Direct Election Of Mayor Plebiscite Regulations 2019.

• Date: 17 April 2019
• Published date: 23 April 2019
• Statutory Instrument No.: 162/2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd April, 2019.

CONTENTS

PART I PRELIMINARY AND GENERAL 1. Citation. 2. Interpretation. 3. Application of certain provisions of Part XV of the Regulations of 1995. 4. Application of certain provisions of the Act of 1997. 5. Secrecy. 6. Prohibition on disclosure of vote. 7. Publication of notices. PART II TAKING THE PLEBISCITE 8. Plebiscite returning officers. 9. Electoral areas. 10. Polling districts and polling places. 11. Notice of the holding of the plebiscite. 12. Information for voters. 13. Ballot papers. 14. The official mark. 15. Officers not to further any particular result. 16. Voting by postal voters. 17. Voting by special voters. 18. Taking the poll at the plebiscite. PART III THE COUNTING OF THE VOTES 19. Arrangements in relation to the counting of votes. 20. Attendance at the counting of votes. 21. Preliminary proceedings. 22. Time for the counting of votes. 23. Handling of ballot papers. 24. Invalid ballot papers. 25. Counting of the votes. 26. Recount. 27. Retention and disposal of documents. 28. The plebiscite certificate. SCHEDULE PART I Form of ballot paper PART II Statement in relation to rejected ballot papers PART III Certificate of Result

THE MINISTER FOR HOUSING, PLANNING AND LOCAL GOVERNMENT IN EXERCISE OF THE POWERS CONFERRED ON HIM BY SECTION 41 OF THE LOCAL GOVERNMENT ACT 2019 (NO. 1 OF 2019) HEREBY MAKES THE FOLLOWING REGULATIONS, A DRAFT OF WHICH HAS BEEN APPROVED BY A RESOLUTION PASSED BY EACH HOUSE OF THE OIREACHTAS.

PART I

PRELIMINARY AND GENERAL

Citation.

1. These Regulations may be cited as the Direct Election of Mayor Plebiscite Regulations 2019.

Interpretation.

2. (1) In these Regulations, except where the context otherwise requires—

“the Act of 1992” means the Electoral Act 1992 (No. 23 of 1992);

“the Act of 1997” means the Litter Pollution Act 1997 ;

“the Act of 2019” means the Local Government Act 2019 (No. 1 of 2019);

“ballot paper” has the meaning assigned to it by regulation 13;

“administrative area” has the meaning assigned to it by section 39(2) of the Local Government Act 2019 ;

“elector” means a local government elector;

“local authority” has the meaning assigned to it by section 39(1) of the Local Government Act 2019 ;

“plebiscite returning officer” has the meaning assigned to it by regulation 8;

“local government elector” means a person entitled to vote at a local election;

“local election” has the meaning assigned to it by article 2(1) of the Local Elections Regulations 1995;

“Minister” means the Minister for Housing, Planning and Local Government;

“official mark” has the meaning assigned to it by regulation14;

“plebiscite” means a plebiscite within the meaning of Part 6 of the Local Government Act 2019 ;

“polling day” means the polling day at the local elections in 2019 fixed by the Minister under section 42 of the Local Government Act 2019 ;

“postal voter” means a local government elector whose name is entered in the postal voters list;

“postal voters list” means the list prepared pursuant to section 14 of the Electoral Act 1992 insofar as it relates to local government electors;

“register of electors” means the register of local government electors;

“register of local government electors” has the meaning assigned to it by section 13 of the Electoral Act 1992 ;

“Regulations of 1995” means the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 );

“special voter” means a local government elector whose name is entered in the special voters list;

“special voters list” means the list prepared pursuant to section 17 of the Electoral Act 1992 insofar as it relates to local government electors.

(2) In these regulations—

(a) every reference to a particular officer shall be construed as including a reference to any person duly appointed as deputy for such officer or to act in the place of such officer during the absence or incapacity of the officer or during a vacancy in the office or to whom the duties of the office are assigned;

(b) a reference to a regulation or Schedule is to a regulation of or the Schedule to these regulations, unless it is indicated that reference to some other instrument is intended;

(c) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;

(d) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.

(3) For the purpose of the application by virtue of these regulations to the plebiscite of certain provisions of the Regulations of 1995, the said provisions as so applied shall have effect as if—

(a) a reference in the said Regulations to a local election or an election was a reference to a plebiscite;

(b) a reference in the said Regulations to a returning officer was a reference to a plebiscite returning officer and a reference to a deputy returning officer is a reference to a deputy plebiscite returning officer, except where these Regulations otherwise provide;

(c) a reference in the said Regulations to the register of electors was a reference to the register of local government electors in force for the city of Cork and the city and county of Limerick and the city and county of Waterford within the meaning of section 43 of the Act of 2019;

(d) a reference in the said Regulations to the Regulations of 1995 was a reference to these Regulations, including the provisions of those Regulations applied to the plebiscite by these Regulations;

(e) in article 32 of the said Regulations “the agents of the candidates appointed for this purpose under article 26” was deleted;

(f) in sub-article (1) of article 38 of the said Regulations “, in the presence of the agents, if any,” was deleted;

(g) in article 41 of the said Regulations “and in the presence of the candidates, if any,” was deleted in sub-article (1);

(h) in article 45 of the said Regulations “he or she gives notice of the holding of the plebiscite” was substituted for “the adjournment of the election for the purpose of taking a poll”.

(i) in sub-article (4) of article 55 of the said Regulations “plebiscite” was substituted for “election of members for such local authority”;

(j) in article 58 of the said Regulations that sub-article (2) was deleted;

(k) in article 60 of the said Regulations paragraphs (c) and (d) were deleted;

(l) in sub-article (1) of article 63 of the said Regulations the references to articles 10, 29 and 43 thereof were to articles 16 and 17;

(m) in article 65 of the said Regulations “and if required by any personation agent present in the polling station shall,” were deleted in sub-articles (2) and (4), subparagraphs (c) and (d) of sub-article (4) were deleted, in sub-article (7), “proposal stated therein” was substituted for “particulars stated in respect of each candidate” and “or is a candidate or an agent of a candidate at that election” was deleted in sub-article 9;

(n) in sub-article (2) of article 68 of the said Regulations “any particular result at the plebiscite” was substituted for “the candidature of a particular person or persons or of members of a political party”;

(o) in sub-article (1) of article 70 of the said Regulations the reference to articles 24, 28 and 49 was deleted and “section 40(2) of the Local Government Act 2019 and section 26 of the Local Government Act 2001 ” was substituted for “section 21 of the Act of 1994 and these Regulations”;

(p) in article 73 of the said Regulations “or if so required by a personation agent present in the polling stations,” was deleted in paragraph (a) of sub-article 1, and “,and if so required by a personation agent present in the polling station shall,” was deleted in each place where it occurs;

(q) in article 96 of the said Regulations paragraphs (c) and (d) of sub-article (1) and “the election of any person or” in paragraphs (a) and (b) of the said sub-article were deleted;

(r) in article 97 of the said Regulations paragraphs (b) and (c) and “for a particular person or” in paragraph (a) were deleted;

(s) in article 98 of the said Regulations “manner in which” was substituted for “candidate for whom” in each place where it occurs and for “name of the candidate for whom” in paragraph (c) of sub-article 4;

(t) in article 99 of the said Regulations paragraph (h) and “nomination paper or any certificate of political affiliation or any” in paragraph (g) were deleted, and in the said paragraph (g) “regulation 18” was substituted for “article 61 or 62”;

(u) in article 101 of the said Regulations “a particular result” was substituted for “the candidature of any candidate” in sub-article (1);

(v) in article 105 of the said Regulations “is actively associated in furthering any particular result at the plebiscite” was substituted for “who acts as agent for any candidate at that election or who is actively associated in furthering the candidature of any candidate or promoting the interests of any political party at the election”;

(w) in article 106 of the said Regulations “nomination of candidates or the” was deleted;

(x) in article 108 of the said Regulations “any particular result at the plebiscite” was substituted for “the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates” in sub-article (2) and “for a candidate or candidates or vote” in paragraph (b) of that sub-article was deleted;

(y) in article 114 of the said Regulations “Any person, other than the plebiscite returning officer, his or her assistants and clerks,” was...