Electoral Act, 1992

Amendment of European Assembly Elections Act, 1977.

172.—The European Assembly Elections Act, 1977 is hereby amended by—

(a) the substitution of the following subsection for subsection (2) of section 12:

“(2) The Minister shall, not later than the first day of December, 1993 and at least once in every ten years thereafter, submit to the Oireachtas proposals for a review of the constituencies for which candidates shall be elected under this Act to be representatives in the Parliament.”;

(b) the substitution of the following paragraph for paragraph (1) of Rule 18 of the First Schedule:

“(1) Subject to paragraph (3) of this Rule, each candidate at a European election shall, subject to such conditions as may be specified under section 74 of the Postal and Telecommunications Services Act, 1983 , be entitled to send, free of any charge for postage, to each person on the register of European electors for the constituency or to any combination of such persons, one postal communication containing matter relating to the election only and not exceeding 50 grammes in weight.”;

(c) the substitution of the following paragraphs for paragraphs (2) and (3) of Rule 28 of the First Schedule:

“(2) A polling card shall be addressed to the European elector at the address in respect of which he is registered in the register of European electors and shall be delivered at that address not later than the third day before the polling day.

(3) Where a polling card is dispatched by post it shall be transmitted without prepayment of the charges therefor by the earliest practicable post.”;

(d) the insertion of the following Rule after Rule 58 of the First Schedule:

“Endorsing of ballot paper by returning officer.

58A.—The returning officer may endorse on any paper which he does not reject as invalid an indication of his decision on it without, however, interfering with any mark placed by the elector on the ballot paper.”; and

(e) the insertion of the following Rule after Rule 83 of the First Schedule:

“Obstruction of or interference with electors.

83A.—(1) A person shall not interfere with or obstruct or impede an elector going to or coming from or in the vicinity of or in a polling station.

(2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, including a poll which has been adjourned under Rule 43, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 100 metres of such station, for the purpose of promoting the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates or for any contrary purpose, do any or all of the following things:

(a) loiter or congregate with other persons;

(b) attempt to induce, by any means whatsoever, an elector to vote for a candidate or candidates or vote in a particular way or refrain from voting,

(c) display or distribute any notice, sign or poster (other than a notice, sign or poster displayed by the local returning officer) or card, circular or other document relating to the election; or

(d) use or cause to be used any loud-speaker or other public address mechanism to broadcast matter relating to the election.

(3) For the purpose of this Rule, a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate and the distance referred to in paragraph (2) shall be measured from any entrance to the polling station or to the curtilage thereof.

(4) A person who contravenes paragraph (1) or (2) shall be guilty of an offence.”.