S.I. No. 5/1987 - Electoral Regulations, 1987.

S.I. No. 5 of 1987.

ELECTORAL REGULATIONS, 1987.

The Minister for the Environment in exercise of the powers conferred on him by section 4 of the Presidential Elections Act, 1937 (No. 32 of 1937), section 3 of the Referendum Act, 1942 (No. 8 of 1942), sections 15 , 23 , 44 and 64 of the Electoral Act, 1963 (No. 19 of 1963), section 19 of the European Assembly Elections Act, 1977 (No. 30 of 1977) and section 25 of the Electoral (Amendment) (No. 2) Act, 1986 (No. 35 of 1986) hereby makes the following Regulations:—

1. These Regulations may be cited as the Electoral Regulations, 1987.

2. In these Regulations:—

"the Act" means the Electoral (Amendment) (No. 2) Act, 1986 .

3. The Forms (Dáil Elections, Presidential Elections and Referenda) Regulations, 1963 ( S.I. No. 246 of 1963 ) are hereby amended:—

(a) by the substitution in form D.E.2 for paragraph 5 on the back of the form of the following paragraph:—

"5. The returning officer will rule on the validity of the nomination within one hour of its delivery to him. He is required to object to the name of a candidate if such name—(a) is not the name by which the candidate is commonly known, (b) is misleading and likely to cause confusion, (c) is unnecessarily long or (d) contains a political reference. The returning officer is also required to object to a description of a candidate which is, in his opinion, incorrect, insufficient to identify the candidate or unnecessarily long or which contains a political reference other than a reference to a public or elected office held, or formerly held, by the candidate. The candidate and his proposer, if any, and one other person designated by the candidate (or his proposer) and no other person, unless permitted by the returning officer, may attend the ruling (Section 21 of 19 of 1963 and Section 17 of 35 of 1986).", and

(b) by the substitution of forms D.E.4, P.E.1 and R.A.2 in the First Schedule hereto respectively for forms D.E.4, P.E.1 and R.A.2 in the Schedule to the said Regulations.

4. The European Assembly Elections (Forms) Regulations, 1978 ( S.I. No. 162 of 1978 ) as amended by the European Assembly Elections (Forms) Regulations, 1984 ( S.I. No. 120 of 1984 ) are hereby amended:—

(a) by the substitution in form A.E.2 for paragraph 5 on the back of the form of the following paragraph:—

"5. The returning officer will rule on the validity of the nomination within one hour of its delivery to him. He is required to object to the name of a candidate if such name—(a) is not the name by which the candidate is commonly known, (b) is misleading and likely to cause confusion, (c) is unnecessarily long or (d) contains a political reference.The returning officer is also required to object to a description of a candidate which is, in his opinion, incorrect, insufficient to identify the candidate or unnecessarily long or which contains a political reference other than a reference to a public or elected office held, or formerly held, by the candidate. The candidate and his proposer, if any, and one other person designated by the candidate (or his proposer) and no other person, unless permitted by the returning officer, may attend the ruling.", and

(b) by the substitution of form A.E.6 in the Second Schedule hereto for form A.E.6 in the Schedule to the said Regulations.

5. (a) The prescribed date for the purpose of section 3 (2) (d) of the Act shall be:—

(i) in relation to the register of electors in force on the date of these Regulations and in relation to the register of electors to come into force in the year 1987, the 20th day of January, 1987, and

(ii) in relation to each subsequent register of electors, the 31st day of October in the year preceding the year in which the register comes into force.

(b) The prescribed period for the purpose of section 6 of the Act shall be:—

(i) in relation to the register of electors in force on the date of these Regulations and in relation to the register of electors to come into force in the year 1987, the period of twenty-one days ending on the 16th day of January, 1987, and

(ii) in relation to each subsequent register of electors, the period of fourteen days ending on the 15th day of September in the year preceding the year in which the register comes into force.

(c) The prescribed date for the purpose of section 15 (3) of the Act shall be:—

(i) in relation to the register of electors to come into force in the year 1987, the 28th day of February, 1987, and

(ii) in relation to each subsequent register of electors, the 31st day of October in the year preceding the year in which the register comes into force.

(d) The prescribed documents for the purpose of section 20 of the Act shall be:—

a passport; a driving licence; an employee or student identity card; a book issued in the State for payment of Social Welfare allowances, benefits or pensions; a medical card issued in the State; a free travel card issued in the State by the Department of Social Welfare; a travel document containing the name and photograph of the holder; a signing-on card (U.B.15 or U.A.22) issued in the State by the Department of Social Welfare; a Bank or Savings Bank book; a cheque book; a cheque card, a credit card; a credit union membership card; a birth certificate; a marriage certificate.

6. Each of the forms in the Third Schedule hereto shall be the prescribed form for the purpose for which such form is expressed to be applicable.

FIRST SCHEDULE

POLLING CARD

D.E. 4

(Section 23 of Act of 1963)

(Front of Card)

POLLING CARD/CÁRTA VÓTAÍOCHTA

RETURNING OFFICER/CEANN COMHAIRIMH

THIS CARD IS FOR INFORMATION ONLY: IT IS NOT AN IDENTITY CARD. BE SURE TO BRING EVIDENCE OF IDENTITY WHEN YOU GO TO VOTE—SEE BACK OF THIS CARD.

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(Back of Card)

EVIDENCE OF IDENTITY

YOU ARE LIKELY TO BE ASKED TO PRODUCE ONE OF THE FOLLOWING DOCUMENTS:—

a passport; a driving licence; an employee or student identity card; a book issued in the State for payment of Social Welfare allowances, benefits or pensions; a medical card issued in the State; a free travel card issued in the State by the Department of Social Welfare; a travel document containing your name and photograph; a signing-on card (U.B. 15 or U.A. 22) issued in the State by the Department of Social Welfare; a Bank or Savings Bank book; a cheque book; a cheque card; a credit card; a credit union membership card; a birth certificate, a marriage certificate.

BE SURE TO BRING ONE OF THESE DOCUMENTS WITH YOU TO THE POLLING STATION, OTHERWISE YOU MAY NOT BE PERMITTED TO VOTE.

FAISNÉIS CÉANNACHTA

TÁ GACH DEALRAMH ANN GO N-IARRFAR ORT CEANN DE NA CÁIPÉISÍ SEO A THAISPEÁINT:—

pas; ceadúnas tiomána; cárta céannachta mic léinn nó fostaithe; leabhar íocaíochtaí liúntas, sochar nó pinsean Leasa Shóisialaigh arna eisiúnt sa Stát; cárta leighis arna eisiúnt sa Stát; cárta saor-thaistil arna eisiúnt sa Stát ag an Roinn Leasa Shóisialaigh; cáipéis taistil ar a bhfuil d'ainm agus do ghrianghraf; cárta dífhostaíochta (U.B. 15 nó U.A. 22) arna eisiúnt sa Stát ag an Roinn Leasa Shóisialaigh; leabhar Bainc nó Bainc Taisce; seicleabhar; seic-chárta; cárta creidmheasa; cárta baill d'aontas creidmheasa; teastas beireatais; teastas pósta.

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POLLING CARD

P.E. 1

(Section 44 of Act of 1963)

(Front of Card)

POLLING CARD/CÁRTA VÓTAÍOCHTA

RETURNING OFFICER/CEANN COMHAIRIMH

THIS CARD IS FOR INFORMATION ONLY: IT IS NOT AN IDENTITY CARD. BE SURE TO BRING EVIDENCE OF IDENTITY WHEN YOU GO TO VOTE—SEE BACK OF THIS CARD.

IS MAR EOLAS AMHÁIN AN CÁRTA SEO: NÍ CÁRTA CÉANNACHTA É. BÍ DEIMHIN DE CÁIPÉIS CÉANNACHTA A THABHAIRT LEAT NUAIR A THÉANN TÚ CHUN VÓTAIL—FÉACH CÚL AN CHÁRTA SEO.

(Back of Card)

EVIDENCE OF IDENTITY

YOU ARE LIKELY TO BE ASKED TO PRODUCE ONE OF THE FOLLOWING DOCUMENTS:—

a passport; a driving licence; an employee or student identity card; a book issued in the State for payment of Social Welfare allowances, benefits or pensions; a medical card issued in the State; a free travel card issued in the State by the Department of Social Welfare; a travel document containing your name and photograph; a signing-on card (U.B. 15 or U.A. 22) issued in the State by the Department of Social Welfare, a Bank or Savings Bank book; a cheque book; a cheque card; a credit card; a credit union membership card; a birth certificate; a marriage certificate.

BE SURE TO BRING ONE OF THESE DOCUMENTS WITH YOU TO THE POLLING STATION; OTHERWISE YOU MAY NOT BE PERMITTED TO VOTE.

FAISNÉIS CÉANNACHTA

TÁ GACH DEALRAMH ANN GO N-IARRFAR ORT CEANN DE NA CÁIPÉISÍ SEO A THAISPEÁINT:—

pas; ceadúnas tiomána; cárta céannachta mic léinn nó fostaithe; leabhar íocaíochtaí liúntas, sochar nó pinsean Leasa Shóisialaigh arna eisiúnt sa Stát; cárta leighis arna eisiúnt sa Stát; cárta saor-thaistil arna eisiúnt sa Stát ag an Roinn Leasa Shóisialaigh; cáipéis taistil ar a bhfuil d'ainm agus do ghrianghraf; cárta dífhostaíochta (U.B. 15 nó U.A. 22) arna eisiúnt sa Stát ag an Roinn Leasa Shóisialaigh; leabhar Bainc nó Bainc Taisce; seicleabhar; seic-chárta; cárta creidmheasa; cárta baill d'aontas creidmheasa; teastas beireatais; teastas pósta.

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POLLING CARD

R.A.2

(Section 64 of Act of 1963)

(Front of Card)

POLLING CARD/CÁRTA VÓTAÍOCHTA

RETURNING OFFICER/CEANN COMHAIRIMH

THIS CARD IS FOR INFORMATION ONLY: IT IS NOT AN IDENTITY CARD. BE SURE TO BRING EVIDENCE OF IDENTITY WHEN YOU GO TO VOTE—SEE BACK OF THIS CARD.

IS MAR EOLAS AMHÁIN AN CÁRTA SEO: NÍ CÁRTA CÉANNACHTA É. BÍ DEIMHIN DE CÁIPÉIS CÉANNACHTA A THABHAIRT LEAT NUAIR A THÉANN TÚ CHUN VÓTAIL—FÉACH CÚL AN CHÁRTA SEO.

(Back of Card)

EVIDENCE OF IDENTITY

YOU ARE LIKELY TO BE ASKED TO PRODUCE ONE OF THE FOLLOWING DOCUMENTS:—

a passport; a driving licence; an employee or student identity card; a book issued in the State for payment of Social Welfare allowances, benefits or pensions; a medical card issued in the State; a free travel card issued in the state by the Department of Social Welfare; a travel document containing your name and photograph; a signing-on card (U.B. 15 or U.A. 22) issued in the State by the Department of Social Welfare; a Bank or Savings Bank book; a cheque book; a cheque card; a credit card; a credit union membership card; a birth certificate, a marriage certificate.

BE SURE TO BRING ONE OF THESE DOCUMENTS WITH YOU TO THE POLLING STATION; OTHERWISE YOU MAY NOT BE PERMITTED TO VOTE.

FAISNÉIS CÉANNACHTA

TÁ GACH DEALRAMH ANN GO N-IARRFAR ORT CEANN DE NA CÁIPÉISÍ SEO A THAISPEÁINT:—

pas; ceadúnas tiomána; cárta céannachta mic léinn nó fostaithe; leabhar íocaíochtaí liúntas, sochar nó pinsean Leasa Shóisialaigh arna eisiúnt sa Stát, cárta leighis arna eisiúnt sa Stát; cárta saor-thaistil arna eisiúnt sa Stát ag an Roinn Leasa Shóisialaigh; cáipéis taistil ar a bhfuil d'ainm agus do ghrianghraf; cárta dífhostaíochta (U.B. 15 nó U.A. 22) arna eisiúnt sa Stát ag an Roinn Leasa Shóisialaigh: leabhar Bainc nó Bainc Taisce; seicleabhar; seic-chárta; cárta creidmheasa; cárta baill d'aontas creidmheasa; teastas beireatais; teastas pósta.

DÉAN DEIMHIN DE CEANN DE NA CÁIPÉISÍ SEO A THABHAIRT LEAT GO DTÍ AN STÁISIÚN VÓTAÍOCHTA: MUNA MBÍONN CEANN ACU LEAT, BEIDH SEANS ANN NACH GCEADEOFAR DUIT VÓTÁIL.

SECOND SCHEDULE

POLLING CARD

A.E.6

(First Schedule Rule 28)

(Front of Card)

POLLING CARD/CÁRTA VÓTAÍOCHTA

RETURNING OFFICER/CEANN COMHAIRIMH

THIS CARD IS FOR INFORMATION ONLY: IT IS NOT AN IDENTITY CARD. BE SURE TO BRING EVIDENCE OF IDENTITY WHEN YOU GO TO VOTE—SEE BACK OF THIS CARD.

IS MAR EOLAS AMHÁIN AN CÁRTA SEO: NÍ CÁRTA CÉANNACHTA É. BÍ DEIMHIN DE CÁIPÉIS CÉANNACHTA A THABHAIRT LEAT NUAIR A THÉANN TÚ CHUN VÓTAIL—FÉACH CÚL AN CHÁRTA SEO.

(Back of Card)

EVIDENCE OF IDENTITY

YOU ARE LIKELY TO BE ASKED TO PRODUCE ONE OF THE FOLLOWING DOCUMENTS:—

a passport; a driving licence; an employee or student identity card; a book issued in the State for payment of Social Welfare allowances, benefits or pensions; a medical card issued in the State; a free travel card issued in the State by the Department of Social Welfare; a travel document containing your name and photograph; a signing-on card (U.B. 15 or U.A. 22) issued in the State by the Department of Social Welfare; a Bank or Savings Bank book; a cheque book; a cheque card; a credit card; a credit union membership card; a birth certificate, a marriage certificate.

BE SURE TO BRING ONE OF THESE DOCUMENTS WITH YOU TO THE POLLING STATION, OTHERWISE YOU MAY NOT BE PERMITTED TO VOTE.

FAISNÉIS CÉANNACHTA

TÁ GACH DEALRAMH ANN GO N-IARRFAR ORT CEANN DE NA CÁIPÉISÍ SEO A THAISPEÁINT:—

pas; ceadúnas tiomána; cárta céannachta mic léinn nó fostaithe; leabhar íocaíochtaí liúntas, sochar nó pinsean Leasa Shóisialaigh arna eisiúnt sa Stát; cárta leighis arna eisiúnt sa Stát; cárta saor-thaistil arna eisiúnt sa Stát ag an Roinn Leasa Shóisialaigh; cáipéis taistil ar a bhfuil d'ainm agus do ghrianghraf; cárta dífhostaíochta (U.B. 15 nó U.A. 22) arna eisiúnt sa Stát ag an Roinn Leasa Shóisialaigh; leabhar Bainc nó Bainc Taisce; seicleabhar; seic-chárta; cárta creidmheasa; cárta baill d'aontas creidmheasa; teastas beireatais; teastas pósta.

DÉAN DEIMHIN DE CEANN DE NA CÁIPÉISÍ SEO A THABHAIRT LEAT GO DTÍ AN STÁISIÚN VÓTAÍOCHTA, MUNA MBÍONN CEANN ACU LEAT, BEIDH SEANS ANN NACH GCEADEOFAR DUIT VÓTÁIL.

Form S.V.1

THIRD SCHEDULE

Application for Entry in the Special Voters List

Please read the notes and instructions overleaf before completing the form.

PART A

I hereby declare that:—

(i) I am the person to whom the above particulars relate; and

(ii) I am unable to go in person to vote at the polling place for my district by reason of my physical illness or physical disability.

MEDICAL CERTIFICATE

PART B

(Back of Form)

The Special Voters List

The Electoral (Amendment) (No. 2) Act, 1986 introduced a special arrangement for voting by disabled electors. Under this arrangement, disabled electors may apply to have their names entered in the special voters list. At an election or referendum a ballot paper will be delivered to each person on the list by a special presiding officer accompanied by a member of the Garda Síochána. Having made a declaration of identity, the elector will mark his ballot paper in secret and place it in a sealed envelope which the special presiding officer will convey to the returning officer for the constituency. The returning officer will deal with it in the same manner as he deals with ballot papers returned by postal voters.

Persons who may apply: you may apply for the entry of your name in the special voters list if—

(a) you are unable to go in person to vote at the polling place for your polling district by reason of your physical illness or physical disability;

(b) the physical illness or physical disability is likely to continue for the period of continuance in force of the register of electors in respect of which the application is made;

(c) you are of sound mind and understanding and capable of comprehending the act of voting.

Completing the application form: The application form is divided into two parts, A and B. Part A of the form must be completed by you. Part B of the form must be completed by a doctor in accordance with the instructions on the form.

Where to send the application form: Completed and certified application forms must reach your registration authority not later than the closing date specified in the public notice. If posting the form a stamp is required.

If you live in the city of CORK, DUBLIN, GALWAY, LIMERICK or WATERFORD send the form to the City or Town Hall. Otherwise send the form to the head office of the County Council.

Action by the registration authority: If your application is granted you will be notified accordingly. If your application is refused you will be notified accordingly and given the reasons for the refusal.

It should be noted:—

(i) that application forms not received in time will be disregarded,

(ii) that your application will be deemed to be withdrawn if you fail, within the time specified, to furnish any information or documents which the registration authority require.

Form S.V.2

Form of Declaration of Identity by Special Voter

DECLARATION OF IDENTITY

(See notes and instruction on back of this form).

(Back of Form)

DECLARATION OF IDENTITY BY SPECIAL VOTER

Notes and Instructions

The special voter's ballot paper will be brought to him by a special presiding officer in the presence of a member of the Garda Síochána. This declaration of identity must be witnessed by the special presiding officer. If the special presiding officer is satisfied as to the voter's identity, he will give the voter a ballot paper. Having marked his ballot paper in secret, the voter will place it in a ballot paper envelope which he will seal and hand to the special presiding officer who will place it and the declaration of identity in an envelope addressed to the returning officer. He will convey the envelope to the returning officer who will treat it as if it were an envelope received from a postal voter.

Form S.V.3.

LABEL TO BE AFFIXED TO COVERING ENVELOPE

Form S.V.4

SPECIAL BALLOT PAPER ACCOUNT

Form S.V.5

Statement by Civil Servant serving outside the State

Please read the notes and instructions overleaf become completing the form.

PART A I am a civil servant and a qualified person to whom section 15 of the Electoral (Amendment) (No. 2) Act, 1986 , applies and, but for the requirements of my duties as such civil servant, I would be resident at—

+Answer "yes" or "no" in each case as appropriate.

WARNING: IT IS A SERIOUS OFFENCE, CARRYING HEAVY PENALTIES, TO APPLY FOR ENTRY IN THE POSTAL VOTERS LIST IN THE NAME OF ANOTHER PERSON OR KNOWINGLY TO GIVE FALSE OR MISLEADING INFORMATION IN COMPLETING THIS FORM.

PART B

CERTIFICATE

(To be completed by the Secretary of the Department of Foreign Affairs).

I certify that the person who has made the above statement is a qualified person within the meaning of section 15 (1) of the Electoral (Amendment) (No. 2) Act, 1986 .

Signature ........................................................

Date Stamp of Department.

(Back of Form)

Registration of Civil Servants serving outside the State

PLEASE READ THESE NOTES AND INSTRUCTIONS BEFORE COMPLETING THE FORM.

Special Registration Rules: Under the general law relating to the registration of electors, a person must be ordinarily resident in a constituency in the State in order to be eligible for registration. Section 15 of the Electoral (Amendment) (No. 2) Act, 1986 , modifies this requirement in relation to civil servants who are serving outside the State as members of diplomatic missions or consular posts. Such civil servants may, for the purpose of registration as electors, be deemed to be ordinarily resident in the premises in the State in which, but for the requirements of their duties, they would be resident. The address of the premises must be notified to the registration authority concerned. This special arrangement for registration applies also to the spouse of such a civil servant, if residing with him, but not to any other member of his household.

Qualification for Registration: The following are qualified for registration as electors under this arrangement:—

(a) A citizen of Ireland who has reached the age of 18 years and is a civil servant and is a member of a diplomatic mission or a consular post and who, for the time being, because of the requirements of his duties, is serving outside the State; and

(b) the spouse of such a civil servant, who is residing with him outside the State, is a citizen of Ireland and has reached 18 years of age.

Application for Registration: Application for registration must be made each year. To apply, the civil servant should complete Part A of this form, giving particulars in relation to himself and, where appropriate, his spouse and indicating the premises in Ireland in which he would be residing but for the requirements of his duties. The premises would normally be his home or former home. The precise address of the premises must be given. The certificate at Part B of the form must be completed by the Secretary, Department of Foreign Affairs, and the completed form forwarded to the registration authority (the county council or county borough corporation) for the area in which the premises is situated. The completed form must reach the registration authority not later than the 31st October to ensure registration in the register coming into force on the following 15th April.

Voting Arrangements: A person registered as an elector under these arrangements will be entered on the postal voters list and at each election or referendum a ballot paper and form of declaration of identity will be sent to him. He must make a declaration of identity and mark his ballot paper, in secret, in the presence of a person authorised for this purpose by the Secretary, Department of Foreign Affairs. The declaration of identity and the ballot paper should then be posted to the Returning Officer for the constituency concerned.

Form S.V.6

Electoral (Amendment) (No. 2) Act, 1986 .

Form of Declaration of Identity by Postal Voter

Registered as such pursuant to the above Act

(See Notes and Instructions overleaf)

(Back of Form)

DECLARATION OF IDENTITY BY POSTAL VOTER

Notes and Instructions

1. In this form "postal voter" means a person who is registred as a postal voter by reason of being a civil servant serving outside the State as a member of a diplomatic mission or a consular post or the spouse of such civil servant. "Authorised person" means a person appointed by the Secretary of the Department of Foreign Affairs to be present at voting by a postal voter.

2. The postal voter must produce to the authorised person—

(a) the ballot paper (showing it to be unmarked); and

(b) the form of declaration of identity.

He must then sign the declaration of identity in the presence of the authorised person who will witness his signature. In the presence of the authorised person, the postal voter will mark his ballot paper in secret, fold it and place it in the envelope marked "Ballot Paper Envelope". He will seal this envelope and place it, together with the declaration of identity, duly signed and witnessed, in the envelope addressed to the returning officer. This envelope must be dispatched so as to be received by the returning officer before the time fixed for the close of the poll; otherwise the ballot paper cannot be included in the count.

GIVEN under the Official Seal of the Minister for the Environment

this 9th day of January, 1987.

JOHN BOLAND,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations prescribe forms and dates in connection with the registration of and voting by disabled electors and civil servants attached to missions and their spouses resident abroad. The Regulations also amend the form of nomination paper and polling card.