Electoral (Amendment) Act 2006
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Voting by electors under this Act. |
7.— (1) The provisions of Part XIII of the Act of 1992 shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors at a Dáil election whose names are entered in the postal voters list pursuant to this Act, subject to the following modifications: | |
(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in the presence of the relevant official of the prison in which he or she is detained do the following things in the following order: | ||
(i) produce to the relevant official the envelope addressed to the elector pursuant to section 68 of that Act, the ballot paper (in relation to which the relevant official shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister; | ||
(ii) complete and sign the declaration of identity; | ||
(iii) hand the declaration of identity to the relevant official who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the prison and destroy the envelope addressed to the elector; | ||
(iv) mark, in secret, the ballot paper; | ||
(v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope; | ||
(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope; | ||
and shall hand the last-mentioned envelope to the relevant official who shall send it or cause it to be sent by post to the returning officer; | ||
(b) a reference to “receipt”, in relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”; | ||
(c) a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed and stamped with the stamp of the prison”; and | ||
(d) a reference to “sign”, in relation to an elector who is unable to write, shall be construed as a reference to the making by the elector of his or her mark. | ||
(2) The modifications of Part XIII of the Act of 1992 provided for in this section shall have effect in relation to the provisions of the said Part XIII as applied to presidential elections by section 40 of the Presidential Elections Act 1993 , and to referendums by section 28 of the Referendum Act 1994 . | ||
(3) In this section— | ||
“ ballot paper envelope ” has the meaning specified in section 68(3) of the Act of 1992; | ||
“ covering envelope ” has the meaning specified in section 68(3) of the Act of 1992. |