S.I. No. 68/1985 - Local Elections (Postal Voting) (Amendment) Regulations, 1985.

S.I. No. 68 of 1985.

LOCAL ELECTIONS (POSTAL VOTING) (AMENDMENT) REGULATIONS, 1985.

The Minister for the Environment, in exercise of the powers conferred on him by section 82 of the Electoral Act, 1963 (No. 19 of 1963), hereby makes the following Regulations, a draft of which has been approved by a resolution passed by each House of the Oireachtas:

1. These Regulations may be cited as the Local Elections (Postal Voting) (Amendment) Regulations, 1985.

2. The Local Elections Regulations, 1965 and 1974 and these Regulations shall be construed as one and may be cited together as the Local Elections Regulations, 1965 to 1985.

3. In these Regulations—

"the Regulations of 1974" means the Local Elections (Postal Voting) Regulations, 1974 ( S.I. No. 118 of 1974 ).

"election year" means a year in which a local election is to be held.

4. The following is hereby substituted for article 4 (2) of the Regulations of 1974—

"(2) For the purpose of these Regulations, a qualified person shall be a person whose name is on the register for the time being in force for a local electoral area (not being a person whose name is on the postal voters list for that area) and who satisfies the appropriate returning officer that he will be unable, or is likely to be unable, to go in person on the polling day to vote at the election at the polling station to which he is allotted by reason of—

( a ) the circumstances of his occupation, service or employment, or

( b ) his physical illness or physical disability.".

5. ( a ) Articles 5 (b) and (c) and articles 8 (2) and (3) of the Regulations of 1974 are hereby amended by the insertion after the word "certified" of the words "or supported by a statutory declaration, as appropriate,".

( b ) The Form set out in the Schedule to these Regulations is hereby substituted for the Form set out in the Schedule to the Regulations of 1974.

( c ) The words "thirtieth day of April in every election year" are hereby substituted for the words "seventh day after the latest day for the publication of the Notice of Election" in article 5 (c) and for the words "adjournment of an election for the purpose of taking a poll" in article 9 (1) of the Regulations of 1974.

( d ) The words "fifteenth day of April in every election year" are hereby substituted for the words "twenty-eighth day before the polling day" in articles 6 and 7 of the Regulations of 1974.

6. (1) The following is hereby inserted after article 8 (1) of the Regulations of 1974—

"(1A) A person who applies to vote by post shall supply to the appropriate returning officer any information which such returning officer may require for the purpose of satisfying himself that the applicant is a qualified person and, if he fails to supply the information so required within seven days of being so required, the returning officer shall rule that the application is invalid and shall cause the application form to be marked accordingly.".

(2) Article 8 (6) (b) of the Regulations of 1974 is hereby revoked.

7. Article 33 (2) of the Principal Regulations is hereby amended by the insertion of the word "registered" before the word "post".

SCHEDULE

(Front ofform)

APPLICATION TO VOTE BY POST AT A LOCAL ELECTION

Please read the notes and instructions overleaf before completing the form.

WARNING: IT IS A SERIOUS OFFENCE, CARRYING HEAVY PENALTIES, TO APPLY FOR A BALLOT PAPER IN THE NAME OF ANY OTHER PERSON

(To be completed where application is made on grounds of physical illness or physical disability.)

I hereby certify that the above-named applicant who is under my care is suffering from............................................................ ....... and for that reason will be unable, or is likely to be unable, to go in person to the polling station to vote at the local election.

(To be completed where application by an employee is made on grounds of the circumstances of occupation, service or employment.)

I hereby certify that the above-named applicant is employed by me as............................................................ ............................ .......................................

and by virtue of the employment will be unable, or is likely to be unable, to go in person to the polling station to vote at the local election.

(To be completed where application by a self-employed person is made on grounds of the circumstances of occupation, service or employment. This declaration must be made before a Peace Commissioner or a Commissioner for Oaths. )

by reason of being self-employed as ................................................. I will be unable, or am likely to be unable, to go in person to the polling station to vote at the local election

and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

(Back ofform)

APPLICATION TO VOTE BY POST AT A LOCAL ELECTION

Please read these notes and instructions before completing the form.

Persons who may vote by post: Provided you are registered as an elector, you may apply to vote by post at a local election if you will be unable, or are likely to be unable, to go in person on the polling day to vote at the election at the polling station by reason of (i) the circumstances of your occupation, service, or employment; or (ii) your physical illness or physical disability. An application to vote by post received by the returning officer may not be withdrawn. If your application to vote by post is granted you may not vote at the polling station.

Completing the application form: To apply to vote by post you must complete Part A of the form overleaf in accordance with the instructions provided.

You must give your full name and address (and, where possible, your number) as they appear on the register of electors. This is particularly important where more than one person of the same name is registered at the same address or in the same townland. You can inspect the register of electors at the local Garda Station, post office or local authority offices.

You must indicate why you will be unable, or are likely to be unable to vote in person. To do this, put a tick (#FTS:Terminal,FX,PC#û#FTE#) in the appropriate box.

Certification of the application form: The application form is divided into four sections A, B, C and D. All applicants must complete Part A and then have either B, C or D, depending on which section applies to them, completed by an appropriate person. Every application must be accompanied by a medical or employment certificate or a statutory declaration depending on which is appropriate in the particular case.

Where to send the application form: Completed and certified application forms must reach the appropriate returning officer by 12 noon on the 30th April. If you are sending the form by post, affix a stamp to the envelope.

If the place where you are registered is in a county borough, send the form to the Returning Officer at the City Hall. If you are registered in a county, send the form to the Returning Officer at the head office of the County Council.

Action by the returning officer: If your application is received by the returning officer in time and he is satisfied that you are qualified to vote by post and that your application is properly completed and certified or supported by a statutory declaration, as appropriate, he will send you a postal ballot paper with the necessary instructions in time to vote at the local election. If your application to vote by post is rejected by the returning officer, he will notify you of the reasons for the rejection.

APPLICATIONS TO BE REGISTERED AS A POSTAL VOTER MUST BE RECEIVED BY THE RETURNING OFFICER BY 12 NOON ON 30TH APRIL IN THE ELECTION YEAR.

__________________________________________________________________________

GIVEN under the Official Seal of the Minister for the Environment this 14th day of March, 1985.

LIAM KAVANAGH

Minister for the Environment.

EXPLANATORY NOTE

These Regulations amend the provisions of the Local Elections Regulations, 1965 and the Local Elections (Postal Voting) Regulations, 1974 relating to postal voting at local elections.