Electoral Reform Act 2022

42. (1) The Register of Political Parties in force immediately before the commencement of this section shall be deemed to be the Register of Political Parties prepared and maintained under this Part.

• (2) A reference in any enactment to the register of political parties shall be construed as including a reference to the Register of Political Parties prepared and maintained under this Chapter.

43. Application for registration of political parties

43. (1) A political party that is not, before the establishment day, registered in the Register of Political Parties may apply to the Registrar to be so registered as a party organised in the State, or in a part thereof specified in the application, to contest all or any of the following elections:

• (a) a Dáil election;

• (b) a European election;

• F4[(c) a local election;]

• F5[(d) a Limerick mayoral election.]

• (2) An application for registration under this section shall be in writing in such form as shall be specified by the Registrar and shall contain such particulars as shall be specified in the form.

• (3) Where an application by a political party for registration in the Register of Political Parties under section 25 of the Act of 1992 has not been completed before the establishment day the application shall be completed on or after the establishment day under this section.

44. Registration of political emblems

44. (1) (a) A political party may apply for the registration in the Register of Political Parties of one emblem to be used by candidates of the party on ballot papers.

• (b) An application under this section shall be in writing in such form as shall be specified by the Registrar and in accordance with directions specified on the form.

• (2) The Registrar shall not grant a request for registration in relation to an emblem if the emblem—

• (a) would be likely to be confused by voters with an emblem which is already registered for another party,

• (b) is obscene or offensive,

• (c) is of such a character that its publication would be likely to amount to the commission of an offence, or

• (d) includes a word or expression which, if it were, or were part of, the party’s name, would, by virtue of section 46, prevent the party from being registered in the Register of Political Parties.

45. Qualifying criteria for registration of political parties

45. Subject to section 46, the Registrar shall register a political party which applies for registration provided the application complies with the requirements of this Chapter and that—

• (a) the party is organised in the State or in a part thereof specified in the application as a party organised to contest all or any of the elections referred to in section 43(1),

• (b) (i) (I) the party has not less than 300 recorded members or, in the case of a party applying for registration as a party organised to contest elections in part of the State or local elections only, 100 recorded members, each of whom (in any of the foregoing cases) has reached the age of 18 years, and

• (II) at least 50 per cent of the recorded members are registered in the electoral register,

• (ii) the party has at least one member who, at the time the application for registration is made, is a member of Dáil Éireann or is a representative in the European Parliament (whether by reason of his or her having been elected as such a representative in the State or having been nominated as a replacement candidate under the Act of 1997) and who certifies in writing to the Registrar that he or she is a member of the party, or

• F6[(iii) in the case of a party which applies for registration as a party organised to contest—

• (I) a local election only,

• (II) a Limerick mayoral election only, or

• (III) both a local election and a Limerick mayoral election,

it has at least 3 members who are, at the time the application for registration is made, members of a local authority and each of whom certifies in writing to the Registrar that he or she is a member of the party,]

and

• (c) the organisation and direction of the party are governed by a constitution, a memorandum of association or other such document or other written rules adopted by the party and which provide for—

• (i) an annual or other periodic meeting or conference of the party, and

• (ii) the conduct of the business of the party by an executive committee or similar body elected by the party.

46. Titles of political parties

46. A political party shall not be registered in the Register of Political Parties if its name—

• (a) is identical to the name or an abbreviation or acronym of the name of any party for the time being registered in the Register of Political Parties or, so nearly resembles such name, abbreviation or acronym as to be likely to mislead, confuse or deceive,

• (b) comprises more than 6 words, or

• (c) in the case of a party operating in relation to a particular part of the State, does not include such reference to that part so as to distinguish the party as so operating.

47. Details to be entered in register of political parties

47. The following particulars shall be entered in the Register of Political Parties in respect of a political party registered therein—

• (a) the name of the party, including any abbreviation or acronym of the name,

• (b) the emblem, if an application for its registration under section 44 has been granted,

• (c) the address of the party’s headquarters,

• (d) the name or names of the officer or officers of the party authorised to sign certificates authenticating the candidatures of candidates of the party at elections,

• (e) the type or types of election for which the party is registered as being organised to contest,

• (f) where the party is registered as organised to contest elections in a specified part of the State, a reference to that fact and to the part of the State concerned,

• (g) the name of any political group or European political party in accordance with section 48, and

• (h) the name and address of each accounting unit of the political party and the name and address of the responsible person or persons of the accounting unit.

48. Political groups

48. Where a party which is registered in the Register of Political Parties as a party organised to contest a European election, or which applies for such registration in the Register of Political Parties, informs the Registrar that a member of the party, being a representative in the European Parliament (whether by reason of that member having been elected as such a representative in the State or having been nominated as a replacement candidate under the Second Schedule to the Act of 1997), is a member of—

• (a) a political group formed in accordance with the rules of procedure of the European Parliament, or

• (b) a European political party,

the Registrar shall, if the member certifies in writing to the Registrar that he or she is a member of that party and that political group or European political party, note on the Register of Political Parties, in relation to the party, the name of that political group or European political party.

49. Notification of decision on application for registration

49. The Registrar shall, as soon as practicable after it has considered an application for registration under this Part, notify the applicant concerned of his or her decision and, where the application has been refused, the reasons for it and that the applicant may appeal the decision under section 51, and shall cause notice thereof to be published in Iris Oifigiúil.

50. Amendments to Register of Political Parties

50. (1) If there is any change in the particulars entered in the Register of Political Parties with respect to the name or names of the officer or officers of a political party referred to in section 47(d) or in the address of the party’s headquarters, the party shall, as soon as may be after the change occurs, inform the Registrar of the change and, where appropriate, the Registrar shall amend the particulars entered in the register in relation to the party accordingly.

• (2) A political party registered in the Register of Political Parties may apply in writing to the Registrar in such form as shall be specified by the Registrar to have any of the particulars, (other than those referred to in subsection (1)) including the party emblem entered in the register in relation to the party amended and the Registrar shall consider each such application and may, subject to this Chapter, amend the register accordingly.

• (3) The Registrar shall, as soon as practicable after it has considered an application for amendment of the register under subsection (2), notify the applicant concerned of his or her decision, the reasons for it and that the applicant may appeal the decision under section 51 and shall cause notice of the decision to be published in Iris Oifigiúil.

• (4) The Registrar shall, with respect to each party registered in the register, inquire in writing at least once in each year from a responsible person referred to in section 47(h) whether the party desires to remain registered and, unless the Registrar receives an affirmative reply to such an inquiry within 21 days from the date of the making of such inquiry, subsection (6) shall apply in relation to the party.

• (5) When replying to an inquiry under subsection (4), the responsible person shall provide the Registrar with the name and address of each accounting unit of the party and the name and address of the responsible person or persons of the accounting unit, including any changes that have occurred during the period from when the particulars were last provided to the Registrar and the Registrar shall enter the particulars provided in the register.

• (6) Where a political party registered in the register fails to comply with subsection (1), or information provided by it, in purported compliance with that subsection, is not such as to enable the Registrar to comply with section 47 or otherwise fails to comply with the requirements of this Chapter, the Registrar shall, following such inquiry as it considers appropriate, publish in Iris Oifigiúil notice of its intention to cancel the registration of the party and the Registrar shall notify the party concerned of its intention and that the party may appeal the decision under section 51.

• (7) Any doubt, dispute or question arising in connection with the particulars required to be entered in the register pursuant to section 47 shall be decided by the Commission and deemed to be an appeal under section 51, and the Registrar or the political party concerned may submit the doubt, dispute or question to the Commission in accordance with that section.

51. Appeal against decision of Registrar

51. (1) A decision by the Registrar in relation to—

• (a) an application for registration under section 43 or 44,

• (b) an application under section 50 for amendment of the particulars entered in relation to a party in the Register of Political Parties, or

• (c) the cancellation of the registration of a party under section 50(6),

may be questioned by way of an appeal to the Board under this section and, pending the determination by the Board of such an appeal, the decision of the Registrar shall not have effect.

• (2) Where the Registrar has decided to refuse an application for registration including the registration of an emblem or an application for an amendment of the register and has stated the reasons for so doing in accordance with section 49 or 50(3), such statement shall be regarded as a sufficient statement of the reasons for the decision.

• (3)
• (a) Not later than 12 noon on the twenty-first day after the publication in Iris Oifigiúil of a decision by the Registrar on an application for registration under section 43 or 44, or for the amendment of the particulars in relation to a party entered in the register under section 50(1) or in respect of the cancellation of the registration of a party under section 50(6), an appeal may be made to the Board against the decision—

• (i) in the case of a decision to refuse either an application for registration including the registration of an emblem or an application for an amendment of the register, by the party by which the application was made,

• (ii) in the case of a decision to allow either an application for registration or an application for amendment of the register, by any political party registered in the register at the time of the giving by the Registrar of such notice,

• (iii) in the case of a decision to cancel a registration, by the party whose registration it is proposed to cancel.

• (b) Where no appeal is made under this section within the period specified in paragraph (a), the decision shall at the expiration of the said period become final and the Registrar shall notify the applicant or, as the case may be, the party whose registration he or she has decided to cancel.

• (c) An appeal under this section shall be in writing, shall state the grounds on which the appeal is made, shall be addressed to the Chairperson and shall be delivered or sent by post so as to reach the Chairperson not later than the time specified in paragraph (a), together with the deposit referred to in paragraph (d), and any such appeal which is received by the Chairperson after that time or without that deposit shall not be entertained or considered by the Commission.

• (d) An appeal under this section shall not be considered by the Board unless at the time the appeal is made a deposit of €500 is lodged with the Chairperson by, or on behalf of, the appellant, which sum shall on the determination of the appeal be returned to the person by whom it was made unless the Board considers the appeal to be frivolous or vexatious and directs that the deposit be forfeited.

• (e) A deposit forfeited under this section shall be disposed of by the Chairperson in such manner as may be directed by the Minister for Finance.

• (f) The Chairperson, immediately on receipt of an appeal under this section, shall—

• (i) notify the Registrar of such receipt,

• (ii) furnish the Registrar with a copy of the appeal,

• (iii) publish a notice in Iris Oifigiúil that an appeal has been lodged, and

• (iv) make the documentation in relation to the appeal available for inspection at all convenient times.

• (4)
• (a) The Board, in determining an appeal under this section, shall consider—

• (i) the grounds for the appeal stated pursuant to subsection (3)(c), and

• (ii) such information (if any) as was made available to the Registrar in connection with the application for registration (including registration of a political party emblem), the application for amendment of the register or the proposed cancellation of the registration, as the case may be.

• (b) The Registrar shall give to the Commission such information in relation to every appeal considered pursuant to this section as the Commission may reasonably require of him or her.

• (c) Where information additional to that referred to in paragraph (a)(ii) is furnished to the Commission, the appeal application, if the Commission considers it appropriate and directs accordingly, shall be returned to the Registrar for their consideration and treated, if appropriate, as a new application for registration or an amendment of the register by the Registrar.

• (d) The decision of the Commission shall be final and binding.

• (5) A decision by the Registrar on an application for registration, including the registration of an emblem, or for amendment of the particulars entered in the register in respect of a party or in relation to the cancellation of the registration of a party under section 50 or a decision by the Commission on an appeal under this section shall not have effect in relation to the relevant election where the decision of the Registrar or the Commission is made or the period for making an appeal under subsection (3) against the decision of the Registrar expires—

• (a) in the case of a Dáil election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a Dáil election, after the date of the issue of the writ or writs,

• (b) in the case of a European election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a European election, after the date of the making of the order of the Minister under section 10(1) of the Act of 1997,

• (c) in the case of a local election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a local election, after the date of the making of the order of the Minister under section 26(2) of the F7[Act of 2001, or]

• F8(d) in the case of a Limerick mayoral election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a Limerick mayoral election, after the date of the making of the order of the Minister under paragraph 6 of [Schedule 2](https://www.irishstatutebook.ie/eli/2024/act/7/schedule/2) to the [Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024.]

• (6) The Board shall determine an appeal under this section without an oral hearing unless, having regard to the particular circumstances of the appeal, it considers that it is necessary to conduct an oral hearing in order to properly and fairly determine the appeal.

• (7) An appeal which has been commenced under section 25B of the Act of 1992 and not completed before the establishment day shall be carried on or completed by the Board under this section on or after the establishment day.

• (8) In this section, “Board” means the members of the Commission referred to in section 9(1).

52. Inspection and production of copy of register

52. (1) The Registrar shall maintain the Register of Political Parties and permit any person to inspect the register at such time and under such conditions as he or she may specify.

• (2) Where an order of a court or a request by any person is made for the production by the Registrar of the register or a copy thereof, the production of a copy of the register accompanied by a certificate of the Registrar that such copy is a copy of the register shall, in any civil or criminal proceedings, be prima facie evidence of the fact so certified and it shall not be necessary, unless the court on receipt of the certificate and copy of the register so orders, for the Registrar to attend in person to attest to any matter relating to the register or the certificate.

53. Requirement to comply with request by Registrar for information

53. (1) The Registrar may require any person to give any information in the possession of such person which the Registrar may require for the purpose of his or her duties under this Chapter.

• (2) Without prejudice to subsection (1), the Registrar may require from any political party which applies for registration (including registration of an emblem) in, or for amendment of, the Register of Political Parties all such information as the Registrar reasonably requires for the determination of the application, and the Registrar may refuse the application of any party which fails or refuses to give any information so required of it under this section.

• (3) For the avoidance of doubt and notwithstanding the authority of the Registrar to request information, it shall be the duty of every political party which applies for registration (including the registration of an emblem) in, or for amendment of, the register to provide to the Registrar such information as may be necessary to enable the Registrar to consider the application.

• (4) The Registrar may require that—

• (a) information furnished for the purposes of this Chapter shall be accompanied by a statutory declaration made by the person by whom the information is furnished (or by such other person as the Registrar considers appropriate in the circumstances) 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 in order to be satisfied as to the accuracy of the information,

• (b) any statement in relation to the number of recorded members of a party shall be certified by a public auditor.

• (5) In subsection (4), “public auditor” means a public auditor for the purposes of the Industrial and Provident Societies Acts 1893 to 2021 and the Friendly Societies Acts 1896 to 2021.

54. Registration in relation to particular types of election

54. (1) Where a party is registered in the Register of Political Parties as a party organised to contest a particular type or types of election, the registration shall have effect only in relation to elections of the type or types concerned.

• (2) Where a party is registered in the register as a party organised to contest an election or elections in a specified part of the State, the registration shall have effect only in relation to that part of the State.

55. Provision of copies of register to returning officers

55. Not later than the third day (disregarding any excluded day) after the day of the issuing under section 39 of the Act of 1992 of the writ or writs at a Dáil election, the Registrar shall send to the returning officer or each returning officer, as the case may be, a copy of the Register of Political Parties then in force, including a copy of any emblems of political parties registered in it.

Chapter 7 Dáil and European Parliament constituency review functions

56. Constituency reviews

56. (1) The Commission shall conduct a review of all constituencies:

• (a) following the publication, by the Central Statistics Office, of the preliminary result of a census of population of the State;

• (b) following the receipt, by the Commission, of a written direction from the Minister, which shall be made by the Minister where either a Constituency Commission or the Commission has presented a report under section 58, and where—

• (i) after such presentation, the total number of members of the European Parliament to be elected in the State specified pursuant to the treaties governing the European Union is different from the total number to which the Constituency Commission or the Commission had regard when preparing its report under section 57, and

• (ii) the Constituency Commission or the Commission is not due to prepare and present a report under section 57(1)(a) before the date of the next European Parliament election.

• (2) In this section, “Constituency Commission” means a Constituency Commission established pursuant to section 5 of the Electoral Act 1997.

57. Constituency review reports

57. (1) (a) Where the Commission has conducted constituency reviews under section 56(1)(a) it shall prepare reports containing the recommendations of the Commission in relation to:

• (i) the constituencies for the election of members to Dáil Éireann;

• (ii) the constituencies for the election of members of the European Parliament.

• (b) Where the Commission has conducted constituency reviews under section 56(1)(b) it shall prepare a report containing the recommendations of the Commission in relation to the constituencies for the election of members of the European Parliament.

• (c) A report under paragraphs (a) or (b) may include such recommendations as the Commission considers appropriate in relation to the alteration of constituencies referred to in those paragraphs.

• (2) When preparing a report under subsection (1)(a)(i), the Commission shall, in observing the relevant provisions of the Constitution in relation to Dáil constituencies, have regard to the following:

• (a) the total number of members of Dáil Éireann, subject to Article 16.2.2 of the Constitution, shall be not less than 171 and not more than 181;

• (b) each constituency shall return 3, 4 or 5 members;

• (c) the breaching of county boundaries shall be avoided as far as practicable;

• (d) each constituency shall be composed of contiguous areas;

• (e) there shall be regard to geographic considerations including significant physical features and the extent of and the density of population in each constituency;

• (f) subject to this section, the Commission shall endeavour to maintain continuity in relation to the arrangement of constituencies.

• (3) When preparing a report under subsection (1)(a)(ii) or (1)(b), the Commission shall have regard to the following:

• (a) the total number of members of the European Parliament to be elected in the State, which shall be such number as may be specified for the time being pursuant to the treaties governing the European Union;

• (b) the need for reasonable equality of representation as between constituencies;

• (c) the matters specified in paragraphs (b) to (f) of subsection (2).

• (4) The reference in subsection (2)(c) to county boundaries shall be deemed not to include a reference to the boundary of a city or any boundary between any 2 of the counties of Dún Laoghaire-Rathdown, Fingal and South Dublin.

• (5) A report of the Commission under this section may indicate that, in the opinion of the Commission having regard to subsection (2) or (3), no alteration is required to be made in the constituencies to which the report relates.

58. Laying of constituency review reports

58. (1) Where the Commission has conducted constituency reviews under section 56(1)(a), it shall, not later than 3 months after the publication of the final result of every census of population of the State, present the reports prepared by the Commission under section 57(1)(a) to the Joint Oireachtas Committee and lay those reports before each House of the Oireachtas.

• (2) Where the Commission has conducted constituency reviews under section 56(1)(b), it shall, not later than 2 months after receiving a written direction from the Minister under section 56(1)(b) present to the Joint Oireachtas Committee and lay before each House of the Oireachtas a report prepared under section 57(1)(b) containing the recommendations of the Commission in relation to the constituencies for the election of members of the European Parliament and any alteration of those constituencies which the Commission considers appropriate.

59. Public submissions

59. (1) The Commission shall, as soon as may be following the commencement of its constituency reviews under section 56, give public notice (in both the Irish and English languages) of its intention to prepare a report relating to—

• (a) in the case of a report under section 57(1)(a) —

• (i) the constituencies for the election of members to Dáil Éireann, and

• (ii) the constituencies for the election of members of the European Parliament,

and

• (b) in the case of a report under section 57(1)(b), the constituencies for the election of members of the European Parliament only.

• (2) In the case of a report under section 57(1)(a), the Commission shall prepare—

• (a) a statement setting out the relevant provisions of the Constitution in relation to Dáil constituencies to which the Commission is required to observe, and

• (b) statements based on the preliminary result of the most recent census of population of the State showing, for the constituencies for the time being in force for Dáil and European elections, in relation to each constituency—

• (i) the number of members of Dáil Éireann or the European Parliament, as the case may be,

• (ii) the population of the constituency,

• (iii) the population per member of Dáil Éireann or the European Parliament, as the case may be, of the constituency, and

• (iv) the percentage variation of population per member of Dáil Éireann or the European Parliament, as the case may be, of the constituency from the national average population per member.

• (3) The statements prepared by the Commission, and any submissions received by it, under this section shall be made available free of charge by the Commission, to any person wishing to examine them, in accordance with the public notice referred to in subsection (1).

• (4) The public notice referred to in subsection (1) shall indicate that the statements prepared by the Commission under this section shall be made available free of charge by the Commission, to any person wishing to examine them, in such a manner as shall be specified in the notice.

• (5) The public notice referred to in subsection (1) shall indicate that—

• (a) any person may make a submission to the Commission in such manner and within such period (which shall not be less than three months in the case of a report referred to in subsection (1)(a) and not less than one month in the case of a report referred to in subsection (1)(b)), as shall be specified in the notice,

• (b) any submissions received by the Commission in the manner and within the period specified in the notice shall be made available free of charge by the Commission, to any person wishing to examine them, in such manner and within such period as shall be specified in the notice.

• (6) The Commission shall consider every submission made to it in accordance with a public notice referred to in subsection (1).

Chapter 8 Local electoral area boundary review functions

60. Amendment of section 32 of Act of 1991

60. Section 32 of the Act of 1991 is amended by the substitution of the following subsection for subsection (2):

• “(2)

  • (a) Before deciding whether to make an order under section 23 of the Local Government Act 2001 in relation to a local electoral boundary the Minister shall request An Coimisiún Toghcháin to prepare a report, in accordance with sections 61 to 63 of the Electoral Reform Act 2022, in relation to the boundary concerned.

  • (b) An Coimisiún shall, if so requested, prepare and furnish to the Minister a report in writing which shall include its recommendations and the Minister shall publish the report and shall have regard to it when deciding whether or not to make the order.”.

61. Local Electoral Area Boundary Review functions of Commission

61. (1) The Minister may include, in a request to the Commission under section 32(2) of the Local Government Act 1991, a requirement that the Commission shall, when preparing the report under that section, have regard to such matters as may be specified by the Minister in the request and the Commission shall comply with any such requirement.

• (2) The Minister shall, before specifying, under subsection (1), the matters to which the Commission shall have regard, prepare a draft of the request under the said section 32(2) of the Local Government Act 1991 and the draft request may only be sent to the Commission if it has been—

• (a) laid before each House of the Oireachtas, and

• (b) approved by resolution passed by each such House.

• (3) The Commission may, for the purposes of a report referred to in subsection (1), by notice in writing, request any local authority to furnish to it such information (including documents) as it may reasonably require within such period as shall be specified in the notice and the local authority shall comply with the request.

62. Local electoral area boundary reports

62. A report of the Commission under section 32(2) of the Act of 1991 shall be issued within such timeframe as may be specified by the Minister.

63. Public and stakeholder submissions

63. (1) The Commission shall, as soon as may be after receiving a request from the Minister under section 32(2) of the Act of 1991, give public notice (in both the Irish and English languages) that it is preparing a report under that section.

• (2) The public notice referred to in subsection (1) shall indicate that:

• (a) any person may make a submission to the Commission in such manner and within such period, which shall not be less than one month, as shall be specified in the notice;

• (b) any submissions received by the Commission in the manner and within the period specified in the notice shall be made available free of charge by the Commission, to any person wishing to examine them, in such manner and within such period as shall be specified in the notice.

• (3) The Commission shall consider every submission made to it in accordance with a public notice referred to in subsection (1).

• (4) Any submissions received by the Commission under this section shall be made available free of charge by the Commission, to any person wishing to examine them, in accordance with the public notice referred to in subsection (1).

Chapter 9 Research, advisory and voter education functions

64. Research function of Commission

64. The Commission may commission or conduct research on electoral policy and procedure, including on matters relating to the discharge of its functions under this Act, and may, arising from that research, make such recommendations to the Minister and the Government as it considers appropriate.

65. Research programmes to be carried out by Commission

65. (1) The Commission shall prepare, annually, programmes specifying:

• (a) the subjects in relation to which it proposes to conduct research under section 64 and the objectives of such research;

• (b) the manner in which such research shall be carried out;

• (c) the estimated cost of such research.

• (2) The Commission shall, when preparing programmes under subsection (1), consult with the Joint Oireachtas Committee, the Minister and any other person, as the Commission considers appropriate.

• (3) The Commission shall, as soon as may be after the preparation of a programme under subsection (1), cause a copy of it to be laid before each House of the Oireachtas.

• (4) The Commission shall, within 6 months of the laying of a programme before each House of the Oireachtas under subsection (3), submit to the Joint Oireachtas Committee, an update on the programme.

66. Advisory function of Commission

66. (1) The Commission may, and shall when requested by the Minister, advise and, as appropriate, make recommendations to the Government or the Minister, in relation to any proposals for legislative change, or any other policy matters concerning electoral policy or procedures.

• (2) The Minister shall, as soon as may be after receiving a recommendation under subsection (1) lay the report before each House of the Oireachtas.

67. Education function of Commission

67. (1) The Commission shall, through educational and information programmes promote public awareness of, and participation in, the State’s electoral and democratic processes and encourage the public to vote at electoral events.

• (2) The following are electoral events to which this section and section 68 applies:

• (a) a Dáil election;

• (b) a Seanad election;

• (c) a European election;

• (d) a presidential election;

• (e) a local election;

• F9[(f) a referendum;]

• F10[(g) a Limerick mayoral election;

• (h) a plebiscite.]

68. Post electoral event reviews

68. (1) The Commission may, after each electoral event to which this section applies, prepare and publish (in such a manner as the Commission may determine) a report on the administration of the electoral event concerned.

• (2) Where the Commission prepares a report under subsection (1), the report shall be published and laid before the Houses of the Oireachtas and a copy of the report shall be provided to the Minister no later than 6 months after the electoral event the subject matter of the report.

• (3) A report under subsection (1) shall include a description of the assistance given by presiding officers or returning officers to certain persons under:

• (a) sections 28, 88, 94, 100, 103 and 112 of the Act of 1992;

• (b) sections 37 and 43 of the Act of 1993;

• (c) section 31 of the Act of 1994;

• (d) rules 50, 56, 59, 61, 64 and 67 of the Second Schedule to the Act of 1997;

• F11[(e) articles 51, 57, 62, 65 and 74 of the Local Elections Regulations 1995;]

• F12[(f) paragraphs 37 and 42 of the Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024.]

Chapter 10 Oversight of electoral register

69. Oversight of electoral register

69. (1) Notwithstanding the generality of section 64, the Commission may, in relation to the electoral register, commission or conduct research in relation to:

• (a) the accuracy and completeness of the electoral register maintained by a registration authority;

• (b) the activities undertaken by a registration authority in relation to the maintenance of the electoral register;

• (c) the processes relating to the compilation, maintenance and functioning of the electoral register referred to in paragraph (a);

• (d) any other matter considered by the Commission to be relevant to its functions under this section.

• (2) The Commission shall, on foot of the information provided by a registration authority under section 20A of the Act of 1992 or by a designated registration authority under section 13B of that Act, publish and lay before each House of the Oireachtas, annually, a report setting out:

• (a) such research, if any, carried out by the Commission under subsection (1);

• (b) the Commission’s assessment of the status and functioning of the electoral register maintained by registration authorities and any recommendations the Commission considers necessary to maintain or enhance the integrity of the electoral register and the registration process.

• (3) The Commission may—

• (a) make recommendations to a registration authority in relation to the performance of the functions of that registration authority under section 20 of the Act of 1992,

• (b) make recommendations to a designated registration authority in relation to the performance of the functions of that designated registration authority under section 13B of the Act of 1992,

• (c) set standards for registration authorities in relation to the electoral register,

• (d) make recommendations to the Minister in relation to such legislative changes regarding the electoral register and the registration process as the Commission considers necessary to maintain or enhance the integrity of the electoral register and the registration process.

• (4) In this section—

• (a) “designated registration authority” means a registration authority prescribed as a designated registration authority by regulations made under section 13B of the Act of 1992;

• (b) “registration authority” means a county council, a city council or a city and county council.

Chapter 11 Amendments to other enactments

70. Amendment of Broadcasting Act 2009

70. The Broadcasting Act 2009 is amended—

• (a) in section 41(6), by the substitution of “broadcast at the request of An Coimisiún Toghcháin in relation to a matter referred to in section 31 of the Electoral Reform Act 2022 ” for “broadcast at the request of the Referendum Commission in relation to a matter referred to in section 3 of the Act of 1998”,

• (b) by the substitution, in section 106(4), of “An Coimisiún Toghcháin ” for “the Referendum Commission” in each place it occurs, and

• (c) by the substitution, in section 127(8), of “An Coimisiún Toghcháin ” for “the Referendum Commission” in each place it occurs.

71. Amendment of Data Protection Act 2018

71. The Data Protection Act 2018 is amended—

• (a) in section 48, by the substitution of the following paragraph for paragraph (b):

• “(b) by An Coimisiún Toghcháin in the performance of its functions.”,

• (b) in section 58, by the substitution of the following paragraph for paragraph (b):

• “(b) by An Coimisiún Toghcháin in the performance of its functions.”,

and

• (c) in section 59, by the substitution of the following paragraph for paragraph (b):

• “(b) by An Coimisiún Toghcháin in the performance of its functions.”.

72. Amendment of Act of 1992

72. The Act of 1992 is amended—

• (a) in section 46(4), by the substitution of “ section 47(d) of the Electoral Reform Act 2022 ” for “section 25(7)(d)”,

• (b) in section 46(10), by the substitution of “ section 55 of the Electoral Reform Act 2022 ” for “section 25C(7)”,

• (c) in section 62(2)(g), by the substitution of “ section 55 of the Electoral Reform Act 2022 ” for “subsection (7) of section 25C”,

• (d) in section 63(1)(b)(vi), by the substitution of “ section 54 of the Electoral Reform Act 2022 ” for “subsection (7) of section 25C”, and

• (e) in section 107(1), by the deletion of “(disregarding any excluded day)”.

73. Amendment of Houses of the Oireachtas Commission Act 2003

73. The Houses of the Oireachtas Commission Act 2003 is amended, in section 14C(4)(b)(v), by the deletion of “or as the Registrar of Political Parties under section 25 of the Electoral Act 1992 ”.

74. Amendment of Local Elections (Disclosure of Donations and Expenditure) Act 1999

74. The Local Elections (Disclosure of Donations and Expenditure) Act 1999 is amended, in section 19A, in the definition of “third party”, by the substitution of “the Register of Political Parties under Chapter 6 of Part 2 of the Electoral Reform Act 2022 ” for “the Register of Political Parties under Part III of the Act of 1992”.

75. Amendment of Act of 1997

75. The Act of 1997 is amended, in Rule 5(3)(a) of the Second Schedule, by the substitution of “ section 47(d) of the Electoral Reform Act 2022 ” for “section 25(7)(d) of the Act of 1992”.

76. Amendment of Local Elections Regulations 1995

76. Article 14(5) of the Local Elections Regulations 1995 is amended by the substitution of “ section 47(d) of the Electoral Reform Act 2022 ” for “section 25(7)(d) of the Act of 1992”.

77. Amendment of Electoral Act 1997

77. The Electoral Act 1997 is amended—

• (a) in section 2, in the definition of “political party”, by the substitution of “in accordance with Chapter 6 of Part 2 of the Electoral Reform Act 2022 ” for “in accordance with section 25 of the Act of 1992”,

• (b) in section 16, by the substitution of the following paragraph for paragraph (a)—

• “(a) the party is registered in the Register of Political Parties in accordance with Chapter 6 of Part 2 of the Electoral Reform Act 2022 as a party organised (within the meaning of section 45 of that Act) in the State or in a part thereof specified in an application under that section to contest a Dáil election, and”,

• (c) in section 22(2)(aa), in the definition of “third party”, by the substitution of “the Register of Political Parties under Chapter 6 of Part 2 of the Electoral Reform Act 2022,” for “the Register of Political Parties under Part III of the Electoral Act 1992,”, and

• (d) in section 46(1), in the definition of “third party”, by the substitution of “in accordance with Chapter 6 of Part 2 of the Electoral Reform Act 2022 ” for “in accordance with section 25 of the Act of 1992”.

78. Amendment of Taxes Consolidation Act 1997

78. Schedule 13 to the Taxes Consolidation Act 1997 is amended by the insertion of the following paragraph after paragraph 206:

“207. An Coimisiún Toghcháin.”.

PART 3 Franchise and registration of electors

Chapter 1 Amendments to Act of 1992

79. Amendment of section 6 of Act of 1992

79. Section 6 of the Act of 1992 is amended—

• (a) by the insertion of the following definitions:

“ ‘anonymous elector’ has the meaning assigned to it by section 15E(1);

‘closing date’ shall be construed in accordance with Rule 1(2) of Part I of the Second Schedule;

‘Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016⁴ on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

‘Designated Registration Authority’ has the meaning assigned to it by section 13B(1);

‘registered medical practitioner’ means a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007;

‘pending elector list’ has the meaning assigned to it by section 17A;

‘personal public service number’ has the meaning assigned to it by section 262 of the Social Welfare Consolidation Act 2005;

‘shared database’ has the meaning assigned to it by section 13B;”,

• (b) by—

• (i) the substitution of the following definition for the definition of “the county registrar”:

“ ‘county registrar’ means a person appointed to be a county registrar under section 35 of the Court Officers Act 1926 including any deputy for a county registrar for the time appointed under section 40 of that Act or a person who, under section 9(1)(b) of the Court Officers Act 1945, is required and authorised to perform any of the duties of any other county registrar, and who carries out the functions conferred on him or her by this Part in respect of the administrative area of a particular county council, a city council or a city and county council or other area coterminous with or contained in a registration area or a person appointed or designated under Rule 24 of Part IV of the Second Schedule;”,

• (ii) the substitution of the following definition for the definition of “local authority”:

“ ‘local authority’ has the meaning assigned to it by section 2 of the Local Government Act 2001;”,

• (iii) the substitution of the following definition for the definition of “the register”:

“ ‘the register’ means the register of presidential electors or the register of Dáil electors or the register of European electors or the register of local government electors or all such registers as the case may require and, where the context so requires, includes the postal voters list and the special voters list;”,

• (iv) the substitution of the following definition for the definition of “registration area”:

“ ‘registration area’ means the administrative area (within the meaning of section 2 of the Local Government Act 2001) of a county council, a city council or a city and county council;”,

• (v) the substitution of the following definition for the definition of “registration authority”:

“ ‘registration authority’ means a county council, a city council or a city and county council;”,

and

• (c) by the deletion of the following definitions:

• (i) “edited register”;

• (ii) “national edited register”;

• (iii) “medical practitioner”;

• (iv) “national register”;

• (v) “qualifying date”;

• (vi) “the specified date”.

80. Amendment of section 7 of Act of 1992

80. Section 7 of the Act of 1992 is amended—

• (a) in subsection (1), by the substitution of “is” for “was, on the qualifying date”,

• (b) in subsection (2)(i), by the substitution of “Presidential Elections Acts 1992 to 2006” for “Presidential Elections Acts, 1937 to 1992”,

• (c) in subsection (2)(ii), by the substitution of “Referendum Acts 1992 to 2022” for “the Referendum Acts, 1942 to 1992”, and

• (d) in subsection (3), by the substitution of “Presidential Elections Acts 1992 to 2006” for “Presidential Elections Acts, 1937 to 1992”.

81. Amendment of section 8 of Act of 1992

81. Section 8 of the Act of 1992 is amended—

• (a) in subsection (1), by the substitution of “is” for “was, on the qualifying date”, and

• (b) in subsection (2)—

• (i) in paragraph (a), by the deletion of “on the qualifying date”, and

• (ii) in paragraph (a)(ii)(II), by the deletion of “on that date”.

82. Amendment of section 9 of Act of 1992

82. Section 9 of the Act of 1992 is amended by the substitution of “if he or she has reached the age of 18 years and if he or she is ordinarily resident in that constituency and is either” for “if he has reached the age of eighteen years and if, on the qualifying date, he was ordinarily resident in that constituency and was either”.

83. Amendment of section 10 of Act of 1992

83. Section 10 of the Act of 1992 is amended by the substitution of “is” for “was, on the qualifying date”.

84. Amendment of section 11 of Act of 1992

84. Section 11 of the Act of 1992 is amended—

• (a) by the substitution of the following subsection for subsection (2):

• “(2) Subject to sections 7, 8, 9 and 10, a person shall be entitled to be registered as an elector on or after the day on which that person reaches 18 years, including where such day falls during the period beginning on the last day on which applications for entry in the register in respect of a specific Dáil, presidential, European or local election or a referendum can be received and ending on polling day, provided that any application is received by the registration authority before the closing date.”,

• (b) in subsection (4)(a)—

• (i) by the deletion of “on the qualifying date”,

• (ii) by the substitution of “applications” for “claims”,

• (c) in subsection (5), by the deletion of “on the qualifying date,”,

• (d) in subsection (6), by the deletion of “on the qualifying date,”, and

• (e) by the insertion of the following subsections after subsection (6):

• “(7)

  • (a) Where a person is not ordinarily resident at any premises at the time of making an application under subsection (1) or (2) of section 15D, as the case may be, he or she may make a declaration of circumstances to the registration authority in accordance with this subsection setting out his or her reason for making an application to be registered at an address provided in the declaration of circumstances.

  • (b) A declaration of circumstances shall be completed in accordance with Rule 37 of Part VII of the Second Schedule in a form directed by the Minister and shall include:

    • (i) the name of the person;

    • (ii) (I) an address to which correspondence can be delivered, or

      • (II) confirmation that the person is willing to collect correspondence from a specified office of the relevant registration authority;

    • (iii) the date of the declaration;

    • (iv) the address of, or which is nearest to, a place where the person commonly spends a substantial part of his or her time (whether during the day or at night) and at which the person wishes to be considered ordinarily resident;

    • (v) the reason for the application by the person under this subsection.

  • (c) If the registration authority is satisfied that there is no other address at which the person would be more appropriately registered, the person shall be deemed ordinarily resident at the address provided in the declaration of circumstances as the address at which he or she wishes to be considered ordinarily resident.

  • (d) A declaration of circumstances made under this subsection may be withdrawn by the elector who made it at any time and, shall be deemed to be withdrawn, where—

    • (i) he or she submits a new declaration of circumstances, or

    • (ii) he or she submits an application to a registration authority under section 15D(2)—

      • (I) to be entered on the register in a different registration area, or

      • (II) to update details of his or her entry on the register in the same registration area.

• (8)

  • (a) The Minister shall—

    • (i) not later than 3 years after the coming into operation of section 84 of the Electoral Reform Act 2022, carry out or cause to be carried out a review of the operation of that subsection, and

    • (ii) not later than 12 months after the commencement of the review, publish a report of the findings resulting from the review and of the conclusions drawn from the findings and arrange for a copy of the report to be laid before each House of the Oireachtas.

  • (b) In carrying out a review under this subsection, the Minister or such person as the Minister shall cause to carry out the review, shall consult with the registration authorities and such other persons as the Minister or person carrying out the review considers appropriate for the purposes of the review.”.

85. Amendment of section 12 of Act of 1992

85. Section 12 of the Act of 1992 is amended—

• (a) in subsection (1), by the insertion of the following definition:

“ ‘civil partner’ has the meaning assigned to it by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;”,

• (b) in subsection (2), by the deletion of—

• (i) “within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ”, and

• (ii) “on the qualifying date”,

• (c) by the substitution of the following subsection for subsection (3):

• “(3) A qualified person may, not later than the date specified in section 14, send to the appropriate registration authority a statement in a form directed by the Minister providing the following information:

  • (a) the address of the premises in the State in which, but for the requirements of his or her duties, he or she would be resident;

  • (b) particulars of his or her spouse or civil partner (if any).”,

and

• (d) in subsection (5)—

• (i) by the deletion of “on the qualifying date”, and

• (ii) by the insertion of “or civil partner” after “spouse”.

86. Amendment of section 13 of Act of 1992

86. Section 13 of the Act of 1992 is amended—

• (a) by the substitution of the following subsection for subsection (1):

• “(1) A register, by reference to registration areas, of persons entitled to be registered as electors shall be maintained in accordance with this Part and the Second Schedule and, in so far as it relates to presidential electors, it shall be the register of presidential electors, in so far as it relates to Dáil electors, it shall be the register of Dáil electors, in so far as it relates to European electors, it shall be the register of European electors and, in so far as it relates to persons entitled to vote at local elections, it shall be the register of local government electors.”,

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

• “(1A) The register prepared and published under this section by each registration authority for the registration area of that registration authority that was in force immediately before the coming into operation of section 86 of the Electoral Reform Act 2022 shall continue in force on and after that coming into operation and shall, after such coming into operation, be maintained and published in accordance with section 20.”,

• (c) by the substitution of the following subsection for subsection (2):

• “(2) Subject to subsection (5), the name of a person who has submitted an application for entry in the register on or after the fourteenth day before polling day (disregarding any excluded day) and ending on polling day shall not be included in the register in force and published before polling day at that election or referendum.”,

• (d) in subsection (3), by the substitution of “register of electors maintained for the purposes of this Part” for “the draft register prepared for the purposes of this Part, or the electors lists prepared, under section 16, by a registration authority the subject of a direction under that section”, and

• (e) by the insertion of the following subsection after subsection (4):

• “(5) Subject to section 15E and without prejudice to anything required to be done under section 20, each registration authority shall, as soon as practicable after the fourteenth day before polling day (disregarding any excluded day) at an election or a referendum—

  • (a) publish the register, and

  • (b) publish a list of the names of electors added to the register, from the date of the making of the polling day order in respect of that election or referendum.”.

87. Amendment of section 13B of Act of 1992

87. The Act of 1992 is amended by the substitution of the following section for section 13B:

“Designated Registration Authority

13B. (1) The Minister may by regulations prescribe a registration authority (in this Part referred to as the ‘Designated Registration Authority’) to establish, manage and maintain a shared database (in this Part referred to as the ‘shared database’) for the purposes of enabling the efficient performance by registration authorities of their functions under sections 13E and 20.

• (2) The shared database shall include, in respect of the registration area of each registration authority, such information as is necessary and proportionate for the performance by registration authorities of their functions as registration authorities and shall contain—

  • (a) the information in the register of electors,

  • (b) the information in the pending elector list,

  • (c) identifying particulars (within the meaning of section 13E(7)),

  • (d) information provided in accordance with this Part and the Second Schedule used to compile the register of electors and the pending electors list, and

  • (e) such other supporting documentation provided in accordance with this Part and the Second Schedule used to compile the register of electors and the pending electors list, the storage of which is considered by the registration authority to be necessary and proportionate to the performance of its functions.

• (3) Each registration authority shall use the shared database for the purpose of the performance of its functions under this Part, in accordance with section 13E, for the preparation and publication of the register, including by the storage, sharing and extraction of data from the shared database.

• (4) Notwithstanding the existence of the shared database, each registration authority shall, on and after the coming into operation of section 87 of the Electoral Reform Act 2022, continue to perform its functions under section 20 in respect of its registration area.

• (5) The Minister shall, before prescribing a registration authority as the Designated Registration Authority under subsection (1), be satisfied that the authority has or has available to it, appropriate experience, expertise and knowledge to perform the functions under that subsection.

• (6) The Designated Registration Authority may make and carry out an agreement with one or more registration authorities for sharing the cost of the management and maintenance by the Designated Registration Authority of the shared database and the related systems necessary for the effective functioning of the database.

• (7) The Designated Registration Authority shall, on an annual basis and by such date as may be specified to it by An Coimisiún Toghcháin, submit a report to An Coimisiún on the performance by it of its functions under this section.”.

88. Use of the electoral register

88. The Act of 1992 is amended by the insertion of the following section after section 13C:

“13D. (1) The information contained in the register of electors maintained and published under this Part shall only be used for electoral or other statutory purposes.

• (2) Without prejudice to the generality of subsection (1), information contained in the register maintained and published under section 13 may be used—

  • (a) by a specified person (within the meaning of section 39 of the Data Protection Act 2018), for the purpose of communicating with a data subject (within the meaning of Article 4(1) of the Data Protection Regulation) in accordance with section 39 of that Act, or

  • (b) by an elected representative (within the meaning of section 40 of the Data Protection Act 2018) for the purposes of section 40 of that Act.”.

89. Data sharing

89. The Act of 1992 is amended by the insertion of the following section after section 13D:

“13E. (1) A registration authority may share information with another registration authority where it is necessary and proportionate for any one or more of the following purposes:

• (a) to check for duplicate entries on the register of electors;

• (b) to verify the accuracy of the register of electors;

• (c) to examine whether information supplied in a form submitted to the registration authority in relation to the register of electors is accurate;

• (d) to update and maintain the register of electors;

• (e) in pursuance of any other of its functions under this Part.

• (2) The Minister for Social Protection may, solely for the purpose of assisting a registration authority in updating, maintaining and ensuring the accuracy of the register of electors, provide, for the purposes of confirming information submitted to or held by the registration authority including the Designated Registration Authority, confirmation of a person’s identifying particulars and the authority or authorities may use such confirmation to update, maintain and ensure the accuracy of the register.

• (3) The Minister, may by order, solely for the purpose of assisting a registration authority including the Designated Registration Authority in updating, maintaining and ensuring the accuracy of the register of electors and to identify information or entries on the register that may require to be updated, provide for the conduct of a periodic data-sharing exercise between an authority or authorities and a Minister of the Government or a specified public body.

• (4) An order under subsection (3) shall specify the information, which is considered by the Minister to be necessary and proportionate, to be shared, the process to be followed including suitable and specific measures to safeguard the fundamental rights and freedoms of data subjects, and any specified public body to whom the order shall apply.

• (5) A Minister of the Government or a specified public body may, for the purpose of the periodic data-sharing exercise under subsection (3), provide a registration authority including the Designated Registration Authority with such information as is necessary and proportionate to the data-sharing exercise referred to in that subsection and the registration authority or authorities may use any such information as is provided for that purpose.

• (6) A registration authority may require an tArd-Chláraitheoir to furnish information in connection with deaths of persons in the registration area of the registration authority concerned.

• (7) In this section—

‘data-sharing’ means the disclosure of information, including personal data, by a specified public body to another specified public body;

‘identifying particulars’, in relation to a person, means any one or more of the following particulars:

- (a) full name (including all former names, if applicable);

- (b) date of birth;

- (c) address;

- (d) nationality;

- (e) personal public service number (if any);

- (f) in the case of a deceased person, his or her date of death;

  ‘information’ means any personal data extracted from the register of electors referred to in section 13 or the shared database;

  ‘specified public body’ means:

- (a) a registration authority;

- (b) the Designated Registration Authority;

- (c) *an tArd-Chláraitheoir*;

- (d) such other public body as may be prescribed as a specified public body by the Minister.”.

90. Amendment of section 14 of Act of 1992

90. (1) Section 14 of the Act of 1992 is amended in paragraph (d)—

• (a) by the insertion of “or at the place where he or she is deemed to be ordinarily resident under section 11(6)” after “residence”, and

• (b) by the deletion of “physical” in each place where it occurs.

• (2) Section 14 of the Act of 1992 (as amended by subsection (1)) is amended—

• (a) by the designation of the existing section as subsection (1),

• (b) in subsection (1)—

• (i) in paragraph (a), by the substitution of “applications” for “claims”,

• (ii) in paragraph (c), by the substitution of “in the State, or,” for “in the State on the qualifying date, or”,

• (iii) by the substitution of the following paragraph for paragraph (d):

• “(d) a person who is ordinarily resident at his or her residence or at the place where he or she is deemed to be ordinarily resident under section 11(6), and applies to be so entered in the postal voters list and satisfies the registration authority that he or she is unable to go in person to vote at the polling place for his or her polling district by reason of his or her illness or disability, or”,

and

• (iv) by the insertion of the following paragraph after paragraph (d):

• “(e) a person who is an anonymous elector.”,

and

• (c) by the insertion of the following subsections after subsection (1):

• “(2) An application to be entered in the postal voters list received on a date that is on or after—

  • (a) the third day after the date of dissolution of the Dáil in the case of a general election,

  • (b) the third day after the date of the making of the order appointing polling day in the case of a Dáil bye-election, or

  • (c) the twenty-first day (disregarding any excluded day) before polling day in the case of a presidential, European or local election, or a referendum,

  shall have no effect in relation to that election or referendum, as the case may be.

• (3) Part VI of the Second Schedule shall apply to an application to be entered in the postal voters list.”.

91. Amendment of section 15C of Act of 1992