S.I. No. 196/2019 - Elections (Ballot Paper Template) Regulations 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th May, 2019.

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), rule 56(7)(j) of the Second Schedule to the European Parliament Elections Act 1997 (No.2 of 1997), regulation 57(5)(j) (inserted by section 3 (2)(b) of the Electoral (Amendment) Act 1996 (No.43 of 1996)) of the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 ) and the aforesaid regulation 57(5)(j) of the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 ) as applied to plebiscites in the city of Cork, the city and county of Limerick and the city and county of Waterford by regulation 18 of the Direct Election of Mayor Plebiscite Regulations 2019 (S.I. No. 162 of 2019) (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)), hereby order as follows:

1. Citation

These Regulations may be cited as the Elections (Ballot Paper Template) Regulations 2019

2. Interpretation

In these Regulations –

“ballot paper” means, as the context may require, a ballot paper within the meaning of the Electoral Act 1992 (No.23 of 1992), the European Parliament Elections Act 1997 (No.2 of 1997), the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 ) or the Direct Election of Mayor Plebiscite Regulations 2019 (S.I. No. 162 of 2019);

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

“election” means, as the context may require, an election within the meaning of the Electoral Act 1992 (No.23 of 1992), the European Parliament Elections Act 1997 (No.2 of 1997), the Local Election Regulations 1995 ( S.I. No. 297 of 1995 ) or a plebiscite within the meaning of the Direct Election of Mayor Plebiscite Regulations 2019 (S.I. No. 162 of 2019);

3. Provision of ballot paper template at polling stations

For the taking of the poll at an election the returning officer or the local returning officer, as the context may require, 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 vision impairment who wishes to mark their ballot paper at an election without assistance (within, as the context may require, the meaning of section 103 of the Electoral Act 1992 , rule 64 of the Second Schedule to the European Parliament Elections Act 1997 , regulation 65 of the Local Elections Regulations 1995 or the aforesaid regulation 65 as applied to plebiscites in the city of Cork, the city and county of Limerick and the city and county of Waterford by regulation 18 of the Direct Election of Mayor Plebiscite Regulations 2019) shall, before delivering the ballot paper to the voter in accordance, as the context may require, with section 101 of the Electoral Act 1992 , rule 62 of the Second Schedule to the European Parliament Elections Act 1997 , regulation 63 of the Local Elections Regulations 1995 or the aforesaid regulation 63 as applied to plebiscites in the city of Cork, the city and county of Limerick and the city and county of Waterford by regulation 18 of the Direct Election of Mayor Plebiscite Regulations 2019, 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, as the context may require, with section 101 of the Electoral Act 1992 , rule 62 of the Second Schedule to the European Parliament Elections Act 1997 , regulation 63 of the Local Elections Regulations 1995 or the aforesaid regulation 63 as applied to plebiscites in the city of Cork, the city and county of Limerick and the city and county of Waterford by regulation 18 of the Direct Election of Mayor Plebiscite Regulations 2019.

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 their voting preferences.

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GIVEN under my Hand,

7 May, 2019.

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 without assistance at Dáil, European Parliament or Local Elections or at plebiscites in the city of Cork, the city and county of Limerick and the city and county of Waterford.