Electoral (Amendment) Act, 2001

Amendment of European Parliament Elections Act, 1997.

51.—The European Parliament Elections Act, 1997 , is amended—

(a) in section 2(1) by the insertion after the definition of “the Act of 1992” of the following definition:

“‘chief returning officer’ has the meaning assigned to it by section 15A;”;

(b) by the substitution in paragraph (b) of section 10 of “7 a.m.” for “8 a.m.”;

(c) in section 11 by the insertion of “on polling day or, if there is no polling day in relation to the constituency concerned by reason of the operation of Rule 23(1)(b), the day which is polling day generally throughout the State in relation to the election concerned” after “21 years”;

(d) by the insertion of the following section after section 15:

“Chief returning officer.

15A.—(1) Not later than the day on which an order appointing the polling day at a European election is made, the Minister shall appoint a person to be the chief returning officer for the purposes of this Act.

(2) It shall be the duty of the chief returning officer to receive the returns furnished to him or her in pursuance of this Act by the returning officer for each constituency, to make in the prescribed form to the Parliament a return of the persons elected pursuant to this Act and to do such other things in respect of a European election as he or she is required by law to do.

(3) There shall be charged on and paid out of the Central Fund or the growing produce thereof to the chief returning officer such sums as the Minister for Finance shall sanction for that officer's services and expenses in respect of a European election.”;

(e) by the substitution of “chief returning officer” for “Clerk of the Dáil” or “Clerk” where those words or that word occur in the following sections and Second Schedule, namely—

(i) section 16(2),

(ii) subsections (5) and (7) of section 20,

(iii) section 21(6)(c),

(iv) in the said Schedule—

(I) Rule 23(1)(b),

(II) Rule 27(2)(a),

(III) paragraphs (5) and (6) of Rule 39,

(IV) Rule 70(b),

(V) Rule 92(1),

(VI) paragraphs (1), (2), (3) and (4) of Rule 93,

(VII) Rule 94,

(VIII) Rule 121,

(IX) Rule 139(2);

(f) in section 18 by the substitution of the following subsection for subsection (6)—

“(6) On the request of a returning officer or local returning officer for an advance on account of the officer's charges, the Minister for Finance may, after consultation with the Minister, (irrespective of whether the scale of charges referred to in subsection (1) has been prepared or not), if the Minister for Finance thinks fit, and on such terms as the said Minister of the Government thinks fit, make such an advance.”;

(g) in Rule 5(3) of the Second Schedule by—

(i) the substitution of “section 25(7)(d)” for “section 25(4)(c)”;

(ii) the insertion of “and a copy of the political party's emblem as registered in the Register of Political Parties under Part III of the Electoral Act, 1992 ,” after “relevant political party”;

(iii) the insertion of “the name of the political party” after “ballot papers and” where those words first occur;

(h) in Rule 13 of the Second Schedule by the substitution of “paragraphs (3) to (5) of Rule 5” for “paragraph (3) or (4) of Rule 5” in paragraph (4);

(i) in Rule 18(3)(a) of the Second Schedule by the substitution of “section 25(7)(d)” for “section 25(4)(c)”;

(j) in Rule 50 of the Second Schedule by—

(i) the insertion of “subject to any modifications which may be provided for in regulations under paragraph 2(b)” after “Fourth Schedule” in paragraph (1);

(ii) the substitution of the following subparagraph for subparagraph (b) of paragraph (2):

“(b) a ballot paper may include a photograph of each candidate and the emblem registered in the Register of Political Parties under Part III of the Electoral Act, 1992 , of the candidate's political party in accordance with the requirements prescribed in regulations which may be made by the Minister (and such regulations may provide for the modification of the form of the ballot paper for that purpose),”;

(iii) the insertion of “and the modifications which may be provided for in regulations under paragraph (b)” after “Fourth Schedule” in subparagraph (i) of paragraph (2);

(iv) the insertion of the following paragraph after paragraph (2):

“(2A) A notice containing a copy of the ballot paper in large print shall be displayed by the presiding officer in the polling station.”;

(k) in Rule 54 of the Second Schedule by the insertion of “and where appropriate, other information concerning the poll” after “Rule 72” in paragraph (1);

(l) in Rule 59 of the Second Schedule by the insertion of “or who are unable to read or write to such an extent” after “physically incapacitated” in paragraph (f);

(m) in Rule 60 of the Second Schedule by—

(a) the insertion of “(1)” before “Where”, and

(b) the insertion of the following paragraph after paragraph (1):

“(2) (a) Where a European elector is employed by a returning officer or a local returning officer for any purpose in connection with a European election and is registered to vote in a constituency, other than one in which the employment occurs, the elector shall, on application being made by him or her in that behalf, be entitled to have his or her name entered in a supplement to the postal voters list which the registration authority is empowered to prepare and publish in accordance with section 15A of the Electoral Act, 1992 . An application under this paragraph shall be made on a form directed by the Minister, and the local returning officer who is employing the person shall certify on the form that the person will be employed by him or her on polling day in connection with the election and will be unable to vote in person in the constituency at the polling station at which the European elector would otherwise be entitled to vote.

(b) Section 15A(2)(d) of the Electoral Act, 1992 , shall apply to an application for entry in a supplement to the postal voters list under paragraph (a) as if references in that provision to paragraph (a) or (b) of section 14 were references to this paragraph.

(c) Subsection (4) of section 15A of the Electoral Act, 1992 , shall not apply to an application under this paragraph.”;

(n) in Rule 64 of the Second Schedule by the insertion in paragraph (3) of “or he or she is unable to read or write to such an extent” after “physically incapacitated.”;

(o) in Rule 72 of the Second Schedule—

(a) by the substitution of the following subparagraph for subparagraph (iii) (including the text in brackets) of paragraph (1)(c):

“(iii) Have you reached the age of eighteen years?”;

and

(b) by the substitution of “have attained the age of eighteen years” for “had attained the age of eighteen years on ...... (date of coming into force of the register)” in paragraph (1)(d);

(p) in Rule 75 of the Second Schedule by the insertion of the following paragraph after paragraph (1)—

“(1A) For the purposes of paragraph (1)(a), the manner in which a ballot box, being a ballot box containing not more than 50 ballot papers, shall be opened shall be such that, although the box is opened, in the presence of the agents of the candidates, the preferences on the individual ballot papers cannot be read by those agents or other persons present at the count.”;

(q) in Rule 85 of the Second Schedule by—

(i) the substitution of “shall not” for “need not necessarily” in paragraph (8); and

(ii) the substitution of the following paragraph for paragraph (11):

“(11) Subject to paragraphs (8) and (9), where two or more candidates have each an equal surplus arising from different counts, a surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count.”;

(r) in Rule 88 of the Second Schedule by the insertion of the following paragraph after paragraph (1)—

“(1A) When the number of continuing candidates exceeds by one the number of vacancies remaining unfilled and the total of the votes credited to the lowest continuing candidate together with the surplus or surpluses not transferred is less than the number of votes credited to the next highest continuing candidate, the continuing candidates, with the exception of the lowest such candidate, shall thereupon be deemed to be elected.”;

(s) in Rule 92(3) of the Second Schedule by the insertion of “the chief returning officer,” after “Minister,” where that word first occurs;

(t) by the deletion of Rule 95 of the Second Schedule;

(u) in Rule 118 of the Second Schedule by the substitution of “50 metres” for “100 metres” in paragraph (2);

and

(v) in Rule 139(1) of the Second Schedule by the insertion of “the chief returning officer,” after “concerned”.