Electoral (Amendment) Act 2006

Alternative voting arrangements under this Act.

15.— (1) Where an elector’s name is entered in the postal voters list pursuant to this Act the elector may give notice in writing to the registration authority—

(a) on or before the second day after the dissolution of the Dáil at a general election, or

(b) on or before the second day after the date of the making of the order appointing polling day at a Dáil bye-election, or a Presidential, European or local election, or a referendum,

requesting that his or her name be deleted from the postal voters list and the registration authority shall comply with that request.

(2) Notwithstanding the provisions of subsection (1), where a request by an elector to have his or her name deleted from the postal voters list is received after the relevant date referred to in paragraph (a) or (b) of that subsection in relation to an election or a referendum but before the relevant date referred to in either paragraph (a) or (b) in relation to another election or referendum, the poll at which is to be held on the same day, the relevant date for the second or subsequent election or referendum shall apply to a request received under either of the said paragraphs in connection with the elections or referendums.

(3) Where—

(a) an elector’s name is entered in the postal voters list pursuant to this Act and the elector is discharged from the prison in which he or she has been detained before polling day at an election or a referendum in circumstances where the elector has not given notice in accordance with subsection (1), and

(b) the envelope in respect of the elector containing a ballot paper and the other documents referred to in section 68 of the Act of 1992, Rule 32 of the Second Schedule to the European Parliament Elections Act 1997 or Article 33 of the Regulations of 1995, as the case may be, is returned before that polling day by the relevant official of the prison as a ballot paper and documents that have not been delivered to a person whose name has been entered in the postal voters list pursuant to this Act,

then the returning officer may re-address the envelope and send it by post to the elector concerned at his or her address.

(4) The relevant official of a prison may re-address an envelope containing a ballot paper and the other documents referred to in section 68 of the Act of 1992, Rule 32 of the Second Schedule to the European Parliament Elections Act 1997 or Article 33 of the Regulations of 1995, as the case may be, and send it by post to another prison where the elector concerned is detained or, as the case may be, to the returning officer if the elector is no longer detained in any prison.

(5) In a case to which subsection (3) applies, the elector concerned shall be deemed to be a postal voter for the purposes of Part VII of the Electoral Act 1997 , and section 68 of that Act, Rule 29A of the Second Schedule to the European Parliament Elections Act 1997 or Article 30A of the Regulations of 1995, as the case may be, shall accordingly apply to voting by the elector.