PART II

Franchise and Registration of Electors

6. —In this Part, and in the Second Schedule —

“constituency” means, as the context may require, a constituency for which candidates may be elected at a Dáil election or a European election;

“Dáil constituency” means a constituency for which candidates may be elected at a Dáil election;

“elector” means, as the context may require, a presidential elector, a Dáil elector, a European elector or a local government elector;

“local authority” means the council of a county, the corporation of a county or other borough, the council of an urban district and the commissioners of a town;

“medical practitioner” means a person whose name is entered in the General Register of Medical Practitioners established under the Medical Practitioners Act, 1978 ;

“polling district” means a polling district in a scheme in force under section 28 ;

“the register” means, as the context may require, the register of presidential, Dáil, European and local government electors or the register of presidential electors or the register of Dáil electors or the register of European electors or the register of local government electors and, where the context so requires, includes the supplement to the register, the postal voters list and the special voters list;

“registration area” means an administrative county or county borough;

“registration authority” means the council of a county or the corporation of a county borough;

“the county registrar” means the county registrar for the county, county borough or other area coterminous with or contained in a registration area or a person appointed or designated under Rule 24 of the Second Schedule to perform the duties of a county registrar;

“qualifying date” has the meaning assigned to it in section 11 (2);

“the specified date” means, in relation to any purpose, the date specified in the Second Schedule as the specified date for that purpose.

7. —(1) A person shall be entitled to be registered as a presidential elector in a constituency if he has reached the age of eighteen years and if he was, on the qualifying date—

(a) a citizen of Ireland, and

(b) ordinarily resident in that constituency.

(2) For the purposes of—

(i) the Presidential Elections Acts, 1937 to 1992,

(ii) the Referendum Acts, 1942 to 1992, and

(iii) this Act,

“presidential elector” means a person entitled to vote at an election of a person to the office of President of Ireland.

(3) In the Presidential Elections Acts, 1937 to 1992 “elector”, when used alone, means a person described in subsection (1).

8. —(1) A person shall be entitled to be registered as a Dáil elector in a constituency if he has reached the age of eighteen years and he was, on the qualifying date—

(a) a citizen of Ireland, and

(b) ordinarily resident in that constituency.

(2) (a) In addition to those entitled to be registered under subsection (1) a person shall be entitled to be registered as a Dáil elector in a constituency if he is a person who has reached the age of eighteen years and who on the qualifying date—

(i) complied with the requirement of subsection (1) (b), and

(ii) was either—

(I) a British citizen, or

(II) a national of a Member State to which this subsection applied on that date.

(b) This subsection applies to a Member State which is for the time being the subject of a declaration under subsection (3).

(3) Where the Minister is of opinion that—

(a) the law of a Member State relating to the election of members of, or deputies or other representatives in or to, the National Parliament of that Member State enables citizens of Ireland, by reason of their being such citizens and being resident in that Member State, to vote at such an election, and

(b) the provisions of that law enabling citizens of Ireland who are so resident so to vote are the same, or are substantially the same, as those enabling nationals of that Member State so to vote,

the Minister may by order declare that Member State to be a Member State to which subsection (2) applies.

(4) (a) The Minister may by order specify criteria or other matters to which regard shall be had in order to determine whether or not a person is for the purpose of this section a national of a Member State and such order may provide that the provisions of the order shall relate to all Member States or to such one or more Member States as are specified in the order.

(b) An order under this subsection may amend the definition of “a British citizen” in paragraph (a) of subsection (7) or the provisions of paragraph (b) of the said subsection (7).

(c) In this subsection—

“Member State” means a Member State of the European Communities other than the State;

“national of a Member State” shall not be construed as referring to the State, or as including a citizen of the State.

(5) Where—

(a) an order under subsection (4) is for the time being in force, and

(b) a Member State to which the order applies is for the time being a Member State to which subsection (2) applies,

clause (II) of subsection (2) (a) (ii) shall be construed and have effect subject to the provisions of the order.

(6) (a) The Minister may revoke or amend an order under this section (including an order under this subsection).

(b) Where an order under this section (including an order under this subsection) is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(7) (a) Subject to subsection (4), in this section—

“a British citizen” means a person who under the Act of the British Parliament entitled the British Nationality Act 1981 is a British citizen;

“Member State”, except in subsection (4), means a Member State other than the State or the United Kingdom;

“national of a Member State”, except in subsection (4), shall not be construed as referring to the United Kingdom or as including a British citizen.

(b) The reference in paragraph (a) to the Act of the British Parliament mentioned in that paragraph is a reference to that Act as enacted by that Parliament on the 30th day of October, 1981.

9. —A person shall be entitled to be registered as a European elector in a constituency if he has reached the age of eighteen years and if, on the qualifying date, he was ordinarily resident in that constituency and was either—

(a) a citizen of Ireland, or

(b) a national of a Member State other than the State.

10. —A person shall be entitled to be registered as a local government elector in a local electoral area if he has reached the age ofeighteen years and he was, on the qualifying date, ordinarily resident in that area.

11. —(1) (a) A person shall not be registered as an elector more than once in any registration area nor in more than one such area.

(b) Where it appears that a person may, prima facie, be eligible for registration in respect of two or more premises, the question of which of such premises he shall be registered for shall, subject to any expression of choice by such person, be determined by the registration authority.

(c) Where the premises referred to in paragraph (b) are situated in two or more registration areas, the registration authority for each such area shall take such steps as it considers necessary to ensure that the person is not registered in respect of more than one such registration area.

(d) The provisions of sections 7 , 8 , 9 and 10 shall have effect subject to the provisions of this subsection.

(2) (a) The qualifying date for every register of electors shall be the date specified for that purpose in the Second Schedule .

(b) For the purposes of this Part, a person's age shall be taken to be that person's age on the date specified for that purpose in the Second Schedule .

(3) For the purposes of this Part—

(a) a person shall be deemed not to have given up ordinary residence if he intends to resume residence within eighteen months after giving it up,

(b) a written statement by a person that he intends to resume residence within eighteen months after giving it up shall, in the absence of evidence to the contrary, be accepted as a correct statement.

(4) (a) Where an elector who is a whole time member of the Defence Forces is resident in any barrack or other premises used for military purposes and there are premises in which he would, but for his service, be ordinarily resident on the qualifying date and, not later than the last day for making claims for registration, he furnishes to the registration authority for the registration area in which the last-mentioned premises are situate, a statement of such premises the statement shall, in the absence of evidence to the contrary, be accepted as a correct statement and he shall be registered in respect of those premises.

(b) (i) In this subsection “a whole time member of the Defence Forces” means—

(I) a member of the Permanent Defence Force, or

(II) an officer of the Reserve Defence Force employed continuously on military service or duty during a period during which a proclamation authorising the calling out of reservists on permanent service is in force, or during a period during which reservists are called out on permanent service under section 88 of the Defence Act, 1954 , or

(III) a reservist called out on permanent service.

(ii) In the foregoing subparagraph “the Permanent Defence Force”, “officer”, “the Reserve Defence Force”, “proclamation authorising the calling out of reservists on permanent service” and “reservist” have the same meanings respectively as they have in the Defence Act, 1954 .

(5) Where on the qualifying date, a person is detained in any premises in legal custody, he shall be deemed for the purposes of this section to be ordinarily resident in the place where he would have been residing but for his having been so detained in legal custody.

(6) Where on the qualifying date, a person is a patient or inmate in any hospital or home for persons suffering from mental disability or similar institution, he shall be deemed for the purposes of this section to be ordinarily resident in—

(a) in case the place where he would have been residing but for his having been such a patient or inmate can be ascertained by the registration authority — that place,

(b) in case the place mentioned in paragraph (a) cannot be ascertained by the registration authority — the place where he last resided before he became such a patient or inmate.

12. —(1) In this section—

“appropriate registration authority” means the registration authority for the area in which the premises referred to in subsection (3) (a) are situate;

“qualified person” means a citizen of Ireland who has reached the age of 18 years and is a civil servant and is a member of a mission and who, for the time being, because of the requirements of his duties, is serving outside the State;

“member of a mission” means a person—

(a) falling within the definition of “members of the mission” contained in the Vienna Convention on Diplomatic Relations done at Vienna on the eighteenth day of April, 1961, as set out in the First Schedule to the Diplomatic Relations and Immunities Act, 1967 , or

(b) falling within the definition of “members of the consular post” contained in the Vienna Convention on Consular Relations done at Vienna on the twenty-fourth day ofApril, 1963, as set out in the Second Schedule to the said Act, or

(c) who is a member of a Permanent Mission of Ireland to an international organisation;

“spouse” means a person who is the spouse of a qualified person and is a citizen of Ireland and has reached the age of 18 years and is residing with the qualified person outside the State.

(2) A person, who satisfies the appropriate registration authority that he is a qualified person, and the spouse of such person shall, for the purposes of this Part be deemed to be ordinarily resident on the qualifying date in the premises in the State in which, but for the requirements of his duties, the qualified person would be resident.

(3) A qualified person may, not later than the date specified for that purpose in the Second Schedule , send to the appropriate registration authority a statement in the form directed by the Minister providing the following information—

(a) the address of the premises in the State in which, but for the requirements of his duties, he would be resident on the qualifying date; and

(b) particulars of his spouse (if any).

(4) Every statement by a person pursuant to subsection (3) shall be accompanied by a certificate in the form directed by the Minister from the Secretary of the Department of Foreign Affairs certifying that such person is a qualified person.

(5) A statement by a qualified person as to the premises in the State in which he would be resident on the qualifying date shall, in the absence of evidence to the contrary, be accepted as a correct statement, and he and his spouse (if any) shall be registered in respect of those premises.

(6) A person who submits a statement to a registration authority pursuant to subsection (3) shall supply to the registration authority any information which such registration authority may require for the purposes of this section and the provisions of section 133 (1) shall apply to a requirement by a registration authority under this section.

13. —(1) A register by reference to registration areas consisting of administrative counties and county boroughs shall be prepared and published in every year of persons who were entitled to be registered as electors on the qualifying date and, in so far as it relates to presidential electors, it shall be the register of presidential electors, in so far as it relates to Dáil electors, it shall be the register of Dáil electors, in so far as it relates to European electors, it shall be the register of European electors and, in so far as it relates to persons entitled to vote at local elections, it shall be the register of local government electors.

(2) Every register of electors shall come into force on the date specified for this purpose in the Second Schedule and shall remain in force until the day before the date on which the next register comes into force.

(3) A reference in any existing enactment (other than this Act) to the electors lists shall, as the case may require, be construed as areference to the draft register prepared for the purposes of this Part, or the electors lists prepared, under section 16 , by a registration authority the subject of a direction under that section.

(4) For the purposes of subsection (3) “existing enactment” means an enactment in operation at the time of the passing of this Act.

14. —An elector shall be entered in the postal voters list if he is—

(a) a member of the Garda Síochána who not later than the last day for making claims for registration applies to be so entered, or

(b) a whole time member of the Defence Forces (as defined in paragraph (b) of subsection (4) of section 11 ), or

(c) a person who is deemed by virtue of section 12 to be ordinarily resident in premises in the State on the qualifying date.

15. —(1) A person who, on the qualifying date in respect of a register of electors, was entitled to be registered as an elector, but was not so registered in that register, may apply to the registration authority to have his name entered in a supplement to the register which the registration authority is hereby empowered to prepare and publish.

(2) The provisions of Part II of the Second Schedule shall apply to—

(a) consideration of applications under subsection (1) by the registration authority and the ruling on such applications by the registration authority,

(b) the ruling on an appeal against the decision of the registration authority, and

(c) the preparation and publication by the registration authority of a supplement to the register of electors.

(3) The registration authority shall, within the period after the publication of the register of electors specified for that purpose in the Second Schedule , ascertain if any corrections in the register are necessary because of errors of a clerical or typographical nature or because of misnomers or inaccurate descriptions and, if any such corrections are ascertained to be necessary, the registration authority shall publish a list of them and such list shall be deemed to form part of the register of electors and may form part of any supplement prepared pursuant to subsection (1).

(4) A supplement to the register of electors published by the registration authority under subsection (1) shall be deemed to form part of the register of electors.

(5) An application by a person to have his name entered in the supplement to the register, received by the registration authority on or after the twelfth day (disregarding any excluded day) before polling day at an election or referendum shall not have effect in relation to that election or referendum.

16. —(1) The Minister may, by direction, specify a registration authority or registration authorities which shall publish electors lists in place of the draft register referred to in rule 5 (6) of Part I of the Second Schedule .

(2) The electors lists shall consist of—

(a) the register of electors in force at the time of publication of the electors lists (in this Act referred to as List A),

(b) a list (in this Act referred to as List B) of persons entitled on the qualifying date to be registered as electors in respect of particular premises and whose names are not included in List A in respect of such premises, and

(c) a list (in this Act referred to as List C) of persons whose names appear on List A, and who, on the qualifying date were not entitled to be registered as electors in respect of the premises stated in List A.

(3) The Minister may give a direction under this section as often as he thinks fit.

(4) (a) The Minister may amend or revoke a direction under this section.

(b) Without prejudice to the generality of paragraph (a), a direction under this subsection may provide for the discontinuance of the publication of electors lists by a registration authority the subject of a direction under subsection (1), and for the publication by that registration authority of a draft register.

(5) Where a direction under subsection (1) is in force in respect of a registration authority, a reference in this Act or in any other enactment to the draft register shall be construed as a reference to electors lists insofar as it applies to the said registration authority.

17. —(1) The registration authority shall prepare a list (in this Act referred to as the “special voters list”) of persons (in this Act referred to as “special voters”) entitled to vote at a Dáil election in accordance with the provisions of Part XIV or at any other election or referendum in accordance with the Electoral (Amendment) (No. 2) Act, 1986 without removing the names of the special voters from the register of electors.

(2) The registration authority shall enter in the special voters list the name of every elector who applies to be so entered and who satisfies the registration authority that—

(a) he is unable to go in person to vote at the polling place for his polling district by reason of his physical illness or physical disability; and

(b) the physical illness or physical disability is likely to continue for the period of continuance in force of the register of electors in respect of which the application to be entered as a special voter is made.

(3) The special voters list shall be in such form as the Minister may direct.

(4) Part III of the Second Schedule shall apply to an application to be entered in the special voters list pursuant to subsection (2).

18. —(1) The Minister may, whenever he thinks proper so to do, issue to all or any registration authorities or authority such instructions in relation to the registration of electors as he shall consider necessary or expedient in order to ensure the smooth and efficient registration of electors and to secure uniformity of procedure in regard thereto in all registration areas.

(2) Subject to subsection (3), it shall be the duty of every registration authority to observe and comply with all instructions given to them by the Minister.

(3) No registration authority shall be required or authorised by an instruction given by the Minister under this section to do any act (whether of commission or omission) which is contrary to this Act.

19. —Where by reason of a revision of constituencies, a polling district or part of a polling district is situate in a new constituency, which is identical in area and name with none of the constituencies existing immediately before such revision, the Minister may by direction provide for the entry of the name of that new constituency in respect of the polling district or the part of the polling district in the register of electors in force at the time of the revision and in every such register coming into force subsequent to such revision.

20. —(1) It shall be the duty of each registration authority to prepare and publish the register of electors in accordance with the provisions of the Second Schedule .

(2) The Minister may, by regulations, amend the provisions of the Second Schedule whenever and as often as he thinks fit.

(3) Where regulations under this section are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

(4) (a) The Minister shall procure all printing or other reproduction required for registration purposes to be done in such manner as he considers proper.

(b) The Minister may, by arrangements made with the sanction of the Minister for Finance, secure that three quarters of the total cost of preparing and publishing the register of electors shall be borne by the State and, subject to the foregoing, the cost shall be borne by registration authorities.

(5) (a) Notwithstanding the provisions of paragraph (b) of subsection (4), where, in the opinion of the Minister, there are reasonable grounds for doing so, he may cause a greater proportion of the total cost of preparing and publishing the register to be borne by a registration authority than provided for in the said paragraph (b).

(b) Without prejudice to the generality of paragraph (a), the Minister may under this subsection cause a greater proportion of the cost of preparing and publishing the registerto be borne by the registration authority than that provided for under subsection (4) if in his opinion—

(i) there is undue delay attributable to the registration authority in the publication of the draft register or the register or the list of claims, or

(ii) there are deficiencies attributable to the registration authority in the register.

(c) Where the Minister proposes under this subsection to cause a greater proportion of the cost of preparing and publishing the register to be borne by the registration authority than provided for under subsection (4), he shall cause the reason for doing so to be furnished to the registration authority.

21. —(1) An appeal shall lie to the Circuit Court from any decision on any claim or objection which has been considered under Part I of the Second Schedule , or any application or objection which has been considered under Part II of the said Second Schedule .

(2) Subsection (1) shall be subject to the proviso that an appeal shall not lie where a claimant or objector or applicant has not availed himself of an opportunity provided in the Second Schedule of having his claim or objection or application decided in the first instance by the authority specified in that behalf in the said Schedule.

(3) An appeal to the Supreme Court shall lie on any point of law from a decision of the Circuit Court on any such appeal, but, save as aforesaid, there shall be no appeal from any such decision.

(4) The right of voting of any person whose name is for the time being on the register of electors shall not be prejudiced by an appeal pending under this section, and any vote given in pursuance of that right shall be as good as if no such appeal were pending, and shall not be affected by the subsequent decision on the appeal.

(5) Notice shall be sent to the registration authority in manner provided by rules of court of the decision of the Circuit Court or the Supreme Court on any appeal under this section, and the registration authority shall make such alterations in the register of electors as may be required to give effect to the decision.

22. — Section 40 (6) of the Court Officers Act, 1926 , as amended by section 7 (7) of the Electoral Act, 1963 , is hereby amended by the substitution for “under the regulations made pursuant to section 7 of the Electoral Act, 1963 ” of “pursuant to the Second Schedule to the Electoral Act, 1992”.

23. — Section 1 of the European Assembly Elections Act, 1977 , as amended by section 23 of the Electoral (Amendment) (No. 2) Act, 1986 , is hereby amended by the substitution for the definition of “the postal voters list” of the following definition:

“‘the postal voters list’ means the list prepared pursuant to section 14 of the Electoral Act, 1992;”.

24. —(1) Section 1 of the Electoral (Amendment) (No. 2) Act, 1986 , is hereby amended by the substitution for the definition of “special voters list” of the following definition:

“‘special voters list’ means the list of voters prepared by the registration authority pursuant to section 17 of the Electoral Act, 1992.”.

(2) Section 16 (1) of the Electoral (Amendment) (No. 2) Act, 1986 , is hereby amended by the substitution for “ section 15 of this Act” of “ section 12 of the Electoral Act, 1992”.