S.I. No. 340/1992 - The Dáil Election and Referenda Regulations, 1992.

The Minister for the Environment, in exercise of the powers conferred on him by section 91 of the Electoral Act, 1963 (No. 19 of 1963), as amended by section 21 of the European Assembly Elections Act, 1977 (No. 30 of 1977), and section 2 of the Electoral (Amendment) Act, 1989 (No. 8 of 1989) in order to give effect to the said section 91 in relation to the polls to be taken at the Dáil election and the referenda hereby makes the following Regulations:

1 Citation.

1. These Regulations may be cited as the Dáil Election and Referenda Regulations, 1992.

2 Interpretation.

2. (1) In these Regulations—

"the Act of 1923" means the Electoral Act, 1923 (No. 12 of 1923);

"the Act of 1942" means the Referendum Act, 1942 (No. 8 of 1942);

"the Act of 1960" means the Electoral Act, 1960 (No. 43 of 1960);

"the Act of 1963" means the Electoral Act, 1963 ;

"the Act of 1986" means the Electoral (Amendment) Act, 1986 (No. 12 of 1986);

"the No. 2 Act of 1986" means the Electoral (Amendment) (No. 2) Act, 1986 (No. 35 of 1986);

"Dáil election" means the general election for members of the Dáil to be held as a consequence of the proclamation issued on the 5th day of November, 1992 dissolving Dáil Éireann, the poll at which is to be taken on the 25th day of November, 1992;

"the Dáil returning officer" means the person who, pursuant to section 11 of the Act of 1963, as amended by section 1 of the Act of 1986, is the returning officer for the Dáil constituency;

"referenda" means the referenda on the Twelfth, Thirteenth and Fourteenth Amendments of the Constitution to be held on the 25th day of November, 1992 and "referendum" shall be construed as referring to a referendum on any of the said amendments.

(2) References in these Regulations to a returning officer shall be construed as including references to a deputy or acting returning officer.

3 Application of Regulations.

3. (1) Subject to subarticle (2) of this article, these Regulations shall have effect in relation to the Dáil election and the referenda.

(2) Where in the circumstances referred to in section 32 of the Act of 1963, the poll at the Dáil election is not taken or completed on the polling day appointed under section 24 of the said Act, these Regulations shall not apply in relation to the fresh election to be held under the said section 32.

4 Polling Cards.

4. A polling card shall not be sent under section 23 of the Act of 1963 to an elector to whom a polling card is to be sent under section 64 of the said Act.

5 Special Voting.

5. (1) The same person shall be appointed as special presiding officer for the Dáil election and the referenda for the purposes of the No. 2 Act of 1986, and the functions of the said special presiding officer under that Act shall be performed by him at the same time in respect of the Dáil election and each referendum.

(2) Where the ballot papers and related documents referred to in section 10 of the No. 2 Act of 1986 in relation to the Dáil election and to the referenda are delivered to the special voters under section 11 of the said No. 2 Act of 1986:

( a ) a single declaration of identity shall be completed by the special voter;

( b ) the completed ballot papers for each poll shall be put in a single ballot paper envelope by the elector, and

( c ) the special presiding officer shall place the ballot paper envelope and the completed declaration of identity in a single covering envelope which he shall seal and to which he shall affix a label in the prescribed form signed by himself and the member of the Garda Síochána.

6 Postal Voting.

6. (1) Where ballot papers and related documents are to be sent to a postal voter both under section 21 of the Act of 1923 (substituted by section 8 of the Act of 1960) and under section 20 of the Act of 1942, as amended by section 69 of the Act of 1963:

( a ) the ballot papers and documents shall be enclosed in a single covering envelope addressed to the postal voter;

( b ) a single covering envelope addressed to the returning officer shall be provided for the return of the documents by the postal voter, and

( c ) a single form of receipt and a single ballot paper envelope shall be sent to each postal voter.

7 Provisions relating to taking of poll.

7. The following provisions shall have effect in relation to the taking of the polls in a polling station:

( a ) the same person shall be appointed to be the presiding officer at each poll;

( b ) the same copy of the register of electors shall be used for each poll and the register shall be marked to indicate the poll or polls in respect of which a ballot paper is delivered to each elector;

( c ) the following questions shall be substituted for those set out in sections 26 (2) (b) and 70 (2) (b) of the Act of 1963—

"(i) Are you at the same person as the person whose name appears as... on the register of electors now in force for the constituency of. . . . . . . ?

(ii) Have you already voted at this election? (or — at the referenda? - as the case may be)

(iii) Had you reached the age of eighteen years on the 15th day of April, 1992?"

( d ) the following oath (or affirmation) shall be substituted for the oath (or affirmation) set out in section 26 (2) (c) and 70 (2) (c) of the Act of 1963—

"I swear by Almighty God (or — do solemnly, sincerely and truly declare and affirm — as the case may be) that I am the same person as the person whose name appears as . . . on the register of electors now in force for the constituency of . . . . and that I have not already voted at this election (or — at these referenda — as the case may be) and that I had attained the age of eighteen years on 15th April, 1992.".

8 Modification of the Act of 1942.

8. The Act of 1942 shall have effect as if in the First Schedule "shall as soon as practicable" were substituted for "then" in Rule 24 (substituted by section 78 of the Act of 1963).

GIVEN under the Official Seal of the Minister for the Environment this 17th day of November, 1992.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These regulations make certain provisions in relation to the Dáil election and the referenda in order to facilitate the taking of the polls on the same day.