Electoral Act, 1997
Arrangements for counting of votes.
79.—(1) The Act of 1992 is hereby amended by—
(a) the substitution in section 85(1)(b) of “time appointed by the Minister for the commencement of the count under section 114” for “hour of 9 a.m. on the day next after the polling day”;
(b) the substitution in both sections 85(2)(c) and 86(b) of “time appointed by the Minister for the commencement of the count under section 114” for “hour of 9 a.m. on the day next after the polling day appointed by the Minister”;
(c) the substitution of the following subsection for subsection (1) of section 114—
“(1) (a) The counting of the votes shall commence at such time or times as shall be appointed therefor by the Minister by order under this subsection and, where a poll is taken in two or more constituencies on the same day, different times may be so appointed for different constituencies, provided that the time or times so appointed shall not be later than 9 a.m. on the day next following the polling day.
(b) An order under this subsection shall be published in the Iris Oifigiúil as soon as may be after it is made.
(c) At the relevant time appointed under this subsection and at the place appointed under section 112, the returning officer for the constituency shall, in the presence of the agents of the candidates, open the ballot boxes and extract the ballot papers therefrom.”;
(d) the deletion of the words “then” and “forthwith” in subsection (3) of the said section 114; and
(e) the substitution of “necessary rest and refreshment” for “refreshment, and excluding (except so far as he and the candidates otherwise agree) the hours between 11 p.m. and 9 a.m.” in section 115.
(2) The Act of 1993 is hereby amended by—
(a) the deletion of paragraph (p) of subsection (3) of section 3, and
(b) the substitution in subsection (3) of section 46 of “necessary rest and refreshment” for “refreshment and (except so far as he and the candidates otherwise agree) the period between 11 p.m. and 9 a.m.”.
(3) The amendments of the Act of 1992 provided for in this section shall have effect in relation to the provisions of the said Act as applied to presidential elections by sections 42 and 47 of the Act of 1993 and to referenda by sections 30 and 33 of the Referendum Act, 1994 .
(4) The Referendum Act, 1994 , is hereby amended by the deletion of paragraph (x) of subsection (3) of section 2.