Electoral Reform Act 2022
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Amendment of Second Schedule to Act of 1992 | ||
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106. The Act of 1992 is amended in the Second Schedule— | ||
(a) in Part I— | ||
(i) by the substitution of the following Rule for Rule 1: | ||
“Register, published register and closing date for registration | ||
1. (1) The register shall be the register of electors including the postal voters list and the special voters list as maintained and updated by a registration authority in accordance with this Schedule and, notwithstanding the omission of their names and addresses from the register under section 15E(3)(b), shall include anonymous electors by such reference as the registration authority considers appropriate. | ||
(2) The register shall be deemed closed from the fourteenth day before polling day (disregarding any excluded day) at an election or referendum, and an application by a person under Part II of this Act, including an application to have his or her name entered in the register, received by the registration authority on or after that fourteenth day (disregarding any excluded day) before polling day shall have no effect in relation to that election or referendum. | ||
(3) The register in force at an election or referendum shall be the register published after the fourteenth day before polling day (disregarding any excluded day) at that election or a referendum and shall include the names of persons (if any) whose applications to be entered in the register were received before that fourteenth day before polling day (disregarding any excluded day) and allowed by the registration authority, or on appeal by the county registrar and, notwithstanding the omission of their names and addresses from the register under section 15E(3)(b), anonymous electors by such reference as the registration authority considers appropriate. | ||
(4) Where the date on, or by reference to, which any act or thing is required by this Schedule to be performed or done falls on an excluded day that act or thing shall be done on or by reference to the next following day which is not an excluded day.”, | ||
(ii) in Rule 2— | ||
(I) in paragraph (1), by the deletion of “the qualifying date for”, and | ||
(II) by the substitution of the following paragraph for paragraph (2): | ||
“(2) The names in the register for a registration area shall be arranged under polling districts and— | ||
(a) if the registration area is a city council, shall be arranged in street order unless the registration authority considers that, having regard to the general character of any part of the area, arrangement in street order for that part is inappropriate, | ||
(b) if the registration area is a county council, shall be arranged alphabetically in townland order unless the registration authority considers that, having regard to the general character of any part of the area, arrangement in street order or in any other order is possible and convenient, and | ||
(c) if the registration area is a city and county council, shall be arranged in street or townland order, having regard to the general character of any part of the area, as considered appropriate by the registration authority.”, | ||
(iii) by the deletion of Rule 4, | ||
(iv) by the substitution of the following Rule for Rule 5: | ||
“Maintaining and updating register | ||
5. (1) In order to maintain and update the register, in accordance with section 20, each registration authority shall make sufficient inquiries in their registration area in accordance with this Rule. | ||
(2) For the purposes of paragraph (1), each registration authority may do any one or more of the following: | ||
(a) conduct house to house inquiries; | ||
(b) by means of public notice or public meeting, invite persons to check, submit or update their details, as the case may be; | ||
(c) undertake any other activity the authority considers appropriate to gather such information or invite individuals to participate in the gathering of such information. | ||
(3) A registration authority may, for the purposes of its duties in relation to the maintenance and updating of the register require a person— | ||
(a) to provide any information in his or her possession which the registration authority may require, | ||
(b) without prejudice to the generality of subparagraph (a), to provide in respect of his or her own registration— | ||
(i) a personal public service number, if a person has one, | ||
(ii) address and Eircode, in respect of his or her address, and | ||
(iii) his or her date of birth, | ||
(c) to produce his or her certificate of birth, or, if that is not practicable, make a statutory declaration as to his or her age, | ||
(d) to produce proof of his or her address, or if that is not practicable, make a statutory declaration that he or she is ordinarily resident at the address he or she has provided, | ||
(e) to provide documentary evidence or make a statutory declaration that he or she is a person entitled to be registered as a Dáil elector under section 8, | ||
(f) to produce a certificate of naturalisation, a valid passport issued by the Minister for Foreign Affairs or make a statutory declaration that he or she is a citizen of Ireland, or | ||
(g) to produce a valid passport or national identity card issued by the authorities of a Member State (other than the State) or make a statutory declaration that he or she is a national of such a Member State, | ||
and where a statutory declaration is so required, any fees payable in connection with such a declaration shall be paid by the authority requiring it. | ||
(4) Subject to section 15E, the registration authority shall, during office hours, allow any person, for any purpose connected with the registration of electors, to inspect and take a copy of any declaration furnished under subparagraphs (c) to (g) of paragraph (3) but not the documentary evidence on which the declaration is based. | ||
(5) The registration authority may require an tArd-Chláraitheoir to furnish information in connection with deaths of persons in the registration area of the registration authority and the authority may use such information to update the register. | ||
(6) In this Rule— | ||
‘certificate of birth’ means: | ||
(a) a document issued under section 13 (4) of the Civil Registration Act 2004 in respect of an entry in the register of births; | ||
(b) a certified copy of an entry in the Adopted Children Register maintained under section 22 of the Adoption Act 1952 which is issued under subsection (11) of that section; | ||
(c) a document purporting to be a copy of an entry in a foreign births entry book or in the foreign births register, both of which are kept under section 27 of the Irish Nationality and Citizenship Act 1956 , and which is duly authenticated as such; | ||
(d) a document purporting to be a copy of an entry in the Register of Foreign Adoptions issued under section 6 (7) of the Adoption Act 1991; or | ||
(e) a document issued in accordance with a civil system of registration of births in the place where the birth occurs; | ||
‘Member State’ means a Member State of the European Union.”, | ||
(v) by the deletion of Rule 6, | ||
(vi) by the substitution of the following Rule for Rule 7: | ||
“Third party claims in relation to the register | ||
7. (1) Any person may claim to have a correction made in the register, including in particular a claim to have the name of a person entered on or removed from the register. | ||
(2) A claim submitted under this Rule on or after the closing date in respect of an election or referendum shall have no effect in respect of the register in force for that election or referendum. | ||
(3) The registration authority shall, on the application of any person, supply forms on which third party claims may be made. | ||
(4) A claim shall include the name, address and contact details of the claimant, details of information relevant to the claim and the grounds on which the claim has been made and such other information in relation to the claim as the registration authority may reasonably require to be provided by the claimant. | ||
(5) The registration authority shall prepare and make available for inspection a list of claims received in the previous month in such form as may be directed by the Minister. | ||
(6) Subject to section 15E, the registration authority shall, during office hours, allow any person, for any purpose connected with the registration of electors, or who, in the opinion of the authority, may be affected by the claim, to inspect and take a copy of a claim or extracts from a claim or may provide to such a person copies of a claim. | ||
(7) The registration authority shall, on receipt of a claim— | ||
(a) make such inquiries as it considers necessary and appropriate for the purpose of considering the claim, and paragraphs (2), (3) and (5) of Rule 5 shall apply in relation to the consideration of such claims, and | ||
(b) notify the claimant and any other person who, in the opinion of the authority, may be affected by or interested in, the claim, of the process to be followed. | ||
(8) The registration authority shall, as soon as practicable, consider any claim and determine what action, if any, it should take in respect of the claim and decide— | ||
(a) subject to paragraphs (3) and (4) of Rule 10, to amend the register by proposing to remove the name of a person from the register, | ||
(b) to amend the register to correct information other than by proposing to remove the name of a person from the register, or | ||
(c) not to amend the register. | ||
(9) The registration authority shall make its decision within 4 weeks from the date of receipt of the claim and shall, as soon as practicable, inform the claimant and any person who, in the opinion of the registration authority, may be affected by its decision and of the action it proposes to take as a consequence of its decision and of the right of the person affected to appeal the decision to the county registrar in accordance with Rule 39. | ||
(10) Where a claim relates to any person whose name the claimant considers should be entered in the register, the registration authority shall, where it considers it appropriate, provide information and the appropriate forms to any person referred to in the claim which the person may use to apply to be included on the register in accordance with section 15D. | ||
(11) A person affected by the decision of a registration authority under— | ||
(a) paragraph (8)(a), or | ||
(b) paragraph (8)(b) other than where the decision concerns the correction of an inaccuracy which does not involve a change of substance or the deletion of the name of a person who is deceased, | ||
may appeal the decision to the county registrar in accordance with Rule 39. | ||
(12) A decision of the registration authority under subparagraphs (a) or (b) of paragraph (8) shall take effect on the expiration of the period of time for the making of an appeal under Rule 39 or, where applicable, section 21.”, | ||
(vii) by the deletion of Rule 8, | ||
(viii) in Rule 9— | ||
(I) by the substitution of the following paragraph for paragraph (2): | ||
“(2) The county registrar, if it appears to him or her that the register should be corrected in any respect, may himself or herself make a claim for a correction.”, | ||
and | ||
(II) by the insertion of the following paragraph after paragraph (3): | ||
“(4) Where a county registrar (the ‘first county registrar’) has made a claim for a correction under this Rule, any appeal of such a claim shall be considered and determined by a county registrar in an adjacent registration area (the ‘second county registrar’) and the first county registrar shall make such arrangements with a second county registrar as may be necessary to transfer such appeals to the county registrar to enable him or her to consider and determine that appeal.”, | ||
(ix) by the substitution of the following Rule for Rule 10: | ||
“Correction of register by registration authority | ||
10. (1) The registration authority shall take steps to ascertain if any corrections in the register are necessary because of errors of a clerical or typographical nature or because of misnomers or inaccurate descriptions and, if any such corrections are considered to be necessary, the registration authority shall correct the register accordingly and make available for inspection a list of corrections made in the previous month. | ||
(2) The registration authority shall make any corrections by way of the removal of duplicate entries (subject to any expression of choice in accordance with section 11(1)(b) by any person affected by those entries), the deletion of the names of persons who are deceased, or the placing of marks or the correction of marks placed against the name of an elector, or otherwise as may be necessary in order to ensure that— | ||
(a) a person is not registered as an elector more than once, and | ||
(b) the register is complete and accurate. | ||
(3) Where a registration authority considers it necessary under paragraph (2), in order to ensure a complete and accurate register, to remove a name, other than that of a deceased person, from the register, it shall make not less than 3 documented attempts at contacting the person concerned giving appropriate notice and clear information on how to update the register under section 15D(2) should the person wish to do so. | ||
(4) On the third documented attempt at contacting a person whose name the registration authority considers should be removed from the register under paragraph (3), the authority shall provide a notice to the person informing him or her of the date on which the decision to remove his or her name from the register shall take effect and that the person may appeal the decision to the county registrar in accordance with Rule 39. | ||
(5) A registration authority may at any time up to the end of the period within which an appeal may be made withdraw a decision to delete the name of a person from the register.”, | ||
(x) by the substitution of the following Rule for Rule 11: | ||
“Notice and appeal in relation to correction by registration authority | ||
11. (1) Subject to paragraphs (2), (3) and (4) of Rule 10, where the registration authority decides to make any corrections in the register under section 20 and Rule 10(2) (other than to correct an inaccuracy which does not involve a change of substance or the deletion of the name of a person who is deceased), it shall give notice to any person who, in the opinion of the registration authority may be affected by the correction under Rule 10(2) of his or her right to appeal the decision to the county registrar in accordance with Rule 39. | ||
(2) A person affected by the decision of the registration authority under Rule 10(2) may appeal the decision to the county registrar in accordance with Rule 39. | ||
(3) A decision of the registration authority under Rule 10(2) shall take effect on the expiration of the period of time for the making of an appeal under Rule 39 or, where applicable, section 21.”, | ||
(xi) by the deletion of Rule 12, | ||
(xii) by the substitution of the following Rule for Rule 13: | ||
“13. (1) Each registration authority shall, as soon as practicable after the closing date, publish— | ||
(a) the register, | ||
(b) a list of names of electors added to the register since the making of an order— | ||
(i) under section 96(1) in the case of a Dáil election, | ||
(ii) under section 6 of the Presidential Elections Act 1993 in the case of a Presidential election, | ||
(iii) under section 10 (1) of the European Parliament Elections Act 1997 in the case of a European Parliament election, | ||
(iv) under section 10 or 12 of the Referendum Act 1994 in the case of a referendum, or | ||
(v) under section 26 (2) of the Local Government Act 2001 in the case of a local election. | ||
(2) Without prejudice to Rule 25, as soon as may be after the publication of the register in accordance with paragraph (1), the registration authority shall send a copy of the register in electronic format to— | ||
(a) the Minister, if requested, and to the county registrar and each head postmaster in its registration area, | ||
(b) each member of the European Parliament for a European Parliament constituency to which the register relates, | ||
(c) each member of the Dáil for a Dáil constituency to which the register relates and to each member of the Seanad residing in the constituency, and | ||
(d) each member of a local authority for a local electoral area to which the register relates.”, | ||
(xiii) by the substitution of the following Rule for Rule 14: | ||
“14. (1) The registration authority shall make arrangements whereby any person may, during office hours, inspect for purposes connected with the registration of electors a copy of the register maintained under section 13. | ||
(2) The registration authority shall provide to any person at his or her request a copy of the register or the appropriate part thereof on the payment of a fee which shall not exceed the reasonable cost of providing such copy. | ||
(3) Where a registration authority provides to any person a copy of the register, or part thereof, the registration authority shall draw the attention of the person to sections 13D and 133 in relation to the purposes for which the register may be used. | ||
(4) No fee shall be charged by the registration authority for providing on request— | ||
(a) one copy of the register for each Dáil constituency or part of a Dáil constituency or for a local electoral area, as the case may be, in his or her registration area, to— | ||
(i) the local agent of each duly nominated candidate at a presidential election, | ||
(ii) each candidate duly nominated for the constituency at a Dáil election, and | ||
(iii) each candidate duly nominated for the local electoral area at a local election, | ||
(b) one copy of the register for each European Parliament constituency or part thereof contained in the registration area to each candidate duly nominated at a European election for such constituency, | ||
(c) 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 or a body declared by An Coimisiún Toghcháin to be an approved body under section 33 of the Electoral Reform Act 2022 at a referendum, | ||
(d) such number of copies of the register for each Dáil constituency or part of a Dáil constituency or for a local electoral area, as the case may be, as the returning officer at a Dáil election or a local election or the local returning officer at a presidential election or a referendum requires for the purpose of his or her duties as returning officer or local returning officer, as the case may be, at that election or referendum, | ||
(e) such number of copies of the register for the registration area or any part thereof as the returning officer or local returning officer at a European election requires for the purpose of his or her duties at that election, and | ||
(f) one copy of the register to the persons referred to in Rule 13(2) for— | ||
(i) each Dáil constituency or part of a Dáil constituency contained in the registration area, | ||
(ii) a European Parliament constituency or part of a European Parliament constituency contained in the registration area, or | ||
(iii) for a local electoral area in the registration area. | ||
(5) The registration authority shall provide, on request and free of charge, a copy, in standard computer medium and format, of any computer data files used in the production of the register to the returning officer at a Dáil election or a local election, the local returning officer at a presidential election or a referendum or the returning officer or local returning officer at a European election as he or she may require for the purposes of his or her duties at that election or referendum, as the case may be. | ||
(6) The registration authority shall supply, free of charge, to the county registrar such number of copies of the register for the registration area as he or she shall require for the purposes of his or her duties as county registrar with respect to that registration area.”, | ||
(b) by the deletion of Part IA, | ||
(c) in Part II, in Rule 14A, in paragraph (2)— | ||
(i) by the substitution of “due to an illness or disability” for “due to a physical illness or physical disability”, | ||
(ii) by the substitution of “registered medical practitioner” for “medical practitioner”, and | ||
(iii) in subparagraph (a), by the substitution of “illness or disability” for “physical illness or physical disability”, | ||
(d) by the deletion of Part II, | ||
(e) in Part III— | ||
(i) in Rule 19— | ||
(I) in paragraph (c)— | ||
(A) by the substitution of “registered medical practitioner” for “medical practitioner”, | ||
(B) by the substitution of the following subparagraphs for subparagraphs (i) and (ii): | ||
“(i) that the applicant has an illness or disability, and | ||
(ii) that the nature of the illness or disability is such that the applicant is unable to go to a polling station to vote, and”, | ||
and | ||
(C) by the insertion of the following subparagraph after subparagraph (ii): | ||
“(iii) the likely duration of the illness or disability from the date of certification.”, | ||
and | ||
(II) by the deletion of paragraph (d), | ||
(ii) in Rule 21— | ||
(I) by the substitution of “shall arrange annually for the giving of public notice of” for “shall, within the period specified for the purpose in Rule 1, arrange for the giving of public notice of”, | ||
(II) by the substitution of the following paragraph for paragraph (a): | ||
“(a) the categories of electors entitled to be entered in the special voters list or the postal voters list;”, | ||
and | ||
(III) by the substitution of the following paragraph for paragraph (b): | ||
“(b) the manner in which applications must be submitted;”, | ||
(iii) in Rule 23— | ||
(I) in paragraph (1)(ii), by the insertion of “including the duration of any special voting arrangement, where appropriate, having regard to Rule 19(c)(iii)” after “the decision”, | ||
(II) by the substitution of the following paragraph for paragraph (2)(ii): | ||
“(ii) notify the applicant of the decision and the reasons for the decision and of his or her right to appeal the decision to the county registrar in accordance with Rule 39.”, | ||
(III) by the deletion of paragraph (3), and | ||
(IV) by the insertion of the following paragraph after paragraph (3): | ||
“(4) Where an application under section 17 is refused by the registration authority, the applicant may appeal the decision to the county registrar in accordance with Rule 39.”, | ||
(f) in Part IV— | ||
(i) by the substitution of the following Rule for Rule 26: | ||
“26. Any claim, objection, notice or other document or a copy thereof which is required under this Schedule to be sent to any person shall be sufficiently sent if sent— | ||
(a) by such means as indicated by the person for the purpose (including by electronic means if the person has provided details by which he or she may be contacted by electronic means), or | ||
(b) by post to the address of that person as appearing on the register, or if there is no such address, to his or her last known address or place of abode or such address as indicated by that person under section 11(7)(b)(ii).”, | ||
(ii) by the substitution of the following Rule for Rule 27: | ||
“27. An inquiry or request made pursuant to this Schedule by a registration authority or by a county registrar may extend to matters outside the registration area.”, | ||
and | ||
(iii) by the insertion of the following Rule after Rule 27: | ||
“Communication or submission of documents by digital or electronic means | ||
28. In relation to the registration of electors, where it is reasonable and practicable to give public notice of certain matters or where a registration authority has arrangements in place by which forms, information or documents may be submitted by digital or electronic means, which in all other respects meets the requirements of this Schedule, the giving of such notice or the submission of such forms, information or documents may be done by electronic or digital means.”, | ||
(g) by the insertion of the following Part after Part IV: | ||
“PART V | ||
Application for entry in the register of electors | ||
New application for entry in the register | ||
29. (1) An application to be entered on the register of electors under section 15D shall be in a form directed by the Minister and shall include, having regard to Rule 5(3), such information as is necessary to enable the registration authority to carry out its functions. | ||
(2) The application form shall be completed in accordance with the instructions provided on the form and shall be made by the applicant directly to the registration authority for the registration area in which he or she is ordinarily resident and shall include a declaration made by the applicant confirming that the details provided by the applicant are true to the best of his or her knowledge and belief. | ||
(3) Where the registration authority has arrangements in place by which it can verify the identity of an applicant by electronic means, the registration authority shall consider the application in accordance with paragraph (7). | ||
(4) Where the registration authority has arrangements in place by which the identifying particulars of an applicant can be confirmed in accordance with section 13E(2)— | ||
(a) if the identifying particulars can be successfully confirmed, the registration authority shall consider the application in accordance with paragraph (7), or | ||
(b) if the identifying particulars cannot be successfully confirmed, the registration authority shall inform the person and require him or her to complete the procedure in paragraph (5) and resubmit his or her application to the registration authority. | ||
(5) A registration authority shall consider, in accordance with paragraph (7), an application form which is signed by the applicant in the presence of— | ||
(a) a member of the Garda Síochána, or a member of the civilian staff of the Garda Síochána, from the applicant’s local Garda station, or | ||
(b) an official of the registration authority, | ||
who, on being satisfied of the applicant’s identity, including if necessary by the production of photographic identification and any other identity documents that may be requested, shall sign, date and stamp the application form. | ||
(6) Where, due to an illness or disability, the applicant is unable to comply with paragraph (5), the application shall be accompanied by a certificate in the form directed by the Minister from a registered medical practitioner certifying that the applicant is unable to so comply due to his or her illness or disability. | ||
(7) The registration authority shall make such inquiries as it considers appropriate for the purpose of considering and deciding on such an application and paragraphs (2), (3) and (5) of Rule 5 shall apply in relation to the consideration of and decision on the application. | ||
(8) The registration authority shall, as soon as practicable, consider and decide on the application and shall notify the applicant of the decision, and where the application is refused, of his or her right to appeal the decision to the county registrar in accordance with Rule 39. | ||
(9) In paragraph (5), ‘member of the civilian staff of the Garda Síochána’ means a person appointed under section 19 (1) of the Garda Síochána Act 2005 or designated under section 19(5) of that Act and, on being so designated, transferred to and having become a member of the civilian staff of the Garda Síochána. | ||
Change of name or address of registered electors | ||
30. (1) Notwithstanding sections 7(1)(b), 8(1)(b), 9 and 10 and subject to section 11(1)(a), a person who is registered as an elector shall apply in a form directed by the Minister— | ||
(a) where he or she has taken up ordinary residence in another constituency or local electoral area, to the registration authority in the constituency in which he or she has taken up ordinary residence to have his or her name entered in the register in respect of that registration area, or | ||
(b) where his or her name or address have changed (other than a change to which subparagraph (a) applies) since his or her previous entry on the register, to the registration authority to have his or her details updated. | ||
(2) The application form shall be completed in accordance with the instructions provided on the form and shall include a declaration made by the applicant confirming that the details provided by the applicant are true to the best of his or her knowledge and belief. | ||
(3) The application form shall contain— | ||
(a) the information required pursuant to Rule 29(1), | ||
(b) the former address or addresses and Eircodes in respect of the applicant’s former address or addresses as may be required, and | ||
(c) such other information as is necessary to enable the registration authority to carry out its functions, and paragraphs (3), (4) or (5) of Rule 29 shall apply with respect to the application, as the case may require. | ||
(4) An applicant referred to in paragraph (1)(a) shall satisfy the registration authority that he or she has taken up ordinary residence in the constituency or local electoral area with respect to which the application relates and, in considering the application, the registration authority may require the applicant to furnish proof of address, or where that is not possible, a statutory declaration that he or she has taken up ordinary residence in the constituency or local electoral area concerned. | ||
(5) A registration authority shall, on receipt of an application referred to in paragraph (1), having carried out its functions under paragraph (3) and being satisfied as to the information provided, do one or more of the following, as the case may require: | ||
(a) enter the applicant’s name on the register for the registration area concerned; | ||
(b) update details of the applicant’s address at which he or she has taken up ordinary residence in the registration area of the registration authority concerned; | ||
(c) where the name of the applicant has changed, update the applicant’s name on the register in the registration area of the registration authority concerned; | ||
(d) where the address at which the applicant was ordinarily resident was in the registration area of another registration authority, provide the applicant’s details (including his or her name and former address in the registration area in which the applicant was ordinarily resident and current address at which he or she has taken up residence) to that registration authority and inform it that the applicant has been added to the register in the registration area in which the applicant has taken up ordinary residence. | ||
(6) Where a registration authority receives notification from another registration authority under paragraph (5)(d) that a person was ordinarily resident in the registration area of the first-mentioned registration authority but the person has taken up ordinary residence in the registration area of the other registration authority, the first-mentioned registration authority shall remove the name of the person from the register of electors in respect of its registration area. | ||
(7) The registration authority shall, as soon as practicable, consider and decide on the application and shall notify the applicant of the decision, and where the application is refused, of his or her right to appeal the decision to the county registrar in accordance with Rule 39. | ||
Change of details regarding citizenship | ||
31. (1) Notwithstanding sections 7(1)(a), 8(1)(a) and 9 and subject to section 11(1)(a)— | ||
(a) a person who is registered as an elector in a constituency or local electoral area as a local or European elector, or as a Dáil elector under section 8(2), and who becomes a citizen of Ireland shall, in a form directed by the Minister, apply directly to the registration authority for the registration area in which he or she is ordinarily resident to have his or her name entered in the register of presidential electors, and | ||
(b) a person who is registered as an elector and who becomes a citizen of a state other than Ireland shall, in a form directed by the Minister, apply directly to the registration authority for the registration area in which he or she is ordinarily resident to have the relevant information held by the registration authority in respect of him or her updated. | ||
(2) The application form shall contain such information as required pursuant to Rule 29(1), details of the applicant’s previous nationality and other information as is necessary to enable the registration authority to carry out its functions in accordance with paragraphs (3), (4) or (5) of Rule 29, as the case may require. | ||
(3) The application form shall be completed in accordance with the instructions provided on the form and shall include a declaration made by the applicant confirming that the details provided by the applicant are true to the best of his or her knowledge and belief. | ||
(4) (a) An applicant referred to in paragraph (1)(a) shall satisfy the registration authority that he or she is an Irish citizen by providing to the registration authority such information and documents as the authority may require, which may include a certificate of naturalisation or a valid passport issued by the Minister for Foreign Affairs or make a statutory declaration that he or she is a citizen of Ireland, to enable the registration authority to satisfy itself that the person is a citizen of Ireland. | ||
(b) An applicant referred to in paragraph (1)(b) shall satisfy the registration authority that the information provided to the authority is correct and shall provide to the authority such further information and documents as the authority may require, having regard to Rule 5(3). | ||
(5) The registration authority, on receipt of an application under paragraph (1)(a) and on being satisfied under paragraph (4)(a) that the applicant is a citizen of Ireland, shall remove the name of the person from the register of local, European or Dáil electors, as appropriate, and include his or her name in the register of electors as a presidential elector. | ||
(6) The registration authority, on receipt of an application under paragraph (1)(b) and on being satisfied, under paragraph (4)(b) that the information provided to the authority is correct, shall update the relevant information held by the registration authority in respect of him or her. | ||
(7) The registration authority shall, as soon as practicable, consider and decide on the application and shall notify the applicant of the decision, and where the application is refused, of his or her right to appeal the decision to the county registrar in accordance with Rule 39.”, | ||
(h) by the insertion of the following Part after Part V: | ||
“PART VI | ||
Postal voters list | ||
Postal voters list | ||
32. The registration authority shall prepare and maintain a separate list in such form as may be directed by the Minister for the whole registration area or, where the area includes all or part of more than one constituency, for each constituency or part of a constituency in the registration area, of persons entitled to vote as postal voters but, in doing so, shall not remove the names of those voters from the register. | ||
Application for entry in the postal voters list | ||
33. (1) A person who is not entered in the postal voters list may apply, under section 14, to be entered in the postal voters list in accordance with this Rule. | ||
(2) An applicant shall apply to the registration authority for the registration area in which he or she is ordinarily resident to have his or her name entered in the postal voters list in a form directed by the Minister. | ||
(3) The application form shall be completed in accordance with the instructions provided on the form. | ||
(4) The registration authority shall consider an application under paragraph (1) and shall satisfy itself that an applicant— | ||
(a) is a person to whom section 14 applies, | ||
(b) has duly completed his or her application form, and | ||
(c) where appropriate, has submitted any certificate required under this Part. | ||
(5) Where the registration authority is satisfied as to the matters referred to in paragraph (4), it shall grant the application and mark the application form accordingly and shall notify the applicant of its decision including the duration of any postal voting arrangement and having regard to Rule 35, where appropriate. | ||
(6) Where the registration authority is not satisfied as to all or any of the matters referred to in paragraph (4), it shall refuse the application and mark the application form accordingly and shall notify the applicant of its decision and the reasons for the decision and inform the applicant that he or she may appeal the decision to the county registrar in accordance with Rule 39. | ||
(7) Where an application under section 14 and this Rule is refused by the registration authority under paragraph (6), the applicant may appeal the decision to the county registrar in accordance with Rule 39. | ||
Supplemental provisions for applications to be entered in the postal voters list pursuant to section 14(a), (b) or (c) | ||
34. (1) An applicant who applies to be entered on the postal voters list under section 14(a), (b) or (c) shall provide, on request in writing, to the registration authority any information or documents in his or her possession or procurement which the registration authority may require from him or her to enable the authority— | ||
(a) to satisfy itself that the applicant is a person to whom section 14(a), (b) or (c) applies, as the case may be, or | ||
(b) with respect to that application to carry out its functions in relation to the preparation of the postal voters list. | ||
(2) Whenever a registration authority requires, under paragraph (1), information or documents from an applicant, the applicant shall provide the authority with the information or documents within the time specified in the request (being not less than 7 days from the day on which the request is made) or such further period as may be extended by the authority and, if the applicant does not provide the information or documents, or both as the case may be, required by the authority within the time so specified, his or her application to be entered in the postal voters list shall be deemed to have been withdrawn. | ||
(3) A reference in this Rule to ‘section 14(a), (b) or (c) ’ shall on and from the coming into operation of section 90 (2) of the Electoral Reform Act 2022 be construed as ‘section 14(1)(a), (b) or (c) ’. | ||
Supplemental provisions for applications to be entered in the postal voters list under section 14(d) | ||
35. (1) Subject to paragraph (2), an applicant who applies to be entered on the postal voters list under section 14(d) shall provide, on request in writing, to the registration authority any information or documents in his or her possession or procurement which the registration authority may require from him or her to enable the authority— | ||
(a) to satisfy itself that the applicant is a person to whom section 14(d) applies, or | ||
(b) with respect to that application to carry out its functions in relation to the preparation of the postal voters list. | ||
(2) Without prejudice to the generality of paragraph (1), an applicant shall, in the case of the first such application by the applicant, and in the case of subsequent applications whenever required by the registration authority, provide to the authority in support of his or her application a certificate, in a form directed by the Minister, from a registered medical practitioner certifying— | ||
(a) that the applicant has an illness or disability, | ||
(b) that the nature of the illness or disability is such that the applicant is unable to go in person to vote at the polling place for his or her polling district, and | ||
(c) the likely duration of the illness or disability from the date of certification. | ||
(3) Whenever a registration authority requires, under paragraph (1), information or documents from an applicant, the applicant shall provide the authority with the information or documents within the time specified in the request (being not less than 7 days from the day on which the request is made) or such further period as may be extended by the authority and, if the applicant does not provide the information or documents, or both as the case may be, required by the authority within the time so specified, his or her application to be entered in the postal voters list shall be deemed to have been withdrawn. | ||
(4) Where, on the date of the application under section 14(d) in accordance with paragraph (1), the applicant is entered in the special voters list, the application shall be deemed not to be a first application for entry in the postal voters list for the purposes of paragraph (1). | ||
(5) A reference in this Rule to ‘section 14(d)’ shall on and after the coming into operation of section 90 (2) of the Electoral Reform Act 2022 be construed as ‘section 14(1)(d)’.”, | ||
(i) by the insertion of the following Part after Part VI: | ||
“PART VII | ||
Anonymous electors, applications under section 11(7) and pre-registration of persons aged 16 years but less than 18 years | ||
Anonymous electors | ||
36. (1) An application to be entered on the register of electors under section 15E shall be in a form directed by the Minister and shall be made by the applicant directly to the registration authority for the registration area where he or she is ordinarily resident. | ||
(2) An application to be entered on the register as an anonymous elector shall— | ||
(a) be in writing on the appropriate form, | ||
(b) state the applicant's full name, | ||
(c) state the address at which the applicant is ordinarily resident, | ||
(d) state the reason for the application, | ||
(e) state the date of the application, and | ||
(f) be signed by the applicant. | ||
(3) The application shall be supported by the evidence specified in section 15E(2), which shall be submitted with the application. | ||
(4) Where the supporting evidence referred to in paragraph (3) relates not to the applicant but to another person who is a member of the applicant’s household, the application must be accompanied by evidence that that person is a member of the applicant’s household. | ||
(5) The application form shall be completed in accordance with the instructions provided on the form and shall include a declaration made by the applicant confirming that the particulars provided by the applicant in accordance with paragraph (2), the supporting evidence submitted with the application referred to in paragraph (3), and if applicable, evidence that the person referred to in paragraph (4) is a member of the applicant’s household, are true to the best of the applicant’s knowledge and belief. | ||
(6) A declaration by a qualified person under section 15E(2)(d) shall— | ||
(a) be in writing in a form directed by the Minister, | ||
(b) state the full name of the qualified person, | ||
(c) state the position held by the qualified person, | ||
(d) state the work address of the qualified person, | ||
(e) be signed by the qualified person, and if— | ||
(i) the person is a member of the Garda Síochána, state his or her rank and number, or | ||
(ii) the person is a registered medical practitioner, state his or her Medical Council number, | ||
and | ||
(f) state the date on which the declaration was signed. | ||
Applications from electors in accordance with section 11(7) | ||
37. (1) An application to be entered on the register of electors in accordance with section 11(7) shall be in a form directed by the Minister and shall be made by the applicant directly to the registration authority for the registration area in which the applicant is ordinarily resident as provided for under that provision. | ||
(2) The application form shall be completed by the applicant in accordance with the instructions provided on the form and, where necessary and appropriate and insofar as reasonable and practicable, the registration authority shall assist the applicant to complete the form and make the application under paragraph (1). | ||
(3) The registration authority shall consider an application under paragraph (1) and shall satisfy itself that an applicant— | ||
(a) is a person to whom section 11(7) applies, and | ||
(b) has duly completed his or her application form. | ||
(4) Where the registration authority is satisfied as to the matters referred to in paragraph (3), it shall grant the application and mark the application form accordingly and shall notify the applicant of its decision to enter him or her on the register of electors in accordance with section 11(7). | ||
(5) Where the registration authority is not satisfied as to all or any of the matters referred to in paragraph (3), it shall refuse the application and mark the application form accordingly and shall notify the applicant of its decision and the reasons for the decision and inform the applicant that he or she may appeal the decision to the county registrar in accordance with Rule 39. | ||
(6) Where an application made in accordance with this Rule is refused by a registration authority, the applicant may appeal the decision to the county registrar in accordance with Rule 39. | ||
Pending elector list | ||
38. (1) An application to be entered on the pending electors list under section 17A shall be in a form directed by the Minister and shall include, having regard to Rule 5(3), such information as is necessary to enable the registration authority to carry out its functions. | ||
(2) The application form shall be completed in accordance with the instructions provided on the form and shall be made by the applicant directly to the registration authority for the registration area in which he or she is ordinarily resident and shall include a declaration made by the applicant confirming that the details provided by the applicant are true to the best of his or her knowledge and belief. | ||
(3) Where the registration authority has arrangements in place by which it can verify the identity of an applicant by electronic means, the registration authority shall consider the application in accordance with paragraph (7). | ||
(4) Where the registration authority has arrangements in place by which the identifying particulars of an applicant can be confirmed in accordance with section 13E(2)— | ||
(a) if the identifying particulars can be successfully confirmed, the registration authority shall consider the application in accordance with paragraph (7), or | ||
(b) if the identifying particulars cannot be successfully confirmed, the registration authority shall contact the person and require him or her to complete the procedure in paragraph (5) and resubmit his or her application to the registration authority. | ||
(5) A registration authority shall consider in accordance with paragraph (7) an application form which is signed by the applicant in the presence of— | ||
(a) a member of the Garda Síochána, or a member of the civilian staff of the Garda Síochána, from the applicant’s local Garda station, or | ||
(b) an official of the registration authority, | ||
who, on being satisfied of the applicant’s identity, including if necessary by the production of photographic identification and any other identity documents that may be requested, shall sign, date and stamp the application form. | ||
(6) Where, due to an illness or disability, the applicant is unable to comply with paragraph (5), the application shall be accompanied by a certificate in a form directed by the Minister from a registered medical practitioner certifying that the applicant is unable to so comply due to his or her illness or disability. | ||
(7) The registration authority shall make such inquiries as it considers appropriate for the purpose of considering and deciding on such an application and paragraphs (2), (3) and (5) of Rule 5 shall apply in relation to the consideration of and decision on the application. | ||
(8) The registration authority shall, as soon as practicable, consider and decide on the application and shall notify the applicant of the decision, and where the application meets the requirements of section 17A and this Rule, the name of the applicant shall be included on the pending elector list. | ||
(9) In paragraph (5), ‘member of the civilian staff of the Garda Síochána’ means a person appointed under section 19 (1) of the Garda Síochána Act 2005 or designated under section 19(5) of that Act and, on being so designated, transferred to and having become a member of the civilian staff of the Garda Síochána.”, | ||
and | ||
(j) by the insertion of the following Part after Part VII: | ||
“PART VIII | ||
Appeal to county registrar | ||
39. (1) Subject to paragraphs (2) and (3), the county registrar shall consider and determine all appeals against decisions of a registration authority made in writing to him or her, including where Rule 9(4) applies, appeals transferred to him or her from the county registrar of an adjacent registration area, under sections 15D, 15E and Rules 7, 11, 23, 33 and 37. | ||
(2) (a) Subject to subparagraph (b), an appeal to the county registrar under paragraph (1) shall be made within 4 weeks from the date of the decision of the registration authority. | ||
(b) Where an order appointing a polling day in an election or referendum has been made, the county registrar shall, as soon as possible after the making of that order, give public notice of the latest dates for the receipt of appeals under paragraph (1) in order for the appeal to be considered by him or her prior to the election or referendum, or both, as the case may be, and the place where the appeal shall be considered, and where the appeal relates to applications for postal voting or special voting, the date shall be not less than 2 days after the last day for making such applications as specified in section 14(2) or section 17(2), as the case may be, in respect of that election or referendum, and any appeals received after that date shall not be considered by the county registrar until after polling day for that election or referendum. | ||
(3) Subject to paragraph (4), before considering an appeal in relation to the deletion of the name of a person from the register the county registrar shall, except where he or she is satisfied that the person is deceased, give not less than 5 clear days’ notice to the appellant and any other person who, in the opinion of the county registrar, may be interested, of the time and place at which the appeal will be considered by him or her. | ||
(4) If the county registrar is satisfied that an appeal, other than an appeal in relation to the deletion of the name of a person from the register, should not be allowed without inquiry, he or she shall give not less than 5 clear days’ notice to the appellant and any other person who, in the opinion of the county registrar, may be interested, of the time and place at which the appeal will be considered by him or her. | ||
(5) Before determining an appeal made to him or her under paragraph (1), the county registrar may make such further inquiry as he or she may consider necessary and may require any person to give any information in his or her possession which the county registrar considers necessary for the purpose of carrying out his or her functions under this Rule. | ||
(6) The county registrar may require any officer of a registration authority or any person whose duty it is to make a house to house or other inquiry under Rule 5 to attend at such times and at such place as he or she may consider necessary for the purpose of enabling him or her to decide any appeal. | ||
(7) The county registrar may, on consideration of any appeal, require that the evidence tendered by any person should be given on oath or affirmation and may administer an oath or affirmation for that purpose. | ||
(8) The appellant and any other person who, in the opinion of the county registrar, may be interested, may appear and be heard, either in person or by any other person on his or her behalf, at the hearing of the appeal by the county registrar. | ||
(9) The county registrar shall consider the appeal and make his or her decision within a reasonable period from the date of receipt of the appeal and shall inform, as soon as practicable after the making of the decision, the appellant and the registration authority and any person who, in the opinion of the registration authority may be interested— | ||
(a) of the decision, and | ||
(b) where the appeal is refused, of the right of appeal against the decision to the Circuit Court under section 21. | ||
(10) (a) Where the decision of the county registrar under paragraph (9) is to allow the appeal, the registration authority shall take such action, if any, as is necessary to give effect to the decision as soon as practicable after notification to it of the decision. | ||
(b) Subject to section 21(4), where the decision of the county registrar under paragraph (9) is to refuse the appeal, the decision shall take effect on the expiration of the period of time for the making of an appeal under section 21.”. |