Electoral Reform Act 2022
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Number 30 of 2022 | ||
ELECTORAL REFORM ACT 2022 | ||
CONTENTS | ||
Preliminary and general | ||
Section | ||
1. Short title, collective citations, construction and commencement | ||
Electoral Commission | ||
Definitions | ||
Establishment of Commission | ||
Governance arrangements for Commission | ||
10. Recommendations for appointment of ordinary members of Commission | ||
11. Terms and conditions of appointment of members of Commission | ||
12. Ineligibility and disqualification of ordinary members of Commission | ||
21. Appointment and reappointment of chief executive of Commission | ||
24. Accountability of chief executive to Public Accounts Committee | ||
26. Accountability of chief executive for accounts of Commission | ||
Functions of Commission | ||
Referendum functions | ||
33. Declaration that body is an approved body for purposes of a referendum | ||
35. Obligation to provide information or statutory declaration if required | ||
39. Reports and information to Minister and Joint Oireachtas Committee | ||
Registration of political parties functions | ||
45. Qualifying criteria for registration of political parties | ||
49. Notification of decision on application for registration | ||
53. Requirement to comply with request by Registrar for information | ||
54. Registration in relation to particular types of election | ||
Dáil and European Parliament constituency review functions | ||
Local electoral area boundary review functions | ||
61. Local Electoral Area Boundary Review functions of Commission | ||
Research, advisory and voter education functions | ||
Oversight of electoral register | ||
Amendments to other enactments | ||
73. Amendment of Houses of the Oireachtas Commission Act 2003 | ||
74. Amendment of Local Elections (Disclosure of Donations and Expenditure) Act 1999 | ||
Franchise and registration of electors | ||
Amendments to Act of 1992 | ||
103. Provision of postal vote to special voter in certain circumstances | ||
Amendments to Electoral Act 1997 | ||
Amendments to other enactments | ||
Regulation of online political advertising | ||
121. Public information requirements for online political advertisements | ||
122. Obligations on online platforms regarding online political advertisements | ||
124. Obligations on buyers regarding online political advertisements | ||
125. Online political advertisements commissioned from outside the State | ||
139. Power of Commission to request information from other persons | ||
Regulation of electoral process information, online electoral information and manipulative or inauthentic behaviour | ||
Preliminary | ||
Obligations on online platform | ||
148. Obligation on online platform to provide information to Commission | ||
149. Obligation on online platform in relation to notification mechanism | ||
Powers of Commission | ||
150. Monitoring, and investigation, of online electoral information | ||
157. Manipulative or inauthentic behaviour (including undisclosed bot activity) notice | ||
158. Application to court for order directing compliance with notice or order | ||
Procedural rights | ||
Codes of conduct | ||
Consultation | ||
Offences and penalties | ||
165. Offence of failing to comply with notice or order issued under sections 153 to 157 | ||
167. Offence of using undisclosed bot to mislead or influence election or referendum | ||
168. Offence of failure to comply with obligations placed on online platform | ||
Miscellaneous | ||
Advance polling during pandemic or Covid-19 | ||
Amendment of Act of 1992 | ||
Amendment of Act of 1994 | ||
Amendment of Act of 1993 | ||
Amendment of Act of 1997 | ||
Amendment of Act of 2001 | ||
Amendment of Local Elections Regulations 1995 | ||
Amendment of Electoral Act 1997 - Political donations and accounts | ||
199. Amendment of Principal Act - insertion of sections 91 and 92 | ||
Polling on Islands | ||
Lottery fundraising by political parties | ||
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Acts Referred to | ||
Adoption Act 1952 (No. 25) | ||
Adoption Act 1991 (No. 14) | ||
Broadcasting Act 2009 (No. 18) | ||
Central Bank Act 1942 (No. 22) | ||
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) | ||
Civil Registration Act 2004 (No. 3) | ||
Civil Service Regulation Act 1956 (No. 46) | ||
Civil Service Regulation Acts 1956 to 2005 | ||
Companies Act 2014 (No. 38) | ||
Comptroller and Auditor General (Amendment) Act 1993 (No. 8) | ||
Comptroller and Auditor General Acts 1866 to 1998 | ||
Court Officers Act 1926 (No. 27) | ||
Court Officers Act 1945 (No. 25) | ||
Courts (No. 2) Act 1997 (No. 43) | ||
Credit Union Act 1997 (No. 15) | ||
Data Protection Act 2018 (No. 7) | ||
Domestic Violence Act 2018 (No. 6) | ||
Electoral (Amendment) Act 2006 (No. 33) | ||
Electoral Act 1992 (No. 23) | ||
Electoral Act 1997 (No. 25) | ||
Electoral Acts 1992 to 2019 | ||
European Communities Act 1972 (No. 27) | ||
European Communities Acts 1972 to 2012 | ||
European Parliament Elections Acts 1992 to 2019 | ||
Friendly Societies Acts 1896 to 2021 | ||
Garda Síochána Act 2005 (No. 20) | ||
Industrial and Provident Societies Acts 1893 to 2021 | ||
Interpretation Act 2005 (No. 23) | ||
Local Elections (Disclosure of Donations and Expenditure) Act 1999 (No. 7) | ||
Local Government Act 1991 (No. 11) | ||
Local Government Act 2001 (No. 37) | ||
Medical Practitioners Act 2007 (No. 25) | ||
Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c. 93) | ||
Presidential Elections Act 1993 (No. 28) | ||
Presidential Elections Acts 1992 to 2006 | ||
Presidential Elections Acts, 1937 to 1992 | ||
Public Service Management (Recruitment and Appointments) Act 2004 (No. 33) | ||
Referendum Act 1994 (No. 12) | ||
Referendum Act 1998 (No. 1) | ||
Referendum Acts 1992 to 2013 | ||
Referendum Acts, 1942 to 1992 | ||
Seanad Electoral (Panel Members) Acts 1947 to 2018 | ||
Seanad Electoral (University Members) Acts 1937 to 2015 | ||
Taxes Consolidation Act 1997 (No. 39) | ||
| ||
Number 30 of 2022 | ||
ELECTORAL REFORM ACT 2022 | ||
An Act to provide for the establishment of An Coimisiún Toghcháin; to confer on the Commission certain functions in relation to the preparation and maintenance of the Register of Political Parties; to provide that the Commission shall explain, to the public, the subject matter of referendums; to provide that the Commission shall provide information, to the public, on electoral processes and encourage participation, by the public, in the democratic processes of the State; to provide for the review, by the Commission, of constituencies for the election of members to Dáil Éireann and to the European Parliament; to provide for the review, by the Commission, of local authority electoral area boundaries; to confer on the Commission a policy, research and advisory function; to provide that the Commission shall oversee the electoral register; to confer on the Commission the power to set standards for registration authorities and make recommendations to registration authorities or to the Minister in relation to the registration of electors; to modernise the arrangements for the registration of electors; to provide for continuous registration on the basis of individual application; to provide for necessary and appropriate data sharing to assist registration authorities in updating and maintaining the register; to provide for annual reporting by registration authorities to the Commission; to provide for a designated registration authority to manage a shared database for registration authorities to use in the performance of their functions; to provide for anonymous registration in certain limited cases; to provide a specific registration process for persons with no fixed address; to provide for a pending electors list for persons aged 16 and 17; to provide for the extension of postal voter categories to include special voters in certain circumstances; to provide a framework for the regulation of online political advertising during election periods by the Commission; to provide for the labelling of online political advertisements; to provide for transparency notices for online political advertisements; to confer on the Commission the power to monitor compliance, carry out investigations and take enforcement action under this Act in so far as it relates to online political advertising; to provide for a regulatory framework to protect the integrity of elections and referendums against the dissemination or publication of online disinformation, online misinformation and manipulative or inauthentic behaviour online; to facilitate elections during a pandemic or Covid-19; to provide for polling on the islands; to amend the Electoral Act 1997 to enhance transparency in relation to certain donations to political parties and to provide, inter alia, for the preparation by political parties of consolidated annual statements of accounts; to provide for the holding of fundraising lotteries by political parties; and to provide for related matters. | ||
[25th July, 2022] | ||
Be it enacted by the Oireachtas as follows: |
