Electoral Act, 1992 (Section 165) Regulations 2024

• Jurisdiction: Ireland
• Year: 2024
• Citation: IR SI 238/2024

STATUTORY INSTRUMENTS

S.I. No.238of2024

Electoral Act, 1992 (Section 165) Regulations 2024

Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 28 th May, 2024. CONTENTS 1. Citation. 2. Interpretation. 3. Effect of Regulations. 4. Returning officers. 5. Deputy European local returning officer. 6. Mutual assistance. 7. Agents. 8. Notices of poll and situation of polling stations. 9. Polling districts, polling places and register of electors. 10. Polling information cards. 11. Polling on islands. 12. Voting by persons in the employment of a returning officer. 13. Authorisation of physically ill or physically disabled elector to vote at another polling station. 14. Special voting. 15. Postal voting at European elections, local elections and Limerick mayoral election. 16. Postal voter documents. 17. Special voter documents at opening of postal voter ballot boxes. 18. Opening of postal and special voter ballot paper envelopes. 19. Provisions relating to taking of polls in polling station. 20. Verification of postal ballot paper accounts at local elections and Limerick mayoral election. 21. Opening of ballot boxes relating to European elections, local elections and Limerick mayoral election. 22. Marked register of electors. 23. Modification of Act of 2024. 24. Modification of Act of 1997. 25. Modification of 1995 Regulations. I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage in exercise of the powers conferred on me by sections 3 and 165 of the Electoral Act, 1992 (No. 23 of 1992) for the purpose of giving effect to the said section 165 in relation to the polls to be taken on the 7th day of June 2024, hereby order as follows: Citation. 1. These Regulations may be cited as the Electoral Act, 1992 (Section 165) Regulations, 2024. Interpretation. 2. In these Regulations - “the Act of 1992” means the Electoral Act, 1992 ; “the Act of 1997” means the European Parliament Elections Act, 1997 (No. 2 of 1997); “the Act of 2024” means the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (No. 7 of 2024); “the 1995 Regulations” means the Local Elections Regulations, 1995 ( S.I. No. 297 of 1995 ); “European election” means an election of members of the European Parliament; “the European Communities” has the same meaning as in the European Communities Acts 1972 to 2007; “European local returning officer” means the person who, in accordance with section 17 of the Act of 1997 is a local returning officer for a county or city or city and county; “European Parliament” means the Parliament of the European Communities and references to “European Parliament constituency” and “European Parliament election” shall be construed accordingly; “Limerick City and County Electoral Area” means the area by reference to which a Limerick mayoral election is held; “Limerick mayoral election” means an election of a Mayor of Limerick; “Limerick mayoral election ballot paper” means a ballot paper at a Limerick mayoral election; “Limerick mayoral election returning officer” means a returning officer appointed under paragraph 9 of Schedule 2 to the Act of 2024 for the purpose of the election of a Mayor of Limerick; “local authority returning officer” means a returning officer appointed under article 4 of the Local Elections Regulations 1995 for the purpose of the election of members of a local authority; “local election” means an election of members of a county council, city council or city and county council; “local election ballot paper” means a ballot paper at a local election; “local electoral area” means the area by reference to which a local election is held; “the Minister” means the Minister for Housing, Local Government and Heritage; “postal voter” means a person whose name is included in the list prepared pursuant to section 14 of the Act of 1992 and section 63 of the Electoral Act 1997 and section 2 of the Electoral (Amendment) Act 2006 ; “postal voters list” means the list prepared pursuant to section 14 of the Electoral Act 1992 and section 63 of the Electoral Act 1997; “special voter” means a person whose name is included in the special voters list prepared under section 17 of the Act of 1992. Effect of Regulations. 3. (1) These Regulations shall have effect in relation to every election the poll, if any, at which is to be taken on the 7th day of June 2024. (2) These Regulations shall not have effect in relation to a fresh election held pursuant to Rule 23(2) or Rule 27 of the Second Schedule to the Act of 1997 or paragraph 29(3) or paragraph 33 of Schedule 2 to the Act of 2024 or article 28 of the 1995 Regulations where the poll at such fresh election is to be taken on a day other than the 7th day of June 2024. Returning officers. 4. (1) Subject to regulations 5 and 6, the European local returning officer for a county, city or city and county shall be the returning officer as respects a local election in a local electoral area or part of a local electoral area situate in the county, city or city and county concerned for the purposes of the following provisions of the 1995 Regulations- (a) articles 5 and 25(1)(a) insofar as they relate to the taking of the poll otherwise than by postal voting, (b) articles 26(3) and 26(6), (c) articles 44 to 48, (d) articles 52 to 54, (e) articles 56 to 58, (f) Part XI (subject to regulations 12 and 13 of these Regulations), and (g) article 76(1), (1A), (3) and (4) and the powers and duties of the relevant local authority returning officer under these provisions shall be exercised and performed by the said European local returning officer and references in the said provisions to the returning officer shall be construed as references to the European local returning officer. (2) Subject to regulations 5 and 6, the European local returning officer for the city and county of Limerick shall be the returning officer as respects a Limerick mayoral election in the Limerick City and County electoral area for the purposes of the following provisions of Schedule 2 to the Act of 2024- (a) paragraph 10 insofar as it relates to the taking of the poll otherwise than by postal voting, (b) paragraph 29(1), (c) paragraph 31(3) and (6), (d) paragraph 35, (e) paragraph 38, (f) articles 53, 54, 56, 57 and 58 of the 1995 Regulations (as applied to a Limerick mayoral election by paragraph 39 of Schedule 2 to the Act of 2024), (g) articles 59 to 73 of the 1995 Regulations (as applied to a Limerick mayoral election by paragraph 41 of Schedule 2 to the Act of 2024), (h) paragraph 44(1), (2), (3) and (4) and the powers and duties of the Limerick mayoral election returning officer under these provisions shall be exercised and performed by the said European local returning officer and references in the said provisions to the returning officer shall be construed as references to the European local returning officer. (3) (a) The powers and duties of the returning officer in relation to a local election (other than those referred to in paragraph (1)) shall be exercised and performed by the local authority returning officer. (b) The powers and duties of the returning officer in relation to a Limerick mayoral election (other than those referred to in paragraph (2)) shall be exercised and performed by the Limerick mayoral election returning officer. (4) Notwithstanding paragraphs (1), (2) and (3) a local authority returning officer and the Limerick mayoral election returning officer shall be entitled to be admitted to any polling station where a poll at an election for which he or she is the returning officer is being taken and to any place appointed for the counting of the...