Electoral (Amendment) Act 2004

Use of voting machines and electronic vote counting.

5.—(1) Notwithstanding the provisions contained in Parts III and V of the Act of 1993, Parts II and III of the Act of 1994, Parts VI to XI of the Second Schedule to the Act of 1997 and Parts IX to XIII of the Regulations of 1995, voting and vote counting at an election or at a referendum may be undertaken on voting system equipment approved for such purpose under Part 3 of the Act of 2001.

(2) Save to the extent that provision corresponding to a provision of that Part is made elsewhere by this Act, Part 3 of the Act of 2001 shall apply to an election or referendum referred to in subsection (1) as if a reference in that Part to a Dáil election were a reference to such an election or referendum as appropriate and with other necessary modifications.

(3) The Minister may, if he or she is of opinion that the public interest so requires, by order designate—

(a) one or more or all constituencies,

(b) one or more or all local electoral areas,

as being a constituency or constituencies or a local electoral area or areas in which voting system equipment approved under section 36(1) of the Act of 2001 shall be used at an election or referendum.

(4) The Minister may by order amend or revoke an order under this section or section 36(2) of the Act of 2001 (including an order under this subsection made in relation to either of those sections).

(5) The Minister may, whenever he or she thinks proper so to do, issue to a returning officer such instructions in relation to voting and vote counting under this Part as he or she shall consider necessary or expedient in order to ensure smooth and efficient voting and vote counting and to secure uniformity of procedures under this Part.

(6) A returning officer shall not be required or authorised by an instruction given by the Minister under subsection (5) to do any act (whether of commission or omission) which is contrary to the Act of 1993, the Act of 1994, the Act of 1997 or the Regulations of 1995.