b) a judge of the Supreme Court,

• (c) following consultation by the Chief Justice with the President of the Court of Appeal, a judge of the Court of Appeal, or

• (d) following consultation by the Chief Justice with the President of the High Court, a judge of the High Court.

• (4) Each of the following shall, ex officio, be a member of the Commission:

• (a) the Ombudsman, or where that office is vacant, the Director of the Office of the Ombudsman;

• (b) the Clerk of Dáil Éireann or, where that office is vacant, the Clerk Assistant of Dáil Éireann.

• (5) The Chief Justice shall, before the establishment day, following a request from the Minister, nominate a person to be designated by the President as the first chairperson of the Commission.

• (6) If, immediately before the establishment day, a person stands designated under subsection (5), the person shall, on that day, stand appointed as the first chairperson of the Commission.

• (7) The President shall, before the establishment day, designate persons to be appointed as the first ordinary members of the Commission.

• (8) If, immediately before the establishment day, a person stands designated under subsection (7), the person shall, on that day, stand appointed by the President as an ordinary member of the Commission.

• (9) Subject to section 11(5), a person shall not be appointed as an ordinary member of the Commission unless a resolution has been passed by each House of the Oireachtas recommending his or her appointment.

• (10) Subject to section 11(5), the President shall appoint the ordinary members of the Commission from among such persons as are recommended by the Service and nominated by the Government in accordance with section 10 for appointment as such ordinary members.

10. Recommendations for appointment of ordinary members of Commission

10. (1) This section shall apply in relation to the filling of a vacancy that arises in the ordinary membership of the Commission.

• (2) The Minister shall invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Government persons who are suitable for appointment as ordinary members of the Commission.

• (3) The Minister shall agree with the Service the requirements relating to knowledge, ability and suitability for appointment as an ordinary member of the Commission for the purposes of a selection competition under this section.

• (4) Where making recommendations of persons who are suitable for appointment as ordinary members of the Commission under this section, the Service shall have regard to the desirability of the members of the Commission possessing knowledge of, and experience in, matters connected with the following:

• (a) electoral matters, including any experience or expertise gained as a former member of the Houses of the Oireachtas or a local authority;

• (b) the administration of the Irish electoral system;

• (c) the administration of electoral systems outside the State;

• (d) public administration and governance, at a senior level;

• (e) expertise in financial matters (including by virtue of membership of a recognised accountancy body);

• (f) expertise in information and communications technologies and the application of such technologies in the context of elections and referendums;

• (g) advertising and publicity, in particular in relation to the digital aspects of a political campaign.

• (5) Where recommending to the Government persons for appointment as ordinary members of the Commission, the Service shall, in so far as practicable, endeavour to ensure that among the ordinary members of the Commission there is an equitable balance between men and women.

• (6) The Service shall provide the Minister with particulars of experience, training and expertise of each person whom it recommends under this section.

• (7) In exceptional circumstances, where the Government, for substantial and stated reasons, is unable to accept the recommendation by the Service of a particular person for appointment as an ordinary member, it shall inform the Service of that fact and the reasons for it and shall request the Service to recommend another person for appointment as an ordinary member.

• (8)
• (a) Where the number of ordinary members of the Commission is less than 6 and the Commission considers it necessary for the effective performance of its functions, it may, with the consent of the Minister for Public Expenditure and Reform and subject to section 9(1), request the Minister to invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Government persons who are suitable for appointment as additional ordinary members of the Commission.

• (b) Subsections (3) to (6) shall apply in relation to the appointment of additional members under paragraph (a).

11. Terms and conditions of appointment of members of Commission

11. (1) Subject to subsection (2), an ordinary member of the Commission shall hold office, unless the member sooner dies, resigns, becomes disqualified or is removed from office, for such period, not exceeding 4 years from the date of his or her appointment, as the President, on the advice of the Government, shall determine.

• (2) Such 2 of the ordinary members of the Commission that is first constituted under this Act as are determined by the President, on advice of the Government, shall hold office for a period of 3 years from the date of their respective appointments or reappointments, as the case may be, as such ordinary members.

• (3) A member of the Commission shall hold office on such terms and conditions as may be determined by the Government at the time of appointment or reappointment of the member.

• (4) Subject to subsection (6), an ordinary member of the Commission whose term of office expires by the efflux of time shall be eligible for reappointment by the Government as an ordinary member of the Commission.

• (5) Where it is proposed to reappoint a person as an ordinary member of the Commission, it shall not be necessary for the person—

• (a) to participate in a selection competition undertaken by the Service under section 10 or to be recommended for reappointment by the Service, or

• (b) to be recommended for reappointment following the passing of a resolution of each House of the Oireachtas under section 9.

• (6) A person who is reappointed as an ordinary member of the Commission in accordance with subsection (4) shall not hold office for periods the aggregate of which exceeds 2 terms.

• (7) An ordinary member of the Commission may resign from office by notice in writing addressed to the President and the resignation takes effect on the date the President receives the notice.

• (8) Subject to section 14(5), the Commission may act notwithstanding any vacancy among its membership.

• (9) No person shall, without the consent of the Commission, disclose to any person any information obtained while serving as a member of the Commission or providing services to the Commission.

12. Ineligibility and disqualification of ordinary members of Commission

12. (1) A person shall not be eligible to be recommended for appointment to, or appointed as a member of, the Commission or a committee if he or she:

• (a) is a member of either House of the Oireachtas;

• (b) is entitled under the rules of procedure of the European Parliament to sit in that Parliament;

• (c) is a member of a local authority;

• (d) does not possess a tax clearance certificate issued to him or her under section 1095 of the Taxes Consolidation Act 1997.

• (2) A person shall be disqualified from holding and shall cease to hold office as an ordinary member of the Commission or a committee if he or she:

• (a) is convicted on indictment of an offence;

• (b) is convicted of an offence involving fraud or dishonesty;

• (c) has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act;

• (d) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, whether by virtue of that Chapter or any other provision of that Act.

• (3) Where a member of the Commission or a committee is—

• (a) nominated as a member of Seanad Éireann,

• (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

• (c) regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to be a member of the European Parliament, or

• (d) elected or co-opted as a member of a local authority,

he or she shall thereupon cease to be a member of the Commission or committee, as the case may be.

13. Removal of ordinary member of Commission

13. (1) An ordinary member of the Commission shall cease to be a member of the Commission where—

• (a) one or more of the grounds specified in subsection (2) apply, and

• (b) a resolution has been passed by each House of the Oireachtas recommending his or her removal.

• (2) The grounds referred to in subsection (1) are that:

• (a) the ordinary member has, without reasonable excuse, failed to discharge the functions of the office;

• (b) the ordinary member has become incapable, through ill-health, of performing his or her functions;

• (c) the ordinary member has committed stated misbehaviour;

• (d) the removal of the ordinary member is necessary for the effective and efficient performance by the Commission of its functions.

14. Meetings and procedure

14. (1) The Commission shall hold such and so many meetings as may be necessary for the due performance of its functions but in each year it shall hold not less than one meeting in each period of 3 months.

• (2) The Commission may publish, on its website, all or any of the following:

• (a) agendas for its meetings and those of a committee;

• (b) the papers relating to those meetings;

• (c) reports of those meetings.

• (3) At a meeting of the Commission—

• (a) if the Chairperson is present, he or she shall be the chairperson of the meeting,

• (b) if the Chairperson is not present or if the office of Chairperson is vacant, the deputy Chairperson shall, if he or she is present, act as the chairperson of the meeting, or

• (c) if and so long as the Chairperson and deputy Chairperson are not present, the members of the Commission who are present shall choose one of their number to act as the chairperson of the meeting.

• (4) At a meeting of the Commission, a question on which a vote is required shall be determined by a majority of the votes of the members of the Commission present and voting on the question and, in the case of an equal division of the votes, the chairperson of the meeting shall have a second or casting vote.

• (5) The quorum for a meeting of the Commission shall be 4 or such other number, not being less than 4, as the Commission may determine.

• (6) Subject to this Act, the Commission shall regulate its own procedures.

15. Power to establish Committees

15. (1) The Commission may establish committees to—

• (a) advise and assist the Commission in the performance of its functions, and

• (b) perform such functions of the Commission as may be delegated to them.

• (2) In appointing members of a committee, the Commission will have regard to the range of qualifications and experience necessary for the proper and effective performance of the functions of the committee.

• (3) A committee—

• (a) shall consist of such number of members as the Commission may determine, and

• (b) may include persons who are not members of the Commission or its staff.

• (4) The Commission may:

• (a) appoint a person to be the chairperson of a committee;

• (b) at any time remove a member from a committee for stated reasons;

• (c) at any time dissolve a committee.

• (5) The Minister may, with the consent of the Minister for Public Expenditure and Reform, determine the remuneration and expenses, if any, payable to a member of a committee under this section.

• (6) The remuneration and allowances for expenses, if any, determined in accordance with subsection (5) are payable by the Commission out of funds at its disposal to a member of a committee.

16. Power to appoint consultants and enter into contracts

16. (1) The Commission may, as it considers necessary to assist it in the performance of its functions:

• (a) enter into contracts with persons;

• (b) appoint consultants or advisers.

• (2) There may be paid by the Commission, out of the funds at its disposal, to persons, consultants or advisers referred to in subsection (1), such fees (if any) or allowances for expenses (if any) incurred by them as the Commission may determine.

• (3) The appointment of a person as a consultant or adviser under this section shall be for such period and on such terms and conditions as the Commission considers appropriate.

17. Staffing

17. (1) The Commission may appoint such and so many persons to be members of staff of the Commission as it may determine.

• (2) The terms and conditions of service of a member of staff of the Commission, and the grade at which he or she serves, shall be such as may be determined by the Commission, with the consent of the Minister for Public Expenditure and Reform.

• (3) Members of staff of the Commission are civil servants within the meaning of the Civil Service Regulation Act 1956.

• (4) The Commission shall be the appropriate authority (within the meaning of the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 to 2005) in relation to members of its staff.

18. Accounts of Commission

18. (1) The Commission shall keep in such form as may be approved by the Minister for Public Expenditure and Reform all proper and usual accounts of all monies received or expended by it and, in particular, shall keep in such form as aforesaid all such special accounts as the Minister for Public Expenditure and Reform may, from time to time direct.

• (2) Accounts kept in accordance with this section shall be submitted, not later than the 1st day of April in the year immediately following the financial year to which they relate, or on such earlier date as the Minister for Public Expenditure and Reform may direct, to the Comptroller and Auditor General for audit and, immediately after the audit, the Chief Executive of the Commission shall cause a copy of the Comptroller and Auditor General’s report on the accounts to be laid before each House of the Oireachtas.

19. Chairperson of Commission

19. (1) The chairperson shall be appointed in accordance with section 9 and shall hold office for a period of 7 years from the date of his or her appointment.

• (2) A person may not be reappointed as chairperson for a second term.

• (3) The chairperson may resign from office by notice in writing to the President, the chief executive of the Commission and the Minister, and the resignation shall take effect on the date the President receives the notice.

• (4) In the event of the death, resignation or expiry of the term of the chairperson, the Chief Justice shall nominate a new chairperson.

• (5) Where a person who holds judicial office in the Superior Courts is appointed to be the chairperson, the following provisions shall have effect:

• (a) where such person, on being appointed, is a judge of the Supreme Court, other than the Chief Justice or a judge who is ex officio an additional judge of that Court, then for so long as such person continues to hold that judicial office, the number of ordinary judges of the Supreme Court otherwise provided for under any enactment for the time being in force may be exceeded by one, provided that, in the case of a former Chief Justice to whom section 4(2) of the Courts (No. 2) Act 1997 relates, for so long as such person continues to hold the judicial office held on being so appointed, such person shall not be taken into account for the purposes of subsection (1) of section 6 of that Act and any vacancy consequent on the application of that subsection to such person may be filled but without prejudice to the application of that subsection to that person upon his or her ceasing to be so appointed but remaining a former Chief Justice to whom the said section 4(2) relates;

• (b) where such person, on being appointed, is the President of the Court of Appeal or another judge of the Court of Appeal, other than a judge who is ex officio an additional judge of that Court, then for so long as such person continues to hold the judicial office held by such person on so being appointed, the number of ordinary judges of the Court of Appeal otherwise provided for under any enactment for the time being in force may be exceeded by one, provided that, in the case of a former President of the Court of Appeal to whom section 4(2) of the Courts (No. 2) Act 1997 relates, for so long as such person continues to hold the judicial office held on being so appointed, such person shall not be taken into account for the purposes of subsection (1A) of section 6 of that Act and any vacancy consequent on the application of that subsection to such person may be filled but without prejudice to the application of that subsection to that person upon his or her ceasing to be so appointed but remaining a former President of the Court of Appeal to whom the said section 4(2) relates;

• (c) where such person, on being appointed, is the President of the High Court or another judge of the High Court, other than a judge who is ex officio an additional judge of that Court, then for so long as such person continues to hold the judicial office held by such person on so being appointed the number of ordinary judges of the High Court otherwise provided for under any enactment for the time being in force may be exceeded by one, provided that, in the case of a former President of the High Court to whom section 4(2) of the Courts (No. 2) Act 1997 relates, for so long as such person continues to hold the judicial office held on being so appointed, such person shall not be taken into account for the purposes of subsection (2) of section 6 of that Act and any vacancy consequent on the application of that subsection to such person may be filled but without prejudice to the application of that subsection to that person upon his or her ceasing to be so appointed but remaining a former President of the High Court to whom the said section 4(2) relates.

20. Deputy chairperson of Commission

20. (1) The members of the Commission may, by a simple majority, nominate one or more than one member of the Commission (in this Act referred to as a “deputy chairperson”) to deputise for the chairperson under subsection (2).

• (2) The deputy chairperson shall deputise for the chairperson:

• (a) where the chairperson so requests;

• (b) in the event that the chairperson is unable to perform his or her functions;

• (c) if the office of the chairperson is vacant.

• (3) The deputy chairperson may, in addition to his or her remuneration as a member, be paid such additional remuneration (if any) as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

21. Appointment and reappointment of chief executive of Commission

21. (1) There shall be a chief executive of the Commission (in this Act referred to as the “chief executive”) who shall be appointed by the Government.

• (2) The Government may, before the establishment day, designate a person to be appointed as the first chief executive of the Commission.

• (3) If, immediately before the establishment day, a person stands designated under subsection (2), the person shall, on that day, stand appointed as the first chief executive of the Commission.

• (4) The chief executive shall hold office for a term of not more than 5 years.

• (5) The Government may reappoint a person whose term of office as chief executive expires by the passage of time.

• (6) A person who is reappointed to be the chief executive under subsection (5) shall not hold office for periods the aggregate of which, including the period for which he or she was first appointed as chief executive, exceeds 10 years.

• (7) Where a vacancy arises, or is anticipated will arise, for the position of chief executive the Minister shall invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Minister a person who is suitable for appointment as chief executive.

• (8) The Minister shall agree with the Service the requirements relating to knowledge, ability and suitability for appointment as the chief executive for the purposes of a selection competition under this section.

• (9) A vacancy for the position of chief executive shall be advertised publicly and shall include details of the agreed selection criteria for the filling of the vacancy and the process to be implemented in respect of filling that vacancy.

• (10) The Service may adopt such procedures as it thinks fit to carry out its functions under this section.

• (11) A person shall not be recommended to the Minister under subsection (7) unless the person is, in the opinion of the Service, suitably qualified for such appointment by reason of his or her possessing such relevant experience, qualifications, specialist knowledge or other criteria as the Minister, following consultation with the Commission, and having regard, in particular, to the functions conferred on the Commission by this Act, may specify.

• (12) The Service shall provide the Minister with particulars of experience and qualifications of the person whom it recommends under this section.

• (13) In exceptional circumstances, where the Government, for substantial and stated reasons, is unable to accept the recommendation by the Service of a particular person, it shall inform the Service of that fact and the reasons for it and shall request the Service to make another recommendation in respect of the vacancy and the Service shall, as soon as is practicable, comply with that request.

• (14) If the Service is unable to select any suitable candidate pursuant to a particular request—

• (a) the Minister shall recommend for appointment the person who was the candidate selected by the Service pursuant to a previous request (if any) in relation to that appointment, or

• (b) the Minister shall make a further such request to the Service and the Government shall appoint as chief executive the candidate selected by the Service pursuant to that request or pursuant to another such request made in relation to that appointment.

• (15) The chief executive shall—

• (a) hold office subject to such terms and conditions (including terms and conditions relating to remuneration) as may be determined by the Commission, with the consent of the Minister and the Minister for Public Expenditure and Reform, and

• (b) be paid out of funds at the disposal of the Commission.

• (16) The chief executive shall not be a member of the Commission, or a committee, but he or she may, in accordance with procedures established by the Commission or such a committee, as the case may be, attend meetings of the Commission or committee and shall be entitled to speak at and give advice at such meetings.

• (17) The chief executive shall not hold any other office or occupy any position in respect of which remuneration is payable, or carry on any business, trade or profession, without the consent of the Commission.

• (18) The chief executive may, with the consent of the Commission, authorise one or more members of staff of the Commission to perform a specified function of the chief executive and such member or members so authorised may perform the function accordingly.

• (19) If the chief executive—

• (a) dies, resigns or is removed from office, or

• (b) is for any reason temporarily unable to continue to perform his or her functions,

the Commission may nominate such member or members of the staff of the Commission as it considers appropriate to perform the functions of the chief executive until—

• (i) in the circumstances mentioned in paragraph (a), a new chief executive is appointed in accordance with this section, or

• (ii) in the circumstances mentioned in paragraph (b), the chief executive is able to resume the performance of his or her functions.

• (20) The chief executive may resign his or her office by letter sent by registered post to the Minister and copied to the Chairperson of the Commission and the resignation shall take effect on the date on which the letter is received by the Minister.

22. Role of chief executive

22. (1) The chief executive shall—

• (a) implement the policies and decisions of the Commission,

• (b) manage and control generally the staff, administration and business of the Commission,

• (c) perform such other functions (if any) as may be required by the Commission or as may be authorised under this Act,

• (d) subject to section 41(3), be accountable to the Commission for the efficient and effective management of the Commission and for the due performance of his or her functions, and

• (e) provide the Commission with such information (including information with respect to the performance of those functions in so far as they relate to the financial affairs of the Commission) as the Commission may require.

• (2) The chief executive may make proposals to the Commission on any matter relating to its functions.

23. Removal of chief executive

23. (1) The members of the Commission may, by a simple majority, remove the chief executive from office if they are satisfied that one or more of the grounds specified in subsection (2) apply to the chief executive.

• (2) The grounds referred to in subsection (1) are that—

• (a) the chief executive has become incapable, through ill-health, of performing his or her functions,

• (b) the chief executive has committed stated misbehaviour, or

• (c) the removal of the chief executive is necessary for the effective and efficient performance by the Commission of its functions.

• (3) Where the members propose to remove the chief executive from office under subsection (1), they shall notify the chief executive in writing of the proposal.

• (4) A notification under subsection (3) shall include a statement—

• (a) of the reasons for the proposed removal,

• (b) that the chief executive may, within 30 working days of the sending of the notification or such longer period as the members may, having regard to the requirements of natural justice specify, make representations to the members in such form and manner as may be specified by the members as to why the chief executive should not be removed from office, and

• (c) that, where no representations are received within the period referred to in paragraph (b), the members shall, without further notice to the chief executive, proceed with the removal of the chief executive from office in accordance with this section.

• (5) In considering whether to remove the chief executive from office under subsection (1), the members shall take into account—

• (a) any representations made pursuant to subsection (4)(b), and

• (b) any other matter that the members consider relevant for the purposes of their decision.

• (6) Where, having taken into account the matters referred to in subsection (5), the members decide to remove the chief executive from office, they shall notify, in writing, the chief executive, the Joint Oireachtas Committee and the Minister of their decision and the reasons for their decision.

24. Accountability of chief executive to Public Accounts Committee

24. The chief executive shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee in relation to—

• (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Commission is required by this Act to prepare,

• (b) the economy and efficiency of the Commission in the use of its resources,

• (c) the systems, procedures and practices employed by the Commission for the purpose of evaluating the effectiveness of its operations, and

• (d) any matter affecting the Commission referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (insofar as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

25. Accountability of chief executive to Oireachtas

25. (1) Subject to subsection (2), the chief executive shall, at the request in writing of an Oireachtas Committee, attend before it to give account for the general administration of the Commission.

• (2) The chief executive shall not be required to give account before an Oireachtas Committee for any matter which is or has been or may be at a future date, the subject of proceedings before a court or tribunal in the State.

• (3) Where the chief executive is of the opinion that a matter in respect of which he or she is requested to give an account before an Oireachtas Committee is a matter to which subsection (2) applies, he or she shall inform the Committee of the opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at the time when the chief executive is before it, the information shall be so conveyed in writing.

• (4) Where the chief executive has informed an Oireachtas Committee of his or her opinion in accordance with subsection (3) and the Committee does not withdraw the request referred to in subsection (1) in so far as it relates to the subject matter of that opinion—

• (a) the chief executive may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (2) applies, or

• (b) the chairperson of the Oireachtas Committee may, on behalf of the Committee, make such an application,

and the High Court shall determine the matter.

• (5) Pending the determination of an application under subsection (4), the chief executive shall not attend before the Oireachtas Committee to give account for the matter that is the subject of the application.

• (6) If the High Court determines that the matter concerned is one to which subsection (2) applies, the Oireachtas Committee shall withdraw the request referred to in subsection (1) but if the High Court determines that subsection (2) does not apply, the chief executive shall attend before the Oireachtas Committee to give account for the matter.

• (7) In this section, “Oireachtas Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Public Accounts Committee referred to in section 24 or a Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee.

26. Accountability of chief executive for accounts of Commission

26. The chief executive is the accounting officer in relation to the appropriation accounts of the Commission for the purposes of the Comptroller and Auditor General Acts 1866 to 1998.

27. Annual report of Commission

27. (1) As soon as may be after the end of each financial year, but not later than 6 months thereafter, the Commission shall cause a report on the performance of its functions during that year to be laid before each House of the Oireachtas.

• (2) A report under subsection (1) shall include information on the performance of the functions of the Commission during the period to which the report relates, including an account of—

• (a) research works completed by the Commission,

• (b) any reports prepared under sections 66, 68 and 69, and

• (c) progress regarding implementation of the strategy statement published under section 28.

• (3) The Commission shall ensure that, as soon as practicable after copies of an annual report are laid before each House of the Oireachtas in accordance with subsection (1), the annual report is published in such manner as the Commission considers appropriate.

28. Strategy statement

28. (1) Subject to subsection (2), the Commission shall, every 3 years, prepare and submit to the Joint Oireachtas Committee a strategy statement in respect of the following 3 years.

• (2) The first strategy statement shall be prepared by the Commission as soon as practicable after the establishment day and shall relate to the period from its submission to the Joint Oireachtas Committee until the day immediately before the third anniversary of the establishment day.

• (3) A second or subsequent strategy statement shall be submitted to the Joint Oireachtas Committee within the period of 6 months before the expiry of the period to which the previous strategy statement relates and the second or subsequent strategy statement shall relate to the period of 3 years from the expiry of the period to which the previous strategy statement relates.

• (4) The Commission shall, in a strategy statement prepared under this section, specify—

• (a) the key aims, objectives, outputs and strategies of the Commission, and

• (b) having regard to the matters specified in paragraph (a), the key priorities of the chief executive.

• (5) The Commission may—

• (a) publish in such manner as the Commission considers appropriate a draft of the strategy statement and, where it publishes the draft, it shall allow persons 30 days from the date of that publication within which to make representations in writing to the Commission with regard to the draft strategy statement, and

• (b) where appropriate, having considered any representations made under paragraph (a), make such modifications as may be necessary to take account of such representations.

• (6) The Commission shall, as soon as may be after the preparation of a strategy statement under this section, cause a copy of it to be laid before each House of the Oireachtas.

• (7) The Commission shall ensure that, as soon as practicable after copies of a strategy statement are laid before each House of the Oireachtas in accordance with subsection (6), the strategy statement is published (in both the Irish and English languages) in such manner as the Commission considers appropriate.

29. Assistance of State bodies to Commission

29. The Central Statistics Office and Ordnance Survey Ireland shall, on a request in that behalf by the Commission, provide free of charge to the Commission such assistance as the Commission may reasonably require for the purpose of the performance of its functions.

Chapter 4 Functions of Commission

30. Functions of Commission

30. (1) The Commission shall have the following functions:

• (a) to explain to the public, in accordance with Chapter 5, the subject matter of referendums;

• (b) to review, in accordance with Chapter 7, the constituencies for the election of members to the Dáil and the election of members to the European Parliament and to report to the Joint Oireachtas Committee in relation thereto;

• (c) to review local electoral area boundaries and report to the Minister in relation to those boundaries, in accordance with Chapter 8;

• (d) to conduct research on electoral policy and procedure and make such recommendations to the Minister as it considers appropriate, in accordance with Chapter 9;

• (e) to provide, to the public, information on electoral processes (including referendums) and to encourage participation, by the public, in the electoral and democratic processes of the State, in accordance with section 67 ;

• (f) to prepare and maintain, in accordance with Chapter 6, the Register of Political Parties;

• (g) to oversee the electoral register in accordance with Chapter 10;

• (h) to regulate online political advertising in accordance with Part 4;

• (i) to protect the integrity of elections and referendums against the dissemination or publication of online disinformation, online misinformation and manipulative or inauthentic behaviour online in accordance with Part 5.

• (2) The Commission shall have all such powers as are necessary or expedient for, or incidental to, the performance of its functions.

• (3) The Commission shall, subject to this Act, be independent in the performance of its functions.

Chapter 5 Referendum functions

31. Referendum functions of Commission

31. (1) The Commission shall have, in addition to any functions conferred on it by any other provision of this Act, the following principal functions in relation to a referendum:

• (a) to prepare a statement or statements containing a general explanation of the subject matter of the proposal for the referendum concerned and of the text thereof in the relevant Bill and any other information relating to those matters that the Commission considers appropriate;

• (b) to publish (in both the Irish and English languages) and distribute such statements in relation to the referendum concerned in such manner and by such means including the use of television, radio and other electronic media as the Commission considers most likely to bring them to the attention of the electorate and to ensure as far as practicable that the means employed enable those with a sight or hearing disability to read or hear the statements concerned;

• (c) to promote public awareness of the referendum and encourage the public to vote at the referendum, in accordance with section 67.

• (2) Without prejudice to the generality of section 30(2), the Commission shall have the following powers in relation to a referendum:

• (a) to prepare, publish and distribute brochures, leaflets, pamphlets and posters; and

• (b) to distribute the statements aforesaid to each presidential elector or each household.

• (3) The Commission or a member of the Commission shall not advocate or promote a particular result at a referendum.

32. Advertisements etc. by Commission

32. (1) F3[Section 46M(2)(a)] of the Broadcasting Act 2009 shall not apply to advertisements broadcast at the request of the Commission in relation to a matter referred to in section 31 concerning a referendum.

• (2) The Minister for the Environment, Climate and Communications, if so requested by the Commission following consultation by the Commission with Radio Teilifís Éireann (in this section referred to as “RTE”) and Teilifís na Gaeilge (in this section referred to as “TG4”) and consideration of any proposals of RTE and TG4 for broadcasts in connection with the referendum that RTE and TG4 communicate to the Commission, shall direct RTE and TG4, in writing, to allocate broadcasting time to facilitate the Commission in performing its functions, and RTE and TG4 shall comply with a direction under this subsection.

• (3) The Minister for the Environment, Climate and Communications, if so requested by the Commission following consultation by the Commission with the Broadcasting Authority of Ireland (in this section referred to as “BAI”) and consideration of any proposals of BAI for broadcasts, including sound broadcasting services and television programme services, in connection with the referendum that it communicates to the Commission, shall direct BAI, in writing, to arrange for the provision for and on behalf of the Commission of services (with or without charge), including the allocation of broadcasting time, to facilitate the Commission in performing its functions, and BAI shall comply with a direction under this subsection.

• (4) In this section, “broadcasts”, “sound broadcasting service” and “television programme services” have the same meanings as they have, respectively, in section 2 of the Broadcasting Act 2009.

33. Declaration that body is an approved body for purposes of a referendum

33. (1) A body may apply to the Commission, in accordance with this section, for a declaration to be an approved body for the purposes of a referendum.

• (2) An application under subsection (1) shall be in writing in a form specified by the Commission or in a form to the like effect and shall be made within such time as the Commission may specify and shall include the address, in the State, of the body concerned.

• (3) Where a body makes an application under this section, it shall nominate a person to be its nominated person for the purposes of this Part (in this Part referred to as “the nominated person”) and the name and address of the person so nominated shall be included in the application.

• (4) The Commission may refuse to make a declaration under subsection (1) where—

• (a) in the opinion of the Commission, the body concerned does not have a bona fide interest in the proposal the subject of the referendum concerned,

• (b) the body concerned fails or refuses to comply with this section or section 35, or

• (c) the name of the body concerned is identical to the name of any party registered in the Register of Political Parties, or in the opinion of the Commission so closely resembles such name as to be calculated to mislead, confuse or deceive.

• (5) Upon the determination of an application under this section, the Commission shall, as soon as may be—

• (a) by notice in writing inform the body concerned of the determination and, if it is a refusal to make a declaration under this section, the notice shall include a statement of the reasons for the refusal, and

• (b) publish a notice in Iris Oifigiúil of the result of the determination.

• (6) A person who knowingly furnishes false information in relation to an application under this section shall be guilty of an offence.

• (7) A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on summary conviction to a class E fine or imprisonment for a term not exceeding 3 months or both.

• (8) Where the Commission is satisfied that false information has been furnished to it under this section, the Commission shall revoke any declaration made by it in relation to the application concerned and shall, as soon as may be, notify the body concerned of the revocation and of the reasons therefor.

• (9)
• (a) Subject to paragraph (b), in this section and in sections 34, 35 and 36, “body” means a body corporate or unincorporated body which, or a branch of which, is established in the State, governed by a constitution, a memorandum of association or other such document or other written rules and having a membership of not less than 300.

• (b) A political party that is for the time being registered in the Register of Political Parties shall be deemed to be a body.

• (10) A reference in any enactment to an approved body within the meaning of the Referendum Act 1998 shall be construed as including a reference to an approved body under this section.

34. Publication of referendum notices by Commission

34. (1) The Commission shall publish (in both the Irish and English languages) a notice (in this section referred to as a “referendum notice”) in 2 or more national newspapers as soon as practicable following the making of an order under section 10 or 12 of the Act of 1994.

• (2) A referendum notice shall—

• (a) indicate that a body may apply to the Commission for a declaration under section 33,

• (b) specify time limits for the receipt of such applications, and

• (c) specify the procedures for making such applications.

35. Obligation to provide information or statutory declaration if required

35. (1) The Commission may request, from a body that applies for a declaration under section 33, all such information or documents in the possession or procurement of the body that the Commission reasonably requires from it for the purposes of the determination of the application under that section.

• (2) Where the Commission makes a request under subsection (1), the nominated person of the body shall furnish to the Commission the information or documents within the time (being not more than 7 days from the day on which the request is made) specified in the request and, if the nominated person does not comply with the request, the application of that body for a declaration under section 33 shall be deemed to be withdrawn.

• (3) The Commission may require that information furnished to the Commission under this section shall be accompanied by a statutory declaration made by the nominated person concerned that, to the best of the person’s knowledge and belief, the information is correct in every material respect and that the person has taken all reasonable steps to ensure the accuracy of the information.

• (4) A person who knowingly furnishes false information pursuant to a request under this section shall be guilty of an offence.

• (5) A person guilty of an offence under subsection (4) shall be liable on summary conviction to a class E fine or imprisonment for a term not exceeding 3 months or both.

• (6) Where the Commission is satisfied that false information has been furnished to it under this section, the Commission shall revoke any declaration made by it in relation to the application concerned and shall, as soon as may be, notify the body concerned of the revocation and of the reasons therefor.

36. Notification to referendum returning officer and local returning officer of details of approved body

36. (1) As soon as practicable after the Commission has made a declaration under section 33 or revoked a declaration under section 33 or 35, as the case may be, in respect of a body, the Commission shall notify the referendum returning officer of the name and address of the body and the name and address of the nominated person of the body.

• (2) The referendum returning officer shall, as soon as practicable after receipt of a notification under subsection (1), notify each local returning officer of the particulars so notified to him or her under subsection (1).

37. Appointment by approved body of agents at a referendum

37. (1) Subject to section 26 of the Act of 1994, as applied by subsection (3), an approved body may appoint a person or persons to act as agent for the body at the referendum in respect of which the body is an approved body, to be present—

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

• (b) at the opening of postal ballot boxes, and

• (c) at the counting of votes,

at the referendum.

• (2) An approved body may appoint one person to be present as the body’s agent in each polling station for the purpose of assisting in the detection of personation, and such appointment shall be in writing.

• (3) Subsections (2), (4) to (9), (11) and (12) of section 26 of the Act of 1994 shall apply to persons appointed to act as agents under this section as they apply to agents appointed under the said section 26 with the modification that references to a member of Dáil Éireann shall include references to an approved body and with any other necessary modifications.

38. Amendment of section 43 of Act of 1994

38. Section 43 of the Act of 1994 is amended by the substitution of the following subsection for subsection (3):

• “(3) A provisional referendum certificate shall not be questioned by reason of non-compliance by An Coimisiún Toghcháin with any provision of Chapter 5 of Part 2 of the Electoral Reform Act 2022 or mistake made by An Coimisiún Toghcháin if it appears to the High Court that An Coimisiún Toghcháin complied with the principles laid down in that Act and that such non-compliance or mistake did not materially affect the result of the referendum.”.

39. Reports and information to Minister and Joint Oireachtas Committee

39. (1) As soon as may be after the completion of the performance of its functions under this Chapter and under section 67 in relation to each referendum, but not later than 6 months thereafter, the Commission shall prepare and submit a report in writing to the Joint Oireachtas Committee in relation to the performance by it of those functions.

• (2) The Commission shall, when submitting the report under subsection (1), furnish a copy of the report to the Minister.

• (3) The Commission shall, whenever so requested by the Joint Oireachtas Committee, furnish to the Committee information in relation to such matters as the Committee may specify in respect of any report referred to in subsection (1).

40. Provisions in relation to offences

40. (1) Where an offence under this Chapter is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been attributable to any wilful neglect on the part of any person, being a director, manager, secretary or any other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

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

Chapter 6 Registration of political parties functions

41. Registrar of political parties

41. (1) There shall be an office, the holder of which shall be known as the Registrar of Political Parties (in this Chapter referred to as the “Registrar”) and the Registrar shall, subject to this Chapter, prepare and maintain a Register of Political Parties.

• (2)
• (a) The person who for the time being holds the office of chief executive of the Commission shall be the Registrar.

• (b) If and so long as the office of the chief executive is vacant or the holder of that office is unable through illness, absence or other cause to fulfil the duties of the office, a member of staff nominated by the Chairperson shall act as Registrar for the purposes of this Chapter and references in this Chapter to the Registrar shall be construed accordingly.

• (3) The Registrar shall be independent in the performance of his or her duties.

42. Register of political parties