Electoral Act, 1997
Voting by electors referred to in section 63 .
68.—(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 section 63 subject to the following modifications—
(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in a Garda Síochána station in the presence of a member of the Garda Síochána do the following things in the following order—
(i) produce to the member of the Garda Síochána the envelope addressed to the elector pursuant to section 68 of that Act, the ballot paper (in relation to which the member of the Garda Síochána 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 said declaration of identity;
(iii) hand the declaration of identity to the member of the Garda Síochána 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 Garda Síochána station 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 send the last-mentioned envelope 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”; and
(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 Garda Síochána station”.
(2) In this section “ballot paper envelope” and “covering envelope” have the meanings specified in section 68(3) of the Act of 1992.
(3) 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 Act of 1993 and to referenda by section 28 of the Referendum Act, 1994 .