Electoral Act, 1997

Registration of electors.

76.—The Act of 1992 is hereby amended by—

(a) the insertion of the following subsection after subsection (1) of section 15:

“(1A) (a) Notwithstanding subsection (1), sections 7 (1)(b), 8(1)(b), 9 and 10, and Rule 1(3) of the Second Schedule and subject to section 11(1) (a) and paragraph (c), a person who:

(i) was not ordinarily resident in a constituency or local electoral area, as the case may be, on the qualifying date for a register of electors and takes up ordinary residence in such constituency or local electoral area, as the case may be, after such qualifying date and is otherwise entitled to be registered as an elector under section 7, 8, 9 or 10, or

(ii) reaches the age of eighteen years after the date of the coming into force of a register of electors,

may apply to the registration authority to have his name entered in the supplement to the register.

(b) An applicant for entry in the supplement referred to in paragraph (a)(i) shall satisfy the registration authority that he has taken up ordinary residence in the constituency or local electoral area, as the case may be, in respect of which the application applies and, in considering an application from such person, the registration authority may require the applicant to furnish a statutory declaration that he has taken up ordinary residence in the constituency or local electoral area concerned.

(c) A person referred to in paragraph (a)(ii) shall be eligible for entry in the supplement to the register on or after the day on which that person reaches eighteen years of age.”;

(b) (i) the substitution for “twelfth” of “fourteenth” in subsection (5) of section 15; and

(ii) the substitution for “twelfth” of “fourteenth” in Rule 18(1) of the Second Schedule in both places where it occurs;

(c) the insertion of the following sections after section 15:

“Supplement to postal voters list.

15A.—(1) An elector referred to in paragraph (a) or (d) of section 14 or in section 63 of the Electoral Act, 1997 who is not entered in the postal voters list or the special voters list may apply to the registration authority to have his name entered in a supplement to the postal voters list which the registration authority is hereby empowered to prepare and publish.

(2) (a) The provisions of Part III (other than Rules 21 and 23 (3)) of the Second Schedule shall apply to an application for entry in the supplement to the postal voters list under this section from an elector referred to in section 14(d) as if—

(i) references in that Part to ‘special voters list’ were references to ‘supplement to the postal voters list’;

(ii) the reference to ‘section 17’ was a reference to this section and references to ‘section 17(2)’ were references to ‘section 14(d)’;

(iii) in Rule 19(d) ‘to the registration authority’ was substituted for ‘so as to be received by the registration authority not later than the date specified in Rule 1’; and

(iv) in Rule 22 ‘at such times and places as are specified in a notice published pursuant to Rule 21,’ was deleted.

(b) The provisions of sections 64 , 65 , 66 (other than subsection (1)) and 67 (other than subsection (3)) of the Electoral Act, 1997 shall apply to an application for entry in the supplement to the postal voters list under this section from an elector referred to in section 63 of the said Act as if:

(i) references to ‘postal voters list’ were references to ‘supplement to the postal voters list’;

(ii) references to ‘ section 63 ’, other than those which occur in section 67 , were references to this section;

(iii) in section 64 (1)(c), ‘to the registration authority’ was substituted for ‘so as to be received by the registration authority not later than the last date for making claims for corrections in the draft register’; and

(iv) in section 66 (2), ‘at such times and places as are specified in a notice pursuant to subsection (1)’ was deleted.

(3) A supplement to the postal voters list published by the registration authority under subsection (1) shall be deemed to form part of the postal voters list.

(4) An application by an elector to have his name entered in the supplement to the postal voters list received by the registration authority after the date of the dissolution of the Dáil at a general election or the date of the order appointing polling day at a Dáil bye-election, or a presidential, European or local election or a referendum shall not have effect in relation to that election or referendum.

(5) As soon as practicable after the date of the dissolution of the Dáil at a general election or the date on which the order appointing polling day at a Dáil bye-election, or at a presidential, European or local election or a referendum is made, the registration authority shall publish a list of the names of electors (if any) whose applications to be entered in the supplement to the postal voters list were received before the said date and allowed by the registration authority.

(6) The list prepared under subsection (5) shall form the supplement to the postal voters list.

(7) The supplement to the postal voters list shall be in such form as may be directed by the Minister.

Supplement to special voters list.

15B.—(1) An elector referred to in section 17(2) who is not entered in the special voters list or the postal voters list may apply to the registration authority to have his name entered in a supplement to the special voters list which the registration authority is hereby empowered to prepare and publish.

(2) The provisions of Part III (other than Rules 21 and 23(3)) of the Second Schedule shall apply to an application for entry in the supplement to the special voters list under this section as if:

(a) references in that Part to ‘special voters list’ were references to ‘supplement to the special voters list’;

(b) the reference to ‘section 17’ was a reference to this section;

(c) in Rule 19(d) ‘to the registration authority’ was substituted for ‘so as to be received by the registration authority not later than the date specified in Rule 1’; and

(d) in Rule 22 ‘at such times and places as are specified in a notice published pursuant to Rule 21,’ was deleted.

(3) A supplement to the special voters list published by the registration authority under subsection (1) shall be deemed to form part of the special voters list.

(4) An application by an elector to have his name entered in the supplement to the special voters list received by the registration authority after the date of the dissolution of the Dáil at a general election or the date of the order appointing polling day at a Dáil bye-election, or a presidential, European or local election or a referendum shall not have effect in relation to that election or referendum.

(5) As soon as practicable after the date of the dissolution of the Dáil at a general election, or the date on which the order appointing polling day at a Dáil bye-election, or at a presidential, European or local election or a referendum is made, the registration authority shall publish a list of the names of persons (if any) whose applications to be entered in the supplement to the special voters list were received before the said date and allowed by the registration authority.

(6) The list prepared under subsection (5) shall form the supplement to the special voters list.

(7) The supplement to the special voters list shall be in such form as may be directed by the Minister.”; and

(d) the insertion of the following subparagraph after subparagraph (b) of paragraph (4) of Rule 14 of the Second Schedule:

“(bb) one copy of the register for each Dáil constituency to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency for use by a personation agent appointed by such member of the Dáil or the Seanad at a referendum.”.