Electoral (Amendment) Act, 2001

Procedure for voting.

41.—(1) Subject to the provisions of sections 38 and 79 of the Principal Act and sections 64, 99, 100, 103, 104, 105 and 111 of the Principal Act, as applied to this Part by sections 36, 38 and 46, the presiding officer shall permit a Dáil elector, who applies to vote and declares his name and address, to vote on a voting machine.

(2) Immediately before permitting a Dáil elector to vote—

(a) the number (including polling district letter) and name of the elector as stated in the register shall be called out,

(b) a mark shall be placed in the register against the number of the elector to denote that the elector has been permitted to vote, and

(c) the presiding officer or person authorised by him or her shall open the voting machine or enable the elector to open the machine.

(3) A Dáil elector on receiving permission to vote shall (subject to the provisions of section 103 of the Principal Act as applied to this Part) go alone to one of the voting machines in the polling station and there shall secretly record his or her preferences on the ballot paper displayed on the voting machine and shall then cast his or her vote by pressing the vote button on that machine. He or she shall vote without undue delay and shall leave the polling station as soon as he or she has voted.

(4) Where an elector fails to cast his or her vote by pressing the vote button on the machine, the presiding officer shall de-activate the voting machine without approaching the voting machine.

(5) In a case to which subsection (4) applies, an elector shall not be entitled to re-apply to vote at the poll.

(6) The presiding officer shall keep a separate record and make out a separate statement in a form directed by the Minister of the number of electors permitted to vote on each voting machine in the polling station and the number of instances arising under subsection (4) with respect to the machine.