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38 2001

ELECTORAL (AMENDMENT) ACT, 2001

PART 3

Direct Vote Recording and Electronic Vote Counting

Interpretation (Part 3).

35. —In this Part—

“cartridge or disc” means a device that is used in a voting machine to record each vote;

“electronic” includes electrical, digital, magnetic, optical, electro-magnetic, biometric, photonic and any other form of related technology;

“electronic voting system” means a voting system in which the votes are automatically counted and the results automatically tabulated by use of electronically operated apparatus;

“voting machine” means an apparatus on which voters cast their votes, that records each vote, and that furnishes a total of the number of votes cast on the machine at a poll at the election or, as the case may be, cast at a referendum;

“voting system” means a method of casting and counting votes that is designed to function wholly or partly by use of mechanical, electro-mechanical or electronic apparatus and includes the procedures for casting and counting votes and the programmes, operating manuals, printouts and other software necessary for the system's operation;

“voting system equipment” means any kind of mechanical, electro-mechanical or electronic apparatus for use in a voting system.

Direct vote recording and electronic vote counting.

36. —(1) Notwithstanding the provisions contained in Parts XVII, XVIII and XIX of the Principal Act, voting and vote counting at a Dáil election may be undertaken on voting system equipment approved for such purposes by the Minister.

(2) The Minister may by order designate a constituency or constituencies in which voting machines and electronic voting systems or other equipment approved under subsection (1) shall be used at Dáil elections.

(3) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made.

(4) The Minister may, subject to section 31 of the Principal Act, whenever he or she thinks proper so to do, issue to all returning officers or any 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.

(5) No returning officer shall be required or authorised by an instruction given by the Minister under subsection (4) to do any act (whether of commission or omission) which is contrary to this Part or the Principal Act.

(6) Sections 96, 98, 99, 100 and 106 of the Principal Act shall apply to voting under this Part.

Expenses.

37. —(1) The expenses incurred by returning officers in acquiring voting systems for the purposes of this Part shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof.

(2) On request of a returning officer for an advance on account of his or her expenses under subsection (1), the Minister for Finance may, if he or she thinks fit on such terms as he or she thinks fit, make such an advance.

(3) An advance under subsection (2) may be made to a returning officer irrespective of whether an order under section 96(1)(a) of the Principal Act has been made or not or a scale of maximum charges under section 32 of the Principal Act has been made or not.

(4) An account of expenses under this section shall be included in the account to be submitted by the returning officer concerned to the Minister for Finance under subsection (2) of section 32 of the Principal Act.

(5) The expenses incurred by the Minister in taking steps to advertise or otherwise give publicity to any voting system to be, or which has been, introduced in one or more constituencies or to provide an educational scheme in respect of such a system (which steps the Minister is hereby empowered to take) shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of the Central Fund or the growing produce thereof.

Modification of certain provisions of Principal Act.

38. —For the purpose of the application by virtue of this Act to voting and the counting of votes under this Part of certain provisions of the Principal Act, the said provisions as so applied shall have effect as if—

(a) a reference in any such provision to a ballot paper or ballot papers, other than in the case of postal voting and voting by special voters, were a reference, where appropriate, to a ballot paper displayed on a voting machine;

(b) a reference in any such provision to mark or marking in relation to a ballot paper, other than in the case of postal voting and voting by special voters, were a reference to pressing the designated space adjacent to a candidate's details on a ballot paper displayed on a voting machine;

(c) a reference in any such provision to a ballot box or ballot boxes, other than in the case of postal voting and voting by special voters, were a reference to a voting machine or voting machines;

(d) in section 30(3) of that Act, for “open the ballot boxes and count the votes”, in each place where those words occur, there were substituted “open the postal voter ballot boxes and count the votes in accordance with Part 3 of the Electoral (Amendment) Act, 2001,”;

(e) in section 31 of that Act, there were inserted “and the Electoral (Amendment) Act, 2001” after “with this Act”;

(f) in section 37(1) of that Act, there were inserted “and the Electoral (Amendment) Act, 2001” after “this Act”;

(g) in section 40 of that Act, there were inserted “or any votes cast on ballot papers on voting machines” after “any ballot papers used”;

(h) in section 58(a) of that Act, there were inserted “and the Electoral (Amendment) Act, 2001” after “Act”;

(i) in section 60 of that Act—

(i) there were inserted “and at the entry of votes on postal voters ballot papers on a voting machine” after “boxes” in paragraph (c) of subsection (1);

(ii) for “ballot boxes have been sealed by the presiding officer pursuant to section 110(2)” in subsection (6), there were substituted “voting machines are closed down by the presiding officer pursuant to section 42 of the Electoral (Amendment) Act, 2001”;

(iii) there were inserted “and the entry of votes on postal voters ballot papers on a voting machine” after “postal ballot boxes” where those words first occur in subsection (7) and there were inserted “and the votes on the postal voters ballot papers are entered on a voting machine” after “to be opened” in that subsection; and

(iv) there were inserted “or the Electoral (Amendment) Act, 2001,” after “this Act” in subsection (11);

(j) in section 62(3) of that Act, there were inserted “and any votes cast on ballot papers on voting machines” after “ballot papers” in paragraph (a);

(k) in section 63(1) of that Act, there were inserted “and any votes cast on ballot papers on voting machines” after “ballot papers” in subparagraph (i) of paragraph (c);

(l) in section 64 of that Act for “ballot paper placed in a ballot box” there were substituted “vote cast on a ballot paper on a voting machine”;

(m) in section 66(1) of that Act there were deleted “, and indistinguishable from,” and for “delivered to” there were substituted “installed on a voting machine used by”;

(n) in section 67 of that Act, there were inserted “and the counting of postal voters and special voters votes in accordance with section 43 of the Electoral (Amendment) Act, 2001” after “therein”;

(o) in section 72 of that Act, the substitution of “After the final delivery of post to the returning officer on polling day but before” for “At the hour fixed for”;

(p) in section 73 of that Act—

(i) there were deleted “time fixed for the” in subsection (1);

(ii) there were inserted “and enter the votes on the ballot papers in the postal voters ballot box on a voting machine” after “therein” in subsection (2); and

(iii) there were inserted in subsection (4) after “section 75.” “He shall count and note the number of ballot papers not contained in ballot paper envelopes placed in the ballot box.”;

(q) in section 75 of that Act for “as a ballot box for the purposes of section 114” there were substituted “in accordance with section 43 of the Electoral (Amendment) Act, 2001. The returning officer shall count and note the number of ballot papers placed in the ballot box and include such details and the details referred to in section 73(4) in the statement referred to in section 76(5)”;

(r) in section 76 of that Act, there were inserted “, the unused ballot papers” after “postal voters list”, where these words first occur in subsection (1);

(s) in section 85 of that Act—

(i) for “ballot boxes”, in such places where those words occur in subsections (1)(b) and (2)(c), there were substituted “cartridges or discs from voting machines”;

(ii) for “at or before the hour of 9 a.m. on the day next after polling day” in subsection (1)(b) there were substituted “forthwith”; and

(iii) for “reach the place for the counting of the votes at or before the hour of 9 a.m. on the day next after the polling day appointed by the Minister” in subsection (2)(c) there were substituted “be sent to the place for the counting of the votes forthwith”;

(t) in section 86 of that Act, for paragraph (b) there were substituted:

“(b) where, after the poll has continued for not less than four hours, the presiding officer is of opinion that if the poll were further continued the cartridges or discs from voting machines could not be sent to the place for the counting of the votes forthwith, he may then close the poll.”;

(u) in section 88 of that Act—

(i) there were inserted “for postal and special voters” after “ballot papers” in each place where those words occur in paragraph (d) of subsection (2); and

(ii) there were inserted “, if any,” after “counterfoil” in that paragraph (d);

(v) in section 89(1) of that Act, there were inserted “for a postal or special voter” after “ballot paper”;

(w) in section 91 of that Act, there were inserted “voting machines,” after “ballot boxes,” in each place where those words occur;

(x) in section 94 of that Act—

(i) in subsection (5)—

(I) for “compartments” in paragraph (a) there were substituted “voting machines”;

(II) there were deleted paragraphs (c), (d) and (e); and

(III) in paragraph (i) (inserted by the Electoral (Amendment) Act, 1996 ) there were deleted “and placing in the ballot box”;

and

(ii) in subsection (6), for “numbers on the ballot papers” there were substituted “serial numbers of the voting machines”;

(y) in section 103 of that Act—

(i) in subsection (1), for “for a ballot paper” there were substituted “to vote”;

(ii) in subsection (2), for “delivery of the ballot paper” there were substituted “permitting the elector to vote”;

(iii) in subsection (3), for “into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper in the ballot box” there were substituted “to a voting machine in the polling station and then vote on the ballot paper displayed on the voting machine for the elector”;

(iv) in subsection (4), for “delivery of the ballot paper” there were substituted “permitting that person to vote for the elector”; and

(v) in subsection (5), for “fold it and place it in the ballot box” there were substituted “vote on the voting machine”;

(z) in section 104 of that Act—

(i) in subsection (1)—

(I) for “a ballot paper”, where those words first occur, there were substituted “a permission to vote”;

(II) for “for a ballot paper” there were substituted “to vote”; and

(III) for “to receive a ballot paper and mark and place it in the ballot box” there were substituted “to vote”;

and

(ii) in subsection (2)—

(I) for “ballot papers issued pursuant to this section” there were substituted “cases arising under subsection (1)”; and

(II) for “such papers” there were substituted “such permissions” referred to in that subsection;

(aa) in section 105 of that Act—

(i) in subsection (1), for “for or has applied for a ballot paper” there were substituted “to vote or has voted”; and

(ii) in subsection (2), for “for a ballot paper”, in each place where those words occur, there were substituted “to vote”;

(bb) in section 107(3) of that Act, for “open any of the ballot boxes” there were substituted “open the postal voters ballot box or cause to be read any votes on a cartridge or disc from any voting machine”;

(cc) in section 108 of that Act—

(i) there were inserted “and the Electoral (Amendment) Act, 2001,” after “this Act” in paragraph (c); and

(ii) for “open any of the ballot boxes” in paragraph (d) there were substituted “open the postal voters ballot box or cause to be read any votes on a cartridge or disc from any voting machine”;

(dd) in section 109 of that Act—

(i) there were inserted “or voting machines” after “ballot boxes or ballot papers” where those words first occur;

(ii) there were inserted “postal or special voter” after “(in the case of”;

(iii) for “ballot boxes or ballot papers” in paragraph (a) there were substituted “voting machines”;

(iv) in paragraph (e) there were inserted “and the Electoral (Amendment) Act, 2001,” after “this Act”; and

(v) in paragraph (f) for “open any of the ballot boxes” there were substituted “open the postal voters ballot box or cause to be read any votes on a cartridge or disc from any voting machine”;

(ee) in section 111 of that Act, for “for a ballot paper” in paragraphs (b), (c) and (d) of subsection (2) there were substituted “to vote”;

(ff) in section 112 of that Act, there were inserted “and cartridges or discs from voting machines” after “ballot papers”;

(gg) in section 113(3) of that Act, for “the ballot papers have been correctly sorted” there were substituted “all the cartridges or discs from voting machines have been correctly accounted for”;

(hh) in section 117 of that Act, for “ballot papers” there were substituted “cartridges or discs from voting machines”;

(ii) in section 129 of that Act—

(i) in subsection (1) there were deleted all the words from “sealed packets” down to and including “polling stations,” and there were substituted “sealed packets the cartridges or discs from voting machines and the statements referred to in sections 40(1), 42(2) and 43(5) and (6) of the Electoral (Amendment) Act, 2001,”; and

(ii) for “section 114” in paragraph (b) of subsection (2) there were substituted “ section 44 of the Electoral (Amendment) Act, 2001”;

(jj) in section 130 of that Act—

(i) the substitution for paragraph (d) of subsection (2) of the following:

“(d) the cartridge or discs referred to in subsection (1) of section 129 (as that subsection applies by virtue of Part 3 of the Electoral (Amendment) Act, 2001) and the documents referred to in paragraphs (a) and (b) of section 43 (9) of that Act.”.

(ii) there were inserted “or the Electoral (Amendment) Act, 2001,” after “this Act” in subsection (3);

(kk) in section 131 of that Act there were inserted “and the Electoral (Amendment) Act, 2001,” after “Act”;

(ll) in section 134 of that Act—

(i) for “for a ballot paper” in paragraphs (a) and (b) of subsection (1) there were substituted “to vote”;

(ii) for “obtained a ballot paper” in subsection (1)(b) there were substituted “voted”;

(iii) there were deleted “(otherwise than under section 102)” in paragraph 1(b); and

(iv) in subsection (2) for “obtained a ballot paper” there were substituted “been permitted to vote”;

(mm) in section 137 of that Act—

(i) in subsection (1), there were inserted “or at the entering of votes from postal and special voters ballot papers on a voting machine” after “postal ballot boxes”;

(ii) in subsection (1)(b), for “the said issue or the said voting or the said opening” there were substituted “the said issue, voting, opening or entering”;

(iii) in subsection (2), for “for a ballot paper” there were substituted “to vote” and “or as to the official mark” were deleted;

(iv) in subsection (4)(a), for “marking his ballot paper” there were substituted “voting”;

(v) in subsection (4)(b), there were deleted “, or as to the number on the back of the ballot paper issued to a voter at that station”; and

(vi) in subsection (4)(c), for “display his ballot paper after the said voter has marked it so as to make known” there were substituted “disclose”;

(nn) in section 138(a) of that Act, there were inserted “or voting machine or cartridge or disc from a voting machine or software or other voting system equipment used for voting or vote counting” after “or any unused ballot paper”;

(oo) in section 150 of that Act, the reference to section 103 were a reference to section 103 as applied to this Part by section 46 ;

(pp) in section 153 of that Act, there were inserted “or a cartridge or disc from a voting machine” after “ballot paper”;

(qq) in section 161 of that Act, there were inserted “and the entering of votes on postal and special voter ballot papers on a voting machine” after “postal ballot boxes” in paragraph (c);

(rr) in section 163 of that Act, there were inserted “or the Electoral (Amendment) Act, 2001,” after “this Act”; and

(ss) in section 165(2) of that Act—

(i) there were inserted “postal voters and special voters” before “ballot papers” in paragraph (b);

(ii) there were inserted “or voting machines” after “ballot boxes” in paragraph (d); and

(iii) paragraph (e) were deleted.

Preparation of voting machine.

39. —(1) The returning officer shall, after the content of a ballot paper is finalised, arrange to have—

(a) the ballot paper prepared for use on voting machines and installed on the voting machines for his or her constituency; and

(b) the details of the ballot paper referred to in paragraph (a) inserted in the relevant cartridge or disc for recording votes to be cast on each such voting machine and such cartridge or disc installed in such voting machine.

(2) The returning officer shall ensure that, after installing a ballot paper and a cartridge or disc as aforesaid in the machine, each voting machine is operating satisfactorily.

(3) The returning officer shall cause the compartment of the machine which contains a cartridge or disc to be locked in such a manner as to prevent the compartment being interfered with without breaking the lock except in accordance with section 42 .

Opening of the poll.

40. —(1) Immediately before the commencement of the poll the presiding officer at each polling station, after ensuring that the lock on the machine referred to in section 39 has not been interfered with, shall operate the voting machine in his or her charge to demonstrate to such persons as are present in the polling station that no votes are cast or recorded on the machine. The presiding officer shall cause a printed statement to be produced by the machine showing the names of candidates on the ballot paper and that no votes are cast or recorded on the machine. The statement shall be signed by the presiding officer and witnessed by an agent or other person in the polling station. The presiding officer shall then place the voting machine in his or her view during the poll.

(2) An election shall not be questioned on the grounds that the requirement in subsection (1) with respect to the production by a voting machine of the printed statement referred to in that subsection has not been complied with.

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.

Duties of presiding officer at close of poll.

42. —(1) At the time fixed for the close of the poll the presiding officer shall take steps to ensure that no further Dáil electors are admitted to the polling station, but any elector on the premises at that time shall, subject to the provisions of the Principal Act and this Act, be entitled to vote.

(2) As soon as practicable after the close of the poll, the presiding officer after ensuring that the lock referred to in section 39 on each voting machine in the polling station has not been interfered with shall cause a statement showing the total number of votes recorded on the machine and a list of the candidates on the ballot paper at the polling station to be produced by the machine. The statement shall be signed by the presiding officer and witnessed by another person in the polling station. The presiding officer shall then open the lock and remove the cartridge or disc from each such voting machine so that no further votes can be entered therein.

(3) The presiding officer shall immediately send the said cartridge or disc together with the statements produced at the opening and close of the poll referred to in section 40 (1) and subsection (2) to the returning officer together with a polling station reconcilation account, in such form as may be directed by the Minister, made out by him or her and shall seal up in separate packets—

(a) the marked copies of the register of Dáil electors;

(b) a statement prepared in accordance with section 104(2) of the Principal Act as applied by this Part;

(c) any authorisations given by the returning officer under section 99 or 100 of the Principal Act authorising persons to vote at the polling station, and any undertakings by a personation agent to prove that a person has committed personation; and

(d) unused stationery and other documents and materials relating to the Dáil election,

and shall deliver all such packets to the returning officer.

(4) The returning officer shall make adequate arrangements for the safe custody of the packages delivered in pursuance of this section and of all documents connected with the poll.

(5) An election shall not be questioned on the grounds that the requirement in subsection (2) with respect to the production by a voting machine of the printed statement referred to in that subsection has not been complied with.

Counting of postal and special voter ballot papers under this Part.

43. —(1) The sealed ballot box containing postal and special voters ballot papers shall be opened, in the presence of agents of the candidates and not less than 2 members of the returning officer's staff, before the conclusion of voting on polling day.

(2) The ballot papers extracted by the returning officer from the said ballot box shall be counted and their total number compared with the number shown in the appropriate ballot paper account prepared under section 76 of the Principal Act as applied to this Part by section 46 .

(3) The returning officer, while counting and recording the number of ballot papers, shall cause the said papers to be kept face upwards and shall take due precautions to prevent any person from seeing the numbers printed on the backs of the said papers.

(4) Subsections (2) to (4) of section 118 of the Principal Act shall apply to ballot papers dealt with under this section.

(5) The returning officer shall reject any of the ballot papers that are invalid and before commencing the entry of ballot paper preferences, the returning officer shall operate the voting machine, which shall have a cartridge or disc installed in it in accordance with section 39 , in his or her charge to demonstrate to such persons as are present that no votes are cast or recorded on the voting machine. The returning officer shall cause a printed statement to be produced by the voting machine showing the names of the candidates on the ballot paper and that no votes are cast or recorded on the machine. The returning officer shall then in the presence of agents and not less than 2 members of his or her staff enter the preferences shown on the postal and special voters ballot papers on the ballot paper displayed on the voting machine. After the vote preferences have been entered on the said ballot paper from each postal or special voter ballot paper, the returning officer shall then press the vote button on the voting machine.

(6) On completion of the entry of the votes in the voting machine, the returning officer shall cause a printed statement to be produced by the machine showing the number of votes recorded and a list of candidates on the ballot paper.

(7) The statements produced under subsections (5) and (6) shall be signed by the returning officer or a person authorised by him or her and witnessed by an agent or if no agent is present by another person present.

(8) The returning officer shall extract the cartridge or disc from the voting machine and retain it, together with statements produced by the voting machine, in a sealed envelope until the counting of votes commences in accordance with section 44 .

(9) On completion of the activity referred to in subsection (8), the returning officer shall place in separate sealed packets—

(a) the postal and special voters ballot papers, and

(b) the ballot papers rejected under subsection (5),

and shall mark on each packet particulars of its contents, the date of the polling day at the election and the constituency to which it relates and such packets shall be sent to the Clerk of the Dáil together with the documents specified in section 129 of the Principal Act.

(10) An election shall not be questioned on the grounds that the requirement in subsection (5) or (6) with respect to the production by a voting machine of the printed statement referred to in subsection (5) or (6) has not been complied with.

Preliminary proceedings and time for counting of votes.

44. —(1) Following the closing of the poll, the returning officer, at the place appointed under section 112 of the Principal Act, shall, unless circumstances arise that render it impracticable at that time to do so, proceed with the counting of the votes, in the presence of agents of the candidates, as the cartridges or discs referred to in sections 42(3) and 43(8) are received at the count centre. If circumstances as aforesaid arise, the returning officer shall, upon those circumstances ceasing to exist, proceed with the counting of the votes in the manner aforesaid.

(2) Immediately on receipt of the cartridges or discs from the various polling stations, including the cartridge or disc containing the votes of postal and special voters, the returning officer in the presence of the agents of the candidates shall insert each cartridge or disc in an apparatus provided in the constituency concerned for the purpose of counting the votes entered in the voting machines in the various polling stations in that constituency (in this Act referred to as a “constituency vote counting machine”).

(3) The returning officer shall compare the number of votes shown on the constituency vote counting machine in respect of each cartridge or disc from a voting machine with the number of votes recorded on the statements prepared pursuant to sections 42(2) and 43(6) in respect of each machine and shall prepare a statement showing the result of this comparison in respect of all the voting machines. The returning officer shall, on request, allow the agent of any candidate to be present at that procedure and shall on request provide a copy of the second-mentioned statement to the agent of any candidate.

(4) When the cartridges or discs are received from all the voting machines for the constituency and are dealt with in accordance with subsection (2), the returning officer shall cause the constituency vote counting machine to mix the votes recorded in all the cartridges or discs inserted on the said machine, to create a table of the mixed votes which shall be numbered in consecutive order, the number “1” being assigned to the vote placed highest in the table, the number “2” being assigned to the vote placed next highest in the table and so on, and to proceed to cause the said machine to count the votes in accordance with Part XIX of the Principal Act, as applied to this Part by section 45 .

Application of Part XIX of Principal Act.

45. —(1) Part XIX of the Principal Act, other than section 125, and subsections (2), (3) and (4) of section 118 shall apply to the counting of votes under this Part. Any reference in that Part XIX to a ballot paper or paper shall be construed as a reference to a vote cast on a voting machine or, in the case of a reference to postal or special voters ballot papers, a vote entered in a voting machine.

(2) Any reference to the functions referred to in sections 119 to 124 of the Principal Act, as applied to this Part, being performed by the returning officer shall, subject to subsection (6), be construed as a reference to the performance of those functions by electronic methods and, in particular, any reference in those sections to a parcel or sub-parcel of votes shall be construed as a reference to an analogous grouping together of votes by those methods and any reference in those sections to the physical treatment of, or a transfer being effected in respect of, such a parcel shall be construed as a reference to an analogous treatment of, or an analogous transfer being effected in respect of, such a parcel by those methods.

(3) Section 119(1) of the Principal Act, as so applied, shall have effect as if the reference in that section to section 114 were a reference to section 44 of this Act and the words “, rejecting any that are invalid,” were deleted.

(4) Section 127(2) of the Principal Act, as so applied, shall have effect as if the reference in that section to section 114(2) were a reference to section 44 (3) of this Act.

(5) Section 128 of the Principal Act, as so applied, shall have effect as if the reference in that section to the decision of the returning officer in respect of any matter referred to therein were a reference to the results provided by the constituency vote counting machine in respect of that matter.

(6) Where it is necessary to decide a matter by determining it by lot, the returning officer shall cause the result of that determination by lot to be entered on the constituency vote counting machine.

Application of certain provisions of Principal Act.

46. —The provisions of sections 30, 31, 37, 40, 58, 60, 62 to 64, 66, 67, 72, 73, 75, 76, 85, 86, 88, 89, 91, 94, 103 to 105, 107 to 109, 111 to 113, 117, 129 to 131, 134, 137, 138, 150, 153, 161, 163 and 165 of the Principal Act shall, subject to the modifications specified in section 38, apply and have effect in relation to voting and vote counting under this Part.

Election petitions.

47. —Part XXI of, and the Third Schedule to, the Principal Act shall apply to voting and vote counting under this Part as if—

(a) in section 132(8) there were inserted “and the Electoral (Amendment) Act, 2001,” after “this Act”;

(b) in Rule 4(3) of the said Schedule there were inserted “or the Electoral (Amendment) Act, 2001,” after “this Act”, in each place where those words occur; and

(c) for Rule 7 of the said Schedule, there were substituted the following Rule:

“Counting of votes afresh.

7. (1) The court may, for the purposes of the trial of a petition questioning a Dáil election, if it thinks fit, order that all the votes cast on voting machines at the election in the constituency to which the petition relates shall be counted afresh. For the purpose of enabling such an order to be carried out, the software used for counting votes cast on voting machines shall include a capability of providing a table of the preferences recorded for each vote cast at the poll at the election, including the vote number referred to in section 44(4) and a separate record of each vote cast at the election, showing the preferences recorded on it, the vote number referred to in section 44(4) and, where applicable, the number of each count at which the vote was either transferred to the next available preference recorded on it or became a non-transferable vote not effective.

(2) Where the court makes an order under paragraph (1), the provisions of the following paragraphs shall have effect.

(3) Votes to which an order under this Rule relates shall be counted afresh under the direction of the court and, subject to paragraphs (4), (5) and (6) and to such modifications (if any) as the court considers necessary, the provisions of Part XIX, as applied by the Electoral (Amendment) Act, 2001, relating to the counting of votes at an election shall apply to such counting.

(4) In counting the votes afresh pursuant to an order under this Rule, the count shall begin at the first count, without disturbing the mix carried out by the constituency vote counting machine prior to the original first count.

(5) Where votes are counted afresh pursuant to an order under this Rule, the court shall cause the preferences recorded for any person who, with respect to the relevant Dáil election, is found by the court not to have been eligible for election to the Dáil to be disregarded or where the court decides that votes shall be added to, or removed from, the vote table referred to in section 44(4) the software shall be capable of so adding or removing votes so that there shall be a minimum disturbance to the mix carried out by the constituency vote counting machine prior to the original first count.

(6) The court shall have power to reverse any decision of the returning officer at the original count.

(7) The costs of giving effect to an order under this Rule shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof and section 32 shall, with respect to the services and expenses properly rendered or incurred by the returning officer for the purposes of, or in connection with, giving effect to the order, apply in the same manner as it applied in respect of the services and expenses rendered or incurred by the returning officer for, or in connection with, the relevant Dáil election.”.

Adaptation or modification of Acts relating to other elections and referendums.

48. —(1) Subject to subsection (3), the Minister may by order make such adaptations of, or modifications to, the Presidential Elections Act, 1993 , the European Parliament Elections Act, 1997 , the Local Elections Regulations, 1995, the Referendum Act, 1994 , the Seanad Electoral (University Members) Act, 1937 , and the Seanad Electoral (Panel Members) Acts, 1947 to 1972, as will enable voting and counting of votes at the relevant election or referendum under the said enactment or enactments to take place using equipment approved for use under this Part.

(2) Subject to subsection (3), the Minister for Arts, Heritage, Gaeltacht and the Islands may be order make such adaptations of, or modifications to, the Údarás an Gaeltachta Acts, 1979 to 1999, and the regulations made under such Acts as will enable voting and counting of votes at Údarás elections to take place using equipment approved for use under this Part.

(3) Any adaptations or modifications provided for by an order under subsection (1) or (2) shall—

(a) in every case be such as will result in the enactment concerned having effect subject to the same principles as the provisions of this Part are subject to, and

(b) in so far as is practicable, having regard to the differences between the subject matter of the Electoral Acts, 1992 to 2001, and the enactment concerned, be such as will, in the opinion of the Minister of the Government referred to in subsection (1) or (2), result in that enactment containing provisions corresponding in their terms to those of this Part in so far as they relate to the matters referred to in subsection (1) or (2).

(4) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House within the next 21 days on which the House has sat after the order has been laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(5) The Minister may by order amend or revoke an order made under this section (including an order under this subsection).