Electoral Reform Act 2022

PART 8

Polling on Islands

Amendment of Act of 1992

200. The Act of 1992 is amended—

(a) in section 86—

(i) by the deletion of “, other than a poll taken on a day specified under section 85,”, and

(ii) in paragraph (a), by the insertion of—

(I) “sudden onset of” before “stress of weather”, and

(II) “unforeseen” before “transport difficulties”,

(b) in section 96, by the insertion of the following subsections after subsection (1):

“(1A) Notwithstanding subsection (1)(b), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the returning officer for the constituency in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period fixed under subsection (1)(b), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.

(1B) A poll the subject of an order under subsection (1A) shall continue on the island for not less than 4 hours.

(1C) Where an order is made under subsection (1A), the returning officer for the constituency in which the island is situated shall, as soon as may be after it is made, give public notice in the polling district in which the island is situated stating the day appointed under subsection (1)(a) on which, and the period shortened by the order under subsection (1A) during which, the poll shall be taken on the island.

(1D) In subsection (1A), ‘local circumstances’ includes:

(a) the number of Dáil electors on the island;

(b) the distance between a polling station on the island and the place appointed for the counting of votes under section 112;

(c) advance forecasts of stress of weather;

(d) foreseen transport difficulties.”,

(c) in section 108, by the deletion of “85,”, and

(d) in section 114, by the substitution of the following subsection for subsection (2):

“(2) (a) The ballot papers extracted by the returning officer from each ballot box shall be counted and their total number shall be compared with the number shown in the appropriate ballot paper account.

(b) Where ballot boxes from a polling station situated on an island have not reached the place appointed for the counting of votes under section 112 at or before the time specified in subsection (1) due to stress of weather or transport difficulties, the returning officer shall, in respect of the other ballot boxes, proceed in accordance with subsections (1) and (1A), and paragraph (a).

(c) When all the ballot boxes, including all those from polling stations situated on an island, have reached the place appointed for the counting of votes and been dealt with in accordance with subsections (1) and (1A), and paragraph (a), the returning officer shall prepare a statement showing the result of the comparison referred to in paragraph (a) in respect of all the ballot boxes and he or she shall, on request allow the agent of any candidate to copy the statement.”.