S.I. No. 395/2018 - Presidential Elections (Ballot Paper Template) Regulations 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th October, 2018.

I, JOHN PAUL PHELAN, Minister of State at the Department of Housing, Planning and Local Government, in exercise of the powers conferred on me by section 94(5)(j) (inserted by section 3 (1)(c) of the Electoral (Amendment) Act 1996 (No. 43 of 1996)) of the Electoral Act 1992 (No.23 of 1992)(as adapted by the Housing, Planning, Community and Local Government (Alteration of Name of Department and Title of Minister) Order ( S.I. No. 358 of 2017 ) and the Housing, Planning and Local Government (Delegation of Ministerial Functions) Order 2017 ( S.I. No.473 of 2017 ), and as applied to Presidential Elections by section 39 of the Presidential Elections 1993 (No. 28 of 1993), hereby order as follows:

1. Citation

These Regulations may be cited as the Presidential Elections (Ballot Paper Template) Regulations 2018.

2. Interpretation

In these Regulations—

“ballot paper” means a ballot paper within the meaning of the Presidential Elections Act (No. 28 of 1993);

“ballot paper template” means a template which meets the requirements of the schedule;

“presidential election” means a presidential election within the meaning of the Presidential Elections Act (No. 28 of 1993).

3. Provision of ballot paper template at polling stations

For the taking of the poll at a presidential election the local returning officer shall provide a ballot paper template at each polling station.

4. Arrangements for voting using a ballot paper template

(a) The presiding officer, upon the request of a voter with visual impairment who wishes to mark his or her ballot paper at a presidential election without assistance (within the meaning of section 103 of the Electoral Act 1992 as applied to presidential elections by section 44 of the Presidential Elections Act 1993 ) shall, before delivering the ballot paper to the voter in accordance with section 101 of the Electoral Act 1992 as applied to presidential elections by section 44 of the Presidential Elections Act 1993 , insert the ballot paper into or attach it to the ballot paper template, as appropriate.

(b) The voter shall, after marking the ballot paper, separate the ballot paper from the ballot paper template before placing the ballot paper in the ballot box in accordance with section 101 of the Electoral Act 1992 , as applied to presidential elections by section 44 of the Presidential Elections Act 1993 .

SCHEDULE

A ballot paper template shall—

(a) allow a ballot paper to be inserted into and removed from the template, or attached to and detached from it, easily and without damage to the paper,

(b) keep the ballot paper firmly in place during use, and

(c) provide suitable means for the voter to identify the boxes on the ballot paper on which the voter may mark his or her voting preferences.

GIVEN under my Hand,

4 October 2018.

JOHN PAUL PHELAN,

Minister of State at the Department of Housing, Planning and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations prescribe arrangements to facilitate voters with vision impairment who wish to mark their ballot paper at a presidential election without assistance.