Electoral Act, 1992

Amendment of Local Elections Regulations, 1965.

174.—The Local Elections Regulations, 1965 ( S.I. No. 128 of 1965 ) are hereby amended by—

(a) the insertion of the following article after article 32:

“Use of Dáil ballot boxes etc.

32A. Any ballot boxes, fittings for polling stations and compartments provided for Dáil elections in a Dáil constituency in which a local electoral area is wholly or partly situated may be used for any local election in such local electoral area; and any damage, other than reasonable wear and tear, caused to any such ballot boxes, fittings and compartments by such user at a local election shall be paid as part of the expenses of the election.”;

(b) the substitution of the following paragraph for paragraph (5) of article 35:

“(5) A polling card shall be addressed to the elector at the address in respect of which he is registered in the register of local government electors and shall be delivered at that address not later than the third day before the polling day.”;

(c) the insertion of the following article after article 64:

“Endorsing of ballot paper by returning officer.

64A.—The returning officer may endorse on any ballot paper which he does not reject as invalid an indication of his decision on it without, however, interfering with any mark placed by the elector on the ballot paper.”; and

(d) the insertion of the following article after article 99:

“Obstruction of or interference with electors.

99A.—(1) A person shall not interfere with or obstruct or impede an elector going to or coming from or in the vicinity of or in a polling station.

(2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, including a poll which has been adjourned under Article 50, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 100 metres of such station, for the purpose of promoting the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates or for any contrary purpose, do any or all of the following things:

(a) loiter or congregate with other persons;

(b) attempt to induce, by any means whatsoever, an elector to vote for a candidate or candidates or vote in a particular way or refrain from voting;

(c) display or distribute any notice, sign or poster (other than a notice, sign or poster displayed by the returning officer) or card, circular or other document relating to the election; or

(d) use or cause to be used any loud-speaker or other public address mechanism to broadcast matter relating to the election.

(3) For the purpose of this article a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate and the distance referred to in subarticle (2) shall be measured from any entrance to the polling station or to the curtilage thereof.

(4) A person who contravenes subarticle (1) or (2) shall be guilty of an offence and shall be liable on conviction to the penalties specified in section 157 of the Electoral Act, 1992.”.