Electoral Act, 1992

Electoral Act, 1992 1992 23

No. 23/1992:

ELECTORAL ACT, 1992

ARRANGEMENT OF SECTIONS

PART I

GENERAL

Section

1. Short title, collective citation, construction and commencement.

2. Interpretation.

3. Regulations.

PART II

FRANCHISE AND REGISTRATION OF ELECTORS

6. Interpretation (Part II).

7. Registration of presidential electors.

8. Registration of Dáil electors.

9. Registration of European electors.

10. Registration of local government electors.

11. General provisions relating to the registration of electors.

12. Certain persons deemed to be ordinarily resident in the State.

13. The register of electors.

14. Entry of names in postal voters list.

15. Supplement to the register of electors.

16. Electors lists to replace draft register in the case of specified registration authorities.

17. Special voters list.

18. Issuing of instructions.

19. Entry in register of name of revised constituency.

20. Registration duties.

22. Amendment of section 40 of Court Officers Act, 1926.

23. Amendment of section 1 of European Assembly Elections Act, 1977.

24. Amendment of Electoral (Amendment) (No. 2) Act, 1986.

PART III

REGISTRATION OF POLITICAL PARTIES

25. Register of political parties.

26. Amendment of European Assembly Elections Acts, 1977 and 1984.

PART IV

POLLING DISTRICTS AND POLLING PLACES

27. Interpretation (Part IV).

28. Polling districts and polling places.

29. Temporary arrangements with respect to certain polling districts.

PART V

RETURNING OFFICERS

30. Returning officers and assistant, deputy and acting returning officers.

31. General duty of returning officer.

32. Payment of returning officers' expenses.

PART VI

DURATION AND MEMBERSHIP OF DÁIL

33. Maximum duration of Dáil.

34. Resignation of membership of Dáil.

35. Person returned for two or more constituencies.

36. Re-election of outgoing Chairman of Dáil.

PART VII

METHOD OF ELECTION

37. The electoral system.

38. Manner of voting.

PART VIII

THE WRIT AT A DÁIL ELECTION

39. Issue and return of writs.

40. Effect of dissolution of Dáil on certain writs.

PART IX

DISQUALIFICATION FOR MEMBERSHIP OF DÁIL

41. Disqualification for membership of Dáil.

42. Cesser of membership of Dáil in certain circumstances.

43. Candidates at bye-elections.

PART X

NOMINATIONS

44. Notice of election.

45. Necessity for nomination.

46. Nomination of candidates.

47. Deposit by candidates.

48. Return or disposal of deposit.

49. Times for receiving nominations.

50. Delivery of nomination papers.

51. Selection of nomination papers.

52. Ruling on validity of nomination papers.

53. Publication of nominations.

54. Withdrawal of candidature.

55. Publication of withdrawal.

56. Obstruction of nominations.

57. Candidates entitled to free postage.

58. Procedure after nominations.

PART XI

AGENTS OF CANDIDATES

59. Appointment of agents.

60. General provisions as to agents.

61. Officers not to act as agents of candidates, further candidatures etc.

PART XII

DEATH OF CANDIDATE OR OUTGOING CHAIRMAN OF DÁIL

62. Death of a candidate.

63. Death of outgoing Chairman of Dáil.

PART XIII

POSTAL VOTING

64. Voting by post.

65. Voting by electors referred to in section 12.

66. Form of ballot paper and receipt.

67. Presence of agents.

68. Issue of postal ballot papers.

69. Provision of postal voters ballot boxes.

70. Envelopes to be placed in postal voters ballot boxes.

71. Envelopes to be treated as covering envelopes.

72. Procedure at close of poll.

73. Opening of postal voters ballot boxes.

74. Rejected receipts.

75. Ballot papers to be placed in ballot boxes.

76. Duties of returning officer in relation to documents relating to postal voters.

77. Definition of agent.

PART XIV

VOTING BY SPECIAL VOTERS

78. Interpretation (Part XIV).

79. Voting by special voters.

80. Special presiding officers.

81. Ballot paper etc. for special voters.

82. Method of voting by special voters.

83. Duties of special presiding officer in relation to covering envelopes and other documents.

84. Duties of returning officer in relation to documents relating to special voters.

PART XV

POLLING ON ISLANDS

85. Advance polling on islands.

86. Polling on islands; further provisions.

PART XVI

ARRANGEMENTS FOR THE POLL

87. Notice of the poll.

88. Ballot papers.

89. The official mark.

90. Ballot boxes.

91. Use of local elections ballot boxes etc.

92. Polling information cards.

93. Use of schools and public premises.

94. Polling stations.

95. Presiding officers and poll clerks.

PART XVII

THE POLL

96. Times of poll.

97. Opening of the poll.

98. Admission to polling station.

99. Voting by persons in the employment of returning officers.

100. Authorisation of physically ill or physically disabled elector to vote at another polling station.

101. Procedure for voting.

102. Spoilt ballot papers.

103. Voting by blind, incapacitated and illiterate electors.

104. Alleged personation.

105. Arrest of person committing personation.

106. Maintenance of order in polling station.

107. Obstruction of the poll.

108. Damage to polling stations.

109. Destruction etc. of ballot boxes or ballot papers.

110. Duties of presiding officer at close of poll.

111. Right to vote.

PART XVIII

ARRANGEMENTS FOR THE COUNTING OF THE VOTES

112. Place for the counting of the votes.

113. Attendance at the counting of the votes.

114. Preliminary proceedings.

115. Time for the counting of the votes.

116. Conduct of the counting of the votes.

117. Handling of ballot papers by candidates or agents.

PART XIX

RULES FOR THE COUNTING OF THE VOTES

118. Interpretation (Part XIX).

119. First count.

120. The quota.

121. Transfer of surplus.

122. Exclusion of candidate.

123. Transfer of votes.

124. Filling of last vacancies.

126. Declaration of result of the poll.

127. Notice of result of election.

128. Decision of returning officer.

PART XX

RETENTION, INSPECTION AND DISPOSAL OF DOCUMENTS

129. Retention and disposal of documents.

130. Inspection of ballot papers etc.

131. Inspection of certain other documents.

PART XXI

DÁIL ELECTION PETITIONS

132. Questioning of Dáil elections.

PART XXII

ELECTORAL OFFENCES

133. Offences in relation to registration of electors.

134. Personation.

136. Undue influence.

137. Breach of secrecy.

138. Offences relating to ballot boxes, ballot papers, nomination papers, certificates of political affiliation, official marks etc.

139. Disorderly conduct at election meeting.

140. Omission of name and address of printer and publisher from Dáil election documents.

141. Nominating or withdrawing a candidate without consent.

142. Forged certificate of political affiliation.

143. False declaration on nomination paper.

144. Officer acting as agent of candidate or furthering a candidature.

145. Obstruction of nomination or poll.

146. Interference with or destruction of postal ballot papers.

147. Obstruction of or interference with electors.

148. Personation agent leaving polling station without permission.

149. Prohibition on voting by person registered as elector when not entitled to be so registered.

150. Unlawful marking of ballot papers by persons acting as companions.

151. False statement of withdrawal or death of a candidate.

152. Misleading statement as to process of voting.

153. Handling of ballot papers by candidates or agents.

154. Unauthorised inspection of documents.

155. Corrupt withdrawal of petition.

156. Limitation of time for prosecution of offence.

157. Penalties.

158. Compensation where certain charge is unjustly made or not prosecuted.

159. Damages for breach of duty by officers etc.

160. Certificate of returning officer to be prima facie evidence.

PART XXIII

MISCELLANEOUS

162. Prohibition of disclosure of vote.

163. Publication of notices.

164. Adaptation or modification where there is emergency or special difficulty.

165. Special provisions where two or more elections have same polling day.

166. Amendment of Seanad Electoral (University Members) Act, 1937.

167. Amendment of Presidential Elections Act, 1937.

168. Amendment of Referendum Act, 1942.

169. Amendment of Seanad Electoral (Panel Members) Act, 1947.

170. Amendment of Electoral Act, 1963.

171. Construction of references in European Assembly Elections Acts, 1977 to 1992.

172. Amendment of European Assembly Elections Act, 1977.

173. Amendment of Postal and Telecommunications Services Act, 1983.

174. Amendment of Local Elections Regulations, 1965.

FIRST SCHEDULE

ENACTMENTS REPEALED AND REGULATIONS REVOKED

PART I

ENACTMENTS REPEALED

PART II

REGULATIONS REVOKED

SECOND SCHEDULE

REGISTRATION OF ELECTORS

PART I

THE REGISTER OF ELECTORS

PART II

SUPPLEMENT TO THE REGISTER OF ELECTORS

PART III

SPECIAL VOTERS LIST

PART IV

GENERAL

THIRD SCHEDULE

DÁIL ELECTION PETITIONS

FOURTH SCHEDULE

FORMS

PART I

FORMS OF WRIT

PART II

FORM OF BALLOT PAPER

ACTS REFERRED TO

Petty Sessions (Ireland) Act, 1851	14 & 15 Vict., c. 93
Election Commissioners Act, 1852	15 & 16 Vict., c. 57
Supreme Court of Judicature Act (Ireland) 1877	40 & 41 Vict., c. 57
Parliamentary Elections and Corrupt Practices Act, 1879	42 & 43 Vict., c. 75
Corrupt and Illegal Practices (Prevention) Act, 1883	46 & 47 Vict., c. 51
Electoral Act, 1923	1923, No. 12
Prevention of Electoral Abuses Act, 1923	1923, No. 38
Court Officers Act, 1926	1926, No. 27
Electoral (Amendment) Act, 1933	1933, No. 14
Seanad Electoral (University Members) Act, 1937	1937, No. 30
Seanad Electoral (University Members) Acts, 1937 to 1973
Presidential Elections Act, 1937	1937, No. 32
County Management Acts, 1940 to 1991
Local Government Act, 1941	1941, No. 23
Referendum Act, 1942	1942, No. 8
Seanad Electoral (Panel Members) Act, 1947	1947, No. 42
Seanad Electoral (Panel Members) Acts, 1947 to 1972
Defence Act, 1954	1954, No. 18
Civil Service Regulation Act, 1956	1956, No. 46
Staff of the Houses of the Oireachtas Act, 1959	1959, No. 38
Electoral Act, 1960	1960, No. 43
Electoral Act, 1963	1963, No. 19
Succession Act, 1965	1965, No. 27
Electoral (Amendment) Act, 1966	1966, No. 1
Diplomatic Relations and Immunities Act, 1967	1967, No. 8
Electoral (Amendment) Act, 1972	1972, No. 4
Local Elections Act, 1972	1972, No. 12
European Communities Acts, 1972 to 1986
Electoral (Amendment) Act, 1973	1973, No. 3
Holidays (Employees) Act, 1973	1973, No. 25
European Assembly Elections Act, 1977	1977, No. 30
Medical Practitioners Act, 1978	1978, No. 4
Electoral (Amendment) (No. 2) Act, 1980	1980, No. 40
Prevention of Electoral Abuses Act, 1982	1982, No. 5
Postal and Telecommunications Services Act, 1983	1983, No. 24
European Assembly Elections Act, 1984	1984, No. 6
Electoral (Amendment) Act, 1985	1985, No. 12
Electoral (Amendment) Act, 1986	1986, No. 12
Electoral (Amendment) (No. 2) Act, 1986	1986, No. 35
Bankruptcy Act, 1988	1988, No. 27
Electoral (Amendment) Act, 1989	1989, No. 8

Number 23 of 1992

No. 23/1992: ELECTORAL ACT, 1992

AN ACT TO PROVIDE FOR THE REGISTRATION OF ELECTORS AND THE CONDUCT OF ELECTIONS TO DÁIL ÉIREANN AND TO AMEND AND EXTEND THE PRESIDENTIAL ELECTIONS ACTS, 1937 TO 1986, THE EUROPEAN ASSEMBLY ELECTIONS ACTS, 1977 TO 1986, THE REFERENDUM ACTS, 1942 TO 1992, THE SEANAD ELECTORAL (UNIVERSITY MEMBERS) ACTS, 1937 TO 1973, THE SEANAD ELECTORAL (PANEL MEMBERS) ACTS, 1947 TO 1972, THE LOCAL ELECTIONS ACTS, 1963 TO 1991, AND TO PROVIDE FOR RELATED MATTERS.

[5th November, 1992]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: