Electoral (amendment) act, 2001

Enactment Date24 October 2001
Act Number38


Number 38 of 2001


ELECTORAL (AMENDMENT) ACT, 2001


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title, collective citation, construction and commencement.

2.

Interpretation.

PART 2

Amendment of Principal Act.

3.

Amendment of section 6 of Principal Act.

4.

Amendment of section 13 of Principal Act.

5.

Amendment of section 14A of Principal Act.

6.

Amendment of section 15 of Principal Act.

7.

Amendment of section 15A of Principal Act.

8.

Amendment of section 15B of Principal Act.

9.

Sections 15A and 15B of Principal Act: supplemental provision.

10.

Amendment of section 16 of Principal Act.

11.

Amendment of section 25 of Principal Act.

12.

Amendment of section 28 of Principal Act.

13.

Amendment of section 29 of Principal Act.

14.

Amendment of section 32 of Principal Act.

15.

Amendment of section 41 of Principal Act.

16.

Amendment of section 46 of Principal Act.

17.

Amendment of section 48 of Principal Act.

18.

Amendment of section 49 of Principal Act.

19.

Amendment of section 62 of Principal Act.

20.

Amendment of section 63 of Principal Act.

21.

Amendment of section 88 of Principal Act.

22.

Amendment of section 92 of Principal Act.

23.

Amendment of section 96 of Principal Act.

24.

Amendment of section 98 of Principal Act.

25.

Amendment of section 99 of Principal Act.

26.

Amendment of section 103 of Principal Act.

27.

Amendment of section 111 of Principal Act.

28.

Amendment of section 114 of Principal Act.

29.

Amendment of section 121 of Principal Act.

30.

Amendment of section 122 of Principal Act.

31.

Amendment of section 124 of Principal Act.

32.

Amendment of section 133 of Principal Act.

33.

Amendment of section 147 of Principal Act.

34.

Amendment of Second Schedule to Principal Act.

PART 3

Direct Vote Recording and Electronic Vote Counting.

35.

Interpretation (Part 3).

36.

Direct vote recording and electronic vote counting.

37.

Expenses.

38.

Modification of certain provisions of Principal Act.

39.

Preparation of voting machines.

40.

Opening of the poll.

41.

Procedure for voting.

42.

Duties of presiding officer at close of poll.

43.

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

44.

Preliminary proceedings and time for counting of votes.

45.

Application of Part XIX of Principal Act.

46.

Application of certain provisions of Principal Act.

47.

Election petitions.

48.

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

PART 4

Principal Amendments of Act of 1997 in relation to Political Donations

49.

Amendment of Act of 1997.

PART 5

Miscellaneous.

50.

Amendment of Act of 1997.

51.

Amendment of European Parliament Elections Act, 1997.

52.

Amendment of Presidential Elections Act, 1993.

53.

Amendment of Local Government Act, 1994.

54.

Amendment of Local Elections Regulations, 1995.

55.

Amendment of Referendum Act, 1994.

56.

Amendment of Seanad Electoral (University Members) Act, 1937.

57.

Amendment of Seanad Electoral (Panel Members) Act, 1947.

58.

Amendment of Local Elections (Disclosure of Donations and Expenditure) Act, 1999.


Acts Referred to

Building Societies Act, 1989

1989, No. 17

Central Bank Act, 1971

1971, No. 24

Electoral Act, 1992

1992, No. 23

Electoral Act, 1997

1997, No. 25

Electoral Acts, 1992 to 1999

Electoral (Amendment) Act, 1996

1996, No. 43

Electoral (Amendment) Act, 1998

1998, No. 4

European Parliament Elections Act, 1997

1997, No. 2

European Parliament Elections Act, 1992 to 1999

Friendly Societies Acts, 1896 to 1977

Industrial and Provident Societies Acts, 1893 to 1978

Local Elections Acts, 1974 to 1999

Local Elections (Disclosure of Donations and Expenditure) Act, 1999

1999, No. 7

Local Government Act, 1994

1994, No. 8

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict., c.93

Presidential Elections Act, 1993

1993, No. 28

Presidential Elections Acts, 1992 to 1997

Referendum Act, 1994

1994, No. 12

Referendum Act, 1998

1998, No. 1

Referendum Acts, 1992 to 1998

Seanad Electoral (Panel Members) Act, 1947

1947, No. 42

Seanad Electoral (Panel Members) Acts, 1947 to 1972

Seanad Electoral (University Members) Act, 1937

1937, No. 30

Seanad Electoral (University Members) Acts, 1937 to 1973

Trustee Savings Banks Act, 1989

1989, No. 21

Údarás na Gaeltachta Act, 1979

1979, No. 5

Údarás na Gaeltachta Acts, 1979 to 1999


Number 38 of 2001


ELECTORAL (AMENDMENT) ACT, 2001


AN ACT TO AMEND AND EXTEND THE ELECTORAL ACTS, 1992 TO 1999, THE EUROPEAN PARLIAMENT ELECTIONS ACTS, 1992 TO 1999, THE PRESIDENTIAL ELECTIONS ACTS, 1992 TO 1997, THE LOCAL ELECTIONS ACTS, 1974 TO 1999, THE REFERENDUM ACTS, 1992 TO 1998, THE SEANAD ELECTORAL (UNIVERSITY MEMBERS) ACTS, 1937 TO 1973, THE SEANAD ELECTORAL (PANEL MEMBERS) ACTS, 1947 TO 1972, AND TO PROVIDE FOR RELATED MATTERS.

[24th October, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

Short title, collective citation, construction and commencement.

1.—(1) This Act may be cited as the Electoral (Amendment) Act, 2001.

(2) The Electoral Acts, 1992 to 1999, and this Act may be cited together as the Electoral Acts, 1992 to 2001, and shall be read together as one.

(3) The European Parliament Elections Acts, 1992 to 1999, and this Act in so far as it relates to European Parliament elections may be cited together as the European Parliament Elections Acts, 1992 to 2001, and shall be read together as one.

(4) The Presidential Elections Acts, 1992 to 1997, and this Act in so far as it relates to presidential elections may be cited together as the Presidential Elections Acts, 1992 to 2001, and shall be read together as one.

(5) The Local Elections Acts, 1974 to 1999, and this Act in so far as it relates to local elections may be cited together as the Local Elections Acts, 1974 to 2001, and shall be read together as one.

(6) The Referendum Acts, 1992 to 1998, and this Act in so far as it relates to referendums may be cited together as the Referendum Acts, 1992 to 2001, and shall be read together as one.

(7) The Seanad Electoral (University Members) Acts, 1937 to 1973, and this Act in so far as it relates to Seanad elections may be cited together as the Seanad Electoral (University Members) Acts, 1937 to 2001, and shall be read together as one.

(8) The Seanad Electoral (Panel Members) Acts, 1947 to 1972, and this Act in so far as it relates to Seanad elections may be cited together as the Seanad Electoral (Panel Members) Acts, 1947 to 2001, and shall be read together as one.

(9) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(10) An order under subsection (9) shall be laid before each House of the Oireachtas as soon as may be after it is made.

Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“Act of 1997” means the Electoral Act, 1997 ;

“Principal Act” means the Electoral Act, 1992 .

(2) In this Act—

(a) a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended;

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

(c) a reference to any other enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

PART 2

Amendment of Principal Act

Amendment of section 6 of Principal Act.

3.—Section 6 of the Principal Act is amended—

(a) by the insertion after the definition of “Dáil constituency” of the following definition:

“‘edited register’ has the meaning assigned to it by section 13A;”,

(b) by the insertion after the definition of “medical practitioner” of the following definitions:

“‘national edited register’ has the meaning assigned to it by section 13B;

‘national register’ has the meaning assigned to it by section 13B;”,

and

(c) by the insertion in the definition of “the register” after “special voters list” of “and the supplements to the postal voters list and to the special voters list”.

Amendment of section 13 of Principal Act.

4.—Section 13 of the Principal Act is amended by the insertion of the following sections after section 13—

“Edited register of electors.

13A.—(1) Notwithstanding the provisions of this Part and the Second Schedule, a registration authority shall prepare and publish a version of the register of electors which shall be known and is in this Act referred to as the ‘edited register’ in accordance with Part 1A of the Second Schedule.

(2) An edited register published by the registration authority under subsection (1) shall be deemed, for the purposes of section 20, to be part of the register...

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