Electoral (Amendment) Act, 2001

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Modification of certain provisions of Principal Act.

38.—For the purpose of the application by virtue of this Act to voting and the counting of votes under this Part of certain provisions of the Principal Act, the said provisions as so applied shall have effect as if—

(a) a reference in any such provision to a ballot paper or ballot papers, other than in the case of postal voting and voting by special voters, were a reference, where appropriate, to a ballot paper displayed on a voting machine;

(b) a reference in any such provision to mark or marking in relation to a ballot paper, other than in the case of postal voting and voting by special voters, were a reference to pressing the designated space adjacent to a candidate's details on a ballot paper displayed on a voting machine;

(c) a reference in any such provision to a ballot box or ballot boxes, other than in the case of postal voting and voting by special voters, were a reference to a voting machine or voting machines;

(d) in section 30(3) of that Act, for “open the ballot boxes and count the votes”, in each place where those words occur, there were substituted “open the postal voter ballot boxes and count the votes in accordance with Part 3 of the Electoral (Amendment) Act, 2001,”;

(e) in section 31 of that Act, there were inserted “and the Electoral (Amendment) Act, 2001” after “with this Act”;

(f) in section 37(1) of that Act, there were inserted “and the Electoral (Amendment) Act, 2001” after “this Act”;

(g) in section 40 of that Act, there were inserted “or any votes cast on ballot papers on voting machines” after “any ballot papers used”;

(h) in section 58(a) of that Act, there were inserted “and the Electoral (Amendment) Act, 2001” after “Act”;

(i) in section 60 of that Act—

(i) there were inserted “and at the entry of votes on postal voters ballot papers on a voting machine” after “boxes” in paragraph (c) of subsection (1);

(ii) for “ballot boxes have been sealed by the presiding officer pursuant to section 110(2)” in subsection (6), there were substituted “voting machines are closed down by the presiding officer pursuant to section 42 of the Electoral (Amendment) Act, 2001”;

(iii) there were inserted “and the entry of votes on postal voters ballot papers on a voting machine” after “postal ballot boxes” where those words first occur in subsection (7) and there were inserted “and the votes on the postal voters ballot papers are entered on a voting machine” after “to be opened” in that subsection; and

(iv) there were inserted “or the Electoral (Amendment) Act, 2001,” after “this Act” in subsection (11);

(j) in section 62(3) of that Act, there were inserted “and any votes cast on ballot papers on voting machines” after “ballot papers” in paragraph (a);

(k) in section 63(1) of that Act, there were inserted “and any votes cast on ballot papers on voting machines” after “ballot papers” in subparagraph (i) of paragraph (c);

(l) in section 64 of that Act for “ballot paper placed in a ballot box” there were substituted “vote cast on a ballot paper on a voting machine”;

(m) in section 66(1) of that Act there were deleted “, and indistinguishable from,” and for “delivered to” there were substituted “installed on a voting machine used by”;

(n) in section 67 of that Act, there were inserted “and the counting of postal voters and special voters votes in accordance with section 43 of the Electoral (Amendment) Act, 2001” after “therein”;

(o) in section 72 of that Act, the substitution of “After the final delivery of post to the returning officer on polling day but before” for “At the hour fixed for”;

(p) in section 73 of that Act—

(i) there were deleted “time fixed for the” in subsection (1);

(ii) there were inserted “and enter the votes on the ballot papers in the postal voters ballot box on a voting machine” after “therein” in subsection (2); and

(iii) there were inserted in subsection (4) after “section 75.” “He shall count and note the number of ballot papers not contained in ballot paper envelopes placed in the ballot box.”;

(q) in section 75 of that Act for “as a ballot box for the purposes of section 114” there were substituted “in accordance with section 43 of the Electoral (Amendment) Act, 2001. The returning officer shall count and note the number of ballot papers placed in the ballot box and include such details and the details referred to in section 73(4) in the statement referred to in section 76(5)”;

(r) in section 76 of that Act, there were inserted “, the unused ballot papers” after “postal voters list”, where these words first occur in subsection (1);

(s) in section 85 of that Act—

(i) for “ballot boxes”, in such places where those words occur in subsections (1)(b) and (2)(c), there were substituted “cartridges or discs from voting machines”;

(ii) for “at or before the hour of 9 a.m. on the day next after polling day” in subsection (1)(b) there were substituted “forthwith”; and

(iii) for “reach the place for the counting of the votes at or before the hour of 9 a.m. on the day next after the polling day appointed by the Minister” in subsection (2)(c) there were substituted “be sent to the place for the counting of the votes forthwith”;

(t) in section 86 of that Act, for paragraph (b) there were substituted:

“(b) where, after the poll has continued for not less than four hours, the presiding officer is of opinion that if the poll were further continued the cartridges or discs from voting machines could not be sent to the place for the counting of the votes forthwith, he may then close the poll.”;

(u) in section 88 of that Act—

(i) there were inserted “for postal and special voters” after “ballot papers” in each place where those words occur in paragraph (d) of subsection (2); and

(ii) there were inserted “, if any,” after “counterfoil” in that paragraph (d);

(v) in section 89(1) of that Act, there were inserted “for a postal or special voter” after “ballot paper”;

(w) in section 91 of that Act, there were inserted “voting machines,” after “ballot boxes,” in each place where those words occur;

(x) in section 94 of that Act—

(i) in subsection (5)—

(I) for “compartments” in paragraph (a) there were substituted “voting machines”;

(II) there were deleted paragraphs (c), (d) and (e); and

(III) in paragraph (i) (inserted by the Electoral (Amendment) Act, 1996 ) there were deleted “and placing in the ballot box”;

and

(ii) in subsection (6), for “numbers on the ballot papers” there were substituted “serial numbers of the voting machines”;

(y) in section 103 of that Act—

(i) in subsection (1), for “for a ballot paper” there were substituted “to vote”;

(ii) in subsection (2), for “delivery of the ballot paper” there were substituted “permitting the elector to vote”;

(iii) in subsection (3), for “into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper in the ballot box” there were substituted “to a voting machine in the polling station and then vote on the ballot paper displayed on the voting machine for the elector”;

(iv) in subsection (4), for “delivery of the ballot paper” there were substituted “permitting that person to vote for the elector”; and

(v) in subsection (5), for “fold it and place it in the ballot box” there were substituted “vote on the voting machine”;

(z) in section 104 of that Act—

(i) in subsection (1)—

(I) for “a ballot paper”, where those words first occur, there were substituted “a permission to vote”;

(II) for “for a ballot paper” there were substituted “to vote”; and

(III) for “to receive a ballot paper and mark and place it in the ballot box” there were substituted “to vote”;

and

(ii) in subsection (2)—

(I) for “ballot papers issued pursuant to this section” there were substituted “cases arising under subsection (1)”; and

(II) for “such papers” there were substituted “such permissions” referred to in that subsection;

(aa) in section 105 of that Act—

(i) in subsection (1), for “for or has applied for a ballot paper” there were substituted “to vote or has voted”; and

(ii) in subsection (2), for “for a ballot paper”, in each place where those words occur, there were substituted “to vote”;

(bb) in section 107(3) of that Act, for “open any of the ballot boxes” there were substituted “open the postal voters ballot box or cause to be read any votes on a cartridge or disc from any voting machine”;

(cc) in section 108 of that Act—

(i) there were inserted “and the Electoral (Amendment) Act, 2001,” after “this Act” in paragraph (c); and

(ii) for “open any of the ballot boxes” in paragraph (d) there were substituted “open the postal voters ballot box or cause to be read any votes on a cartridge or disc from any voting machine”;

(dd) in section 109 of that Act—

(i) there were inserted “or voting machines” after “ballot boxes or ballot papers” where those words first occur;

(ii) there were inserted “postal or special voter” after “(in the case of”;

(iii) for “ballot boxes or ballot papers” in paragraph (a) there were substituted “voting machines”;

(iv) in paragraph (e) there were inserted “and the Electoral (Amendment) Act, 2001,” after “this Act”; and

(v) in paragraph (f) for “open any of the ballot boxes” there were substituted “open the postal voters ballot box or cause to be read any votes on a cartridge or disc from any voting machine”;

(ee) in section 111 of that Act, for “for a ballot paper” in paragraphs (b), (c) and (d) of subsection (2) there were substituted “to vote”;

(ff) in section 112 of that Act, there were inserted “and cartridges or discs from voting machines” after “ballot papers”;

(gg) in section 113(3) of that Act, for “the ballot papers have been correctly sorted” there were substituted “all the cartridges or discs from voting machines have been correctly accounted for”;

(hh) in section 117 of that Act, for “ballot papers” there were substituted “cartridges or discs from voting machines”;

(ii) in section 129 of that Act—

(i) in subsection (1) there were deleted all the words from “sealed packets” down to and including “polling stations,” and there were substituted “sealed packets the cartridges or discs from voting machines and the statements referred to in sections 40(1), 42(2) and 43(5) and (6) of the Electoral (Amendment) Act, 2001,”; and

(ii) for “section 114” in paragraph (b) of subsection (2) there were substituted “ section 44 of the Electoral (Amendment) Act, 2001”;

(jj) in section 130 of that Act—

(i) the substitution for paragraph (d) of subsection (2) of the following:

“(d) the cartridge or discs referred to in subsection (1) of section 129 (as that subsection applies by virtue of Part 3 of the Electoral (Amendment) Act, 2001) and the documents referred to in paragraphs (a) and (b) of section 43 (9) of that Act.”.

(ii) there were inserted “or the Electoral (Amendment) Act, 2001,” after “this Act” in subsection (3);

(kk) in section 131 of that Act there were inserted “and the Electoral (Amendment) Act, 2001,” after “Act”;

(ll) in section 134 of that Act—

(i) for “for a ballot paper” in paragraphs (a) and (b) of subsection (1) there were substituted “to vote”;

(ii) for “obtained a ballot paper” in subsection (1)(b) there were substituted “voted”;

(iii) there were deleted “(otherwise than under section 102)” in paragraph 1(b); and

(iv) in subsection (2) for “obtained a ballot paper” there were substituted “been permitted to vote”;

(mm) in section 137 of that Act—

(i) in subsection (1), there were inserted “or at the entering of votes from postal and special voters ballot papers on a voting machine” after “postal ballot boxes”;

(ii) in subsection (1)(b), for “the said issue or the said voting or the said opening” there were substituted “the said issue, voting, opening or entering”;

(iii) in subsection (2), for “for a ballot paper” there were substituted “to vote” and “or as to the official mark” were deleted;

(iv) in subsection (4)(a), for “marking his ballot paper” there were substituted “voting”;

(v) in subsection (4)(b), there were deleted “, or as to the number on the back of the ballot paper issued to a voter at that station”; and

(vi) in subsection (4)(c), for “display his ballot paper after the said voter has marked it so as to make known” there were substituted “disclose”;

(nn) in section 138(a) of that Act, there were inserted “or voting machine or cartridge or disc from a voting machine or software or other voting system equipment used for voting or vote counting” after “or any unused ballot paper”;

(oo) in section 150 of that Act, the reference to section 103 were a reference to section 103 as applied to this Part by section 46 ;

(pp) in section 153 of that Act, there were inserted “or a cartridge or disc from a voting machine” after “ballot paper”;

(qq) in section 161 of that Act, there were inserted “and the entering of votes on postal and special voter ballot papers on a voting machine” after “postal ballot boxes” in paragraph (c);

(rr) in section 163 of that Act, there were inserted “or the Electoral (Amendment) Act, 2001,” after “this Act”; and

(ss) in section 165(2) of that Act—

(i) there were inserted “postal voters and special voters” before “ballot papers” in paragraph (b);

(ii) there were inserted “or voting machines” after “ballot boxes” in paragraph (d); and

(iii) paragraph (e) were deleted.