Electoral Reform Act 2022

• (IV) by the deletion of paragraph (4),

• (ii) in rule 49—

• (I) by renumbering the existing rule as paragraph (1), and

• (II) by the insertion of the following paragraph after paragraph (1):

• “(2) Where an order is made under section 10(1A) the returning officer for the constituency in which the island is situated shall, as soon as may be after it is made, give public notice in the polling district in which the island is situated stating the day appointed under section 10(1)(a) on which, and the period shortened by the order under section 10(1A) during which, the poll shall be taken on the island.”,

and

• (iii) in rule 75—

• (I) in paragraph (1), by the insertion of the following subparagraph after subparagraph (a):

• “(aa) where ballot boxes from a polling station situated on an island have not reached the place appointed for the verification of ballot paper accounts under rule 73(2) before the time appointed under rule 73(1), due to stress of weather or transport difficulties, proceed in accordance with subparagraphs (a), (c) and (d) in respect of the other ballot boxes,”,

and

• (II) in paragraph (1), by the substitution of the following subparagraph for subparagraph (b):

• “(b) when all the ballot boxes, including all the ballot boxes from polling stations situated on an island, have been dealt with in accordance with subparagraphs (a), (c) and (d), prepare a statement showing the result of the comparison under subparagraph (a) in respect of all the ballot papers for the county or county borough for which he or she is the local returning officer,”.

PART 9 Lottery fundraising by political parties

206. Fundraising by political parties

206. (1) A political party may apply to the District Court for a licence (in this section referred to as a “lottery licence”) to promote periodical lotteries.

• (2) An application under subsection (1) shall—

• (a) be accompanied by a fee of €150, and

• (b) be made to the District Court not less than 60 days before the first day on which it is intended to promote the lottery to which the application relates.

• (3) When considering an application for a lottery licence, a District Court judge shall have regard to the purpose of the lottery concerned.

• (4) The superintendent of the Garda Síochána for the district in which the lottery is to be held and any other person who appears to the court to be interested may appear and adduce evidence in relation to the application.

• (5) Subject to subsection (10), the District Court shall either grant the application and issue the lottery licence or refuse the application.

• (6) A lottery licence issued under subsection (5) shall continue in force for such period, not exceeding 12 months, as may be specified in the licence.

• (7) An application under subsection (1) shall be made to a judge of the District Court assigned to the District Court district in which it is proposed to promote the lottery.

• (8) A political party to which a lottery licence has been issued under subsection (5) shall not transfer that licence to any other person and any such purported transfer shall be void and of no effect.

• (9) A political party to which a lottery licence has been issued under subsection (5) shall not accept a stake from a person under the age of 18 years in relation to the lottery.

• (10) A lottery licence shall be issued subject to the following conditions:

• (a) the value of each prize and the name of the intended beneficiary of the lottery shall be stated on every ticket or coupon or, where the lottery is conducted in a premises, prominently displayed at the normal means of access to the premises proposed to be used;

• (b) the total value of the prizes shall—

• (i) if more than one lottery is held in any week, be not more than €30,000, or

• (ii) if one lottery is held in any year, be not more than €360,000.

• (11) A political party to which a lottery licence has been issued under subsection (5) shall comply with the conditions of the lottery licence.

• (12) The District Court clerk for the District Court district in which the application under subsection (1) was made shall keep a register of all lottery licences issued under subsection (5).

• (13) Every register maintained under subsection (12) may be maintained electronically and shall be available for inspection at all reasonable times by members of the public.

• (14)
• (a) A political party which contravenes subsection (9) or (11) shall be guilty of an offence.

• (b) Where a political party is charged with an offence under subsection (9), it shall be a good defence to such charge to prove that the political party took reasonable steps to verify the age of the person in respect of whom such offence is alleged to have been committed.

• (15) In this Part, “lottery” includes all competitions for money or money's worth involving guesses or estimates of future events or of past events the results of which are not yet ascertained or not yet generally known.

207. Offences and penalties

207. (1) A political party guilty of an offence under section 206(9) shall be liable on summary conviction to a class E fine.

• (2) A political party guilty of an offence under section 206(11) shall be liable—

• (a) on summary conviction, to a class A fine, or

• (b) on conviction on indictment, to a fine not exceeding €50,000.

• (3) Where an offence under this Part is committed by a political party or by a person purporting to act on behalf of a political party, and is proved to have been committed with the consent or connivance, or to be attributable to any wilful neglect, of a person who, when the offence is committed, is—

• (a) a director, manager, secretary or other officer of the political party, or a person purporting to act in that capacity, or

• (b) a member of the executive committee or other controlling body of the political party, or a person purporting to act in that capacity,

that person is taken to have also committed the offence and may be proceeded against and punished accordingly.

Footnotes