Electoral (Amendment) Act 2004

SCHEDULE 1 Modification of Certain Provisions of Act of 1997

Modification of Certain Provisions of Act of 1997

Section 7.

For the purpose of the application by virtue of this Act to voting and the counting of votes of certain provisions of the Act of 1997, 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 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) a reference in any such provision to that Act included, where appropriate, a reference to this Act;

(e) in section 17(3)(b) of that Act, for “to open the ballot boxes and verify the ballot paper accounts” there were substituted “for the discharge of all or any particular part of his or her duties as local returning officer”;

(f) in Rule 25 of the Second Schedule to that Act (referred to subsequently in this Schedule as the “Second Schedule”)—

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

(ii) there were substituted for subparagraph (d) of paragraph (1) the following

“(d) at the reading in and verification of vote data in cartridges or discs.”;

(iii) for “ballot boxes have been sealed by the presiding officer as provided by Rule 71(2)” in paragraph (7), there were substituted “voting machines are closed down by the presiding officer pursuant to section 11 of the Electoral (Amendment) Act 2004”;

(iv) there were inserted “and the entry of votes on postal voters ballot papers on a voting machine” after “postal voter ballot boxes” where those words first occur in paragraph (8) and there were inserted “and the votes on the postal voters ballot papers are to be entered on a voting machine” after “to be opened” in that paragraph;

(v) for “opening of the ballot boxes and the verification of ballot paper accounts” in paragraph (9) there were substituted “reading in and verification of vote data in cartridges or discs” and for “ballot boxes are to be opened” there were substituted “read in and verification takes place”; and

(vi) there were inserted “or the Electoral (Amendment) Act 2004” after “this Schedule” in paragraph (13);

(g) in Rule 28 of the Second Schedule for “ballot paper placed in a ballot box” there were substituted “vote cast on a ballot paper on a voting machine”;

(h) in Rule 30(1) of the Second Schedule there were deleted “, and indistinguishable from,” and for “delivered to” there were substituted “installed on a voting machine used by”;

(i) in Rule 31 of the Second Schedule there were inserted “and the entry of postal voters and special voters votes on voting machines in accordance with section 12 of the Electoral (Amendment) Act 2004” after “therein”;

(j) in Rule 36 of the Second Schedule—

(i) in paragraph (1) there were substituted “after the final delivery of post to the local returning officer on polling day” for “before the time appointed by the local returning officer under rule 73 for the opening of ballot boxes and verification of ballot paper accounts”; and

(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 paragraph (2);

(k) in Rule 38 of the Second Schedule for “with rule 75.” there were substituted “with section 12 of the Electoral (Amendment) Act 2004. The returning officer shall count and note the number of ballot papers placed in the ballot box and include such details in the statement referred to in Rule 39(5).”;

(l) in Rule 39 of the Second Schedule there were inserted “, the unused ballot papers” after “postal voters list”, where those words first occur in paragraph (1);

(m) in Rule 48 of the Second Schedule for “ballot boxes”, in each place where those words occur in paragraphs (1)(b) and (3)(b), there were substituted “cartridges or discs from voting machines”;

(n) in Rule 50 of the Second Schedule—

(i) there were inserted in paragraph (2)(b) (inserted by section 51(j) of the Act of 2001) “and the purposes of the Electoral (Amendment) Act 2004” after “for that purpose”; and

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

(o) in Rule 51(1) of the Second Schedule there were inserted “for a postal or special voter” after “ballot paper”;

(p) in Rule 53 of the Second Schedule there were inserted “voting machines,” after “ballot boxes,” in each place where those words occur;

(q) in Rule 56 of the Second Schedule—

(i) in paragraph (7)—

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

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

(III) in subparagraph (i) there were deleted “and placing in the ballot box”;

and

(ii) in paragraph (8), for “numbers on the ballot papers” there were substituted “serial numbers of the voting machines”;

(r) in Rule 64 of the Second Schedule—

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

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

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

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

(s) in Rule 65 of the Second Schedule—

(i) in paragraph (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 paragraph (2)—

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

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

(t) in Rule 66 of the Second Schedule—

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

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

(u) in Rule 70 of the Second Schedule—

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

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

(iii) in paragraph (e) there were inserted “and the Electoral (Amendment) Act 2004” after “this Act”;

(v) in Rule 72 of the Second Schedule for “for a ballot paper” in subparagraphs (b), (c) and (d) of paragraph (1) there were substituted “to vote”;

(w) in Rule 73 of the Second Schedule—

(i) in paragraph (1) there were deleted “which shall not be later than 9 a.m. on the day next following the polling day,” and there were substituted “read in and verify the vote data from the cartridges or discs in accordance with section 13 of the Electoral (Amendment) Act 2004” for “open the ballot boxes and verify the ballot paper accounts in accordance with this Part”; and

(ii) in paragraph (2) there were substituted “read in and verify the vote data from the cartridges or discs” for “open the ballot boxes”, there were substituted “reading in and verification of vote data from the cartridges or discs” for “verification of ballot paper accounts” and there were substituted “cartridges or discs” for “ballot papers”;

(x) in Rule 74 of the Second Schedule—

(i) there were substituted in paragraph (1) “read in the vote data from the cartridges or discs” for “open the ballot boxes”; and

(ii) there were substituted in paragraph (3) “reading in and verification of vote data from the cartridges or discs” for “opening of the boxes and verification of the ballot paper accounts”;

(y) in Rule 75 of the Second Schedule—

(i) there were substituted the following for subparagraphs (a) to (e) of paragraph (1)

“(a) read in and verify the vote data from the cartridges or discs received for each voting machine,

(b) prepare a statement showing the result of the verification under subparagraph (a) in respect of all the cartridges or discs for the county or county borough for which he or she is the local returning officer,

(c) forthwith, as instructed by the returning officer for the constituency, deliver the vote data and verification form to the said returning officer,

(d) place the cartridges and discs for each voting machine (including postal voters), in the cases provided, endorse on each such case the number of cartridges or discs contained therein, the name of the county or county borough and deliver each case to the chief returning officer as directed.”;

and

(ii) there were deleted paragraph (2);

(z) in Rule 76 of the Second Schedule there were substituted “cartridges or discs” for “ballot papers” and there were substituted “read in and verification of vote data” for “verification of the ballot paper accounts”;

(aa) in Rule 77 of the Second Schedule there were substituted “cartridges or discs containing vote data” for “ballot papers”;

(bb) in Rule 78 of the Second Schedule in paragraph (3) for “the ballot papers have been correctly sorted” there were substituted “all the cartridges or discs received from the local returning officers have been correctly accounted for”;

(cc) in Rule 79 of the Second Schedule—

(i) in paragraph (1) there were substituted “read in and verify the vote data received from the local returning officer” for “open the ballot boxes and the packets contained therein and extract the ballot papers therefrom”; and

(ii) in paragraph (2) there were substituted “the votes” for “the ballot papers” and there were inserted “and section 13 of the Electoral (Amendment) Act 2004” after “Schedule”;

(dd) Rule 81 of the Second Schedule were deleted;

(ee) in Rule 93 of the Second Schedule—

(i) in paragraph (1) there were substituted for subparagraphs (a) and (b) the following—

“(a) the cartridges or discs containing the vote data received from the local returning officers,

(b) the election database,”;

(ii) in paragraph (3) there were substituted for subparagraphs (a), (b) and (c) the following

“(a) the documents referred to in section 12(9)(a) and (b) of the Electoral (Amendment) Act 2004,

(b) verification of vote data in the cartridges or discs,”;

(iii) in paragraph (4), there were inserted “and vote data to be deleted from the cartridges or discs” after “destroyed”;

(ff) in Rule 103 of the Second Schedule—

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

(ii) for “obtained a ballot paper” in paragraph (1)(b) there were substituted “applied to vote” and there were deleted “(otherwise than under rule 63)”; and

(iii) for “obtained a ballot paper” in paragraph (2) there were substituted “applied to vote”;

(gg) in Rule 106 of the Second Schedule—

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

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

(iv) there were substituted the following for paragraph (3)—

“(3) A person who is present in any capacity at the read in and verification of vote data in cartridges or discs or the counting of votes at a European election shall be guilty of an offence if, except for some purpose authorised by law, at any time he or she communicates any information obtained at such read in or such count.”;

(v) in paragraph (4)(a), for “making a ballot paper” there were substituted “voting”;

(vi) in paragraph (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

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

(hh) in Rule 107 of the Second Schedule there were inserted in paragraph (a) “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”;

(ii) in Rule 123 of the Second Schedule there were substituted for “ballot paper during the verification of the ballot paper accounts”, “cartridge or disc during the read in and verification of vote data”;

(jj) for Rule 134 of the Second Schedule there were substituted the following Rule

“134. (1) The court may, for the purposes of the trial of a petition questioning a European election, if it thinks fit, order—

(a) that all the votes cast on voting machines at the election in a constituency to which the petition relates shall be counted afresh, or

(b) that all the votes so cast or recorded in cartridges or discs contained in particular voting machines shall be so counted,

and where the court so orders, the provisions of this Rule shall have effect. 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 13(4) of the Electoral (Amendment) Act 2004 and a separate record of each vote cast at the referendum, showing the preference recorded on it and the vote number referred to in that section 13(4).

(2) Votes to which an order under this Rule relates shall be counted afresh under the direction of the court and, subject to paragraphs (3), (4) and (5) and to such modifications (if any) as the court considers necessary.

(3) In counting the votes afresh pursuant to an order under this Rule, the count shall begin without disturbing the mix carried out by the constituency vote counting machine as provided for in section 13 of the Electoral (Amendment) Act 2004.

(4) Where votes are counted afresh pursuant to an order under this Rule and the court decides that votes shall be added to, or removed from, the vote table, 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 count.

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

(6) The costs of giving effect to an order under this section shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof and section 18 shall, with respect to the services and expenses properly rendered or incurred by the returning officer or local 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 or local returning officer for, or in connection with, the election.”;

and

(kk) in Rule 147 of the Second Schedule—

(i) there were inserted “and the entering of votes on postal and special voter ballot papers on a voting machine” after “postal voter ballot boxes” in paragraph (c); and

(ii) there were substituted “read in and verification of vote data in cartridges or discs” for “verification of ballot paper accounts” in paragraph (e).

SCHEDULE 2 Modification of Certain Provisions of Regulations of 1995

Modification of Certain Provisions of Regulations of 1995

Section 7.

For the purpose of the application by virtue of this Act to voting and the counting of votes of certain provisions of the Regulations of 1995, 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 on a ballot paper displayed on a voting machines;

(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 Articles 5, 9, 25 and 70(1) of those Regulations there were inserted “and the Electoral (Amendment) Act 2004” after “Act of 1994”;

(e) in Article 26 of those Regulations—

(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 sub-article (1);

(ii) for “ballot boxes have been sealed by the presiding officer pursuant to Article 72” in sub-article (6), there were substituted “voting machines are closed down by the presiding officer pursuant to section 11 of the Electoral (Amendment) Act 2004”;

(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 sub-article (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 sub-article; and

(iv) there were inserted “or the Electoral (Amendment) Act 2004” after “these Regulations” in sub-article (11);

(f) in Article 29 of those Regulations for “ballot paper placed in a ballot box” there were substituted “vote cast on a ballot paper on a voting machine”;

(g) in Article 31(1) of those Regulations there were deleted “, and indistinguishable from,” and for “delivered to” there were substituted “installed on a voting machine used by”;

(h) in Article 32 of those Regulations there were inserted “and the treatment of postal voters and special voters votes in accordance with section 12 of the Electoral (Amendment) Act 2004” after “therein”;

(i) in Article 37 of those Regulations there were substituted “Before” for “At the hour fixed for”;

(j) in Article 38 of those Regulations there were inserted “and enter the votes on the ballot papers in the postal voters ballot box on a voting machine” after “therein” in sub-article (2);

(k) in Article 40 of those Regulations for “for the purposes of Article 76” there were substituted “in accordance with section 12 of the Electoral (Amendment) Act 2004. The returning officer shall count and note the number of ballot papers placed in the ballot box and include such details in the statement referred to in Article 41(5)”;

(l) in Article 41 of those Regulations there were inserted “, the unused ballot papers,” after “postal voters list”, in sub-article (1);

(m) in Article 49 of those Regulations, for “ballot boxes”, in each place where those words occur in sub-articles (1)(b) and (3)(b), there were substituted “cartridges or discs from voting machines”;

(n) in Article 51 of those Regulations—

(i) there were inserted in sub-article (2)(aa) (inserted by section 54(b) of the Act of 2001) “, for that purpose and the purposes of the Electoral (Amendment) Act 2004” after “Schedule may”; and

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

(o) in Article 52 of those Regulations there were inserted “for a postal or special voter” after “ballot paper”;

(p) in Article 54 of those Regulations there were inserted “voting machines,” after “ballot boxes,” in each place where those words occur;

(q) in Article 57 of those Regulations—

(i) in sub-article (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 sub-article (6), for “numbers on the ballot papers” there were substituted “serial numbers of the voting machines”;

(r) in Article 58 of those Regulations, there were inserted “or the Electoral (Amendment) Act 2004” after “these Regulations” in sub-articles (4) and (5);

(s) in Article 65 of those Regulations—

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

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

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

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

(t) in Article 66 of those Regulations—

(i) in sub-article (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 sub-article (2)—

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

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

(u) in Article 67 of those Regulations—

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

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

(v) in Article 69(3) of those Regulations, 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”;

(w) in Article 70 of those Regulations—

(i) in paragraph (c) there were inserted “and the Electoral (Amendment) Act 2004” after “these Regulations”, and

(ii) in paragraph (d) there were inserted “or cause to be read any votes on a cartridge or disc from any voting machine” after “ballot boxes”;

(x) in Article 71 of those Regulations—

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

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

(iii) in paragraph (d) there were inserted “and the Electoral (Amendment) Act 2004” after “these Regulations”; and

(iv) in paragraph (e) 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”;

(y) in Article 73 of those Regulations, for “for a ballot paper” in sub-articles (1)(a), (2) and (3) there were substituted “to vote”;

(z) in Article 74 of those Regulations—

(i) in sub-article (1) there were substituted “after the close of the poll” for “not later than the hour of 9 a.m. on the day next following polling day”; and

(ii) in sub-article (2) there were inserted “and cartridges or discs from voting machines” after “ballot papers”;

(aa) in Article 75(3) of those Regulations, for “the ballot papers have been correctly sorted” there were substituted “all the cartridges or discs from voting machines have been correctly accounted for”;

(bb) in Article 79 of those Regulations, for “ballot papers” there were substituted “cartridges or discs from voting machines”;

(cc) in Article 92 of those Regulations—

(i) in sub-article (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 9(1), 11(2) and 12(5) and (6) of the Electoral (Amendment) Act 2004,”; and

(ii) for “article 76” in paragraph (b) of sub-article (2) there were substituted “section 13(3) of the Electoral (Amendment) Act 2004”;

(dd) in Article 93 of those Regulations—

(i) there were substituted the following for paragraph (d) of sub-article (2)—

“(d) the cartridges or discs referred to in subsection (2) of section 13 of the Electoral (Amendment) Act 2004 and the documents referred to in paragraphs (a) and (b) of section 12(9) of that Act.”;

(ii) there were inserted “or the Electoral (Amendment) Act 2004” after “Part XV” in sub-article (3);

(ee) in Article 95 of those Regulations—

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

(ii) for “obtained a ballot paper” in sub-article (1)(b) there were substituted “applied to vote” and there were deleted “(otherwise than under article 64)”; and

(iii) for “obtained a ballot paper” in sub-article (2) there were substituted “applied to vote”;

(ff) in Article 98 of those Regulations—

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

(iv) the following were substituted for sub-article (3)—

“(3) A person who is present in any capacity at the read in and verification of vote data in cartridges or discs or the counting of votes at a local election shall be guilty of an offence if, except for some purpose authorised by law, at any time he or she communicates any information obtained at such read in or such count.”;

(v) in sub-article (4)(a), for “marking a ballot paper” there were substituted “voting”;

(vi) in sub-article (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

(vii) in sub-article (4)(c), for “display a ballot paper after the voter has marked it so as to make known” there were substituted “disclose”;

(gg) in Article 99(a) of those Regulations, 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”;

(hh) in Article 114 of those Regulations, there were inserted “or a cartridge or disc from a voting machine” after “ballot paper”;

(ii) in Article 121 of those Regulations, 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); and

(jj) in Article 123, there were inserted “and the Electoral (Amendment) Act 2004” after “these Regulations”.

SCHEDULE 3 Modification of Certain Provisions of Act of 1994

Modification of Certain Provisions of Act of 1994

Section 7.

For the purpose of the application by virtue of this Act to voting and the counting of votes at a referendum of certain provisions of the Act of 1994, 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 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) a reference in any section of the Act of 1994 to that Act included, where appropriate, a reference to this Act;

(e) in section 2(3) of that Act there were inserted after paragraph (i) the following paragraph;

“(ii) in section 75 of the said Act for ‘as a ballot box for the purposes of section 114’ there were substituted ‘in accordance with section 12 of the Electoral (Amendment) Act 2004’;”;

(f) in section 7 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);

(g) in section 15(4) 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 the Electoral (Amendment) Act 2004”;

(h) in section 24 of that Act—

(i) there were inserted “or Part IA” after “Part I” in paragraph (a) of subsection (1);

(ii) there were inserted “or Part IIA” after “Part II” in subsection (2); and

(iii) there were inserted “for postal and special voters” after “ballot papers” in each place where those words occur in paragraphs (a) and (b) of subsection (5);

(i) in section 25(1) of that Act, there were inserted “for a postal or special voter” after “ballot paper”;

(j) in section 26 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 (b) of subsection (1);

(ii) for “ballot boxes have been sealed by the presiding officer pursuant to section 110 of the Act of 1992 (as applied by section 32)” in subsection (6), there were substituted “voting machines are closed down by the presiding officer pursuant to section 11 of the Electoral (Amendment) Act 2004”;

(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;

(k) in section 28(2) of that Act for “ballot paper placed in a ballot box” there were substituted “vote cast on a ballot paper on a voting machine”;

(l) in section 38 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 9(1), 11(2) and 12(5) and (6) of the Electoral (Amendment) Act 2004”; and

(ii) for “section 114 of the Act of 1992 (as applied by section 33)” in paragraph (b) of subsection (2) there were substituted “section 13 of the Electoral (Amendment) Act 2004”;

(m) in section 39 of that Act there were substituted for paragraph (d) of subsection (2) the following

“(d) the cartridges or discs referred to in subsection (1) of section 38 (as modified by virtue of the Electoral (Amendment) Act 2004) and the documents referred to in paragraphs (a) and (b) of section 12(9) of that Act.”;

(n) in section 47 of that Act the following were substituted for subsections (1) to (4)—

“(1) The court may, for the purposes of the trial of a referendum petition, if it thinks fit, order—

(a) that all the votes cast at a referendum on voting machines in a constituency shall be counted afresh, or

(b) that all the votes so cast or recorded on cartridges or discs contained in particular voting machines shall be so counted,

and where the court so orders, the provisions of this section shall have effect. 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 referendum, including the vote number referred to in section 13 of the Electoral (Amendment) Act 2004 and a separate record of each vote cast at the referendum, showing the preference recorded on it and the vote number referred to in that section 13.

(2) Votes to which an order under this section relates shall be counted afresh under the direction of the court and subject to subsections (3), (4) and (4A) and to such modifications (if any) as the court considers necessary.

(3) In counting the votes afresh pursuant to an order under this section, the count shall begin without disturbing the mix carried out by the constituency vote counting machine under section 13 of the Electoral (Amendment) Act 2004.

(4) Where votes are counted afresh pursuant to an order under this section and the court decides that votes shall be added to, or removed from, the vote table, 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 count.

(4A) The court shall have power to reverse any decision of the local returning officer at the original count.”;

(o) in the Second Schedule to that Act—

(i) there were inserted after Part I, the following

“Part IA

FORM OF BALLOT PAPER FOR USE ON A VOTING MACHINE AT CONSTITUTIONAL REFERENDUM

(Space for title if any)

An bhfuil tú ag toiliú leis an togra chun an Bunreacht a leasú atá sa Bhille thíosluaite?

An bhfuil tú ag toiliú leis an togra chun an Bunreacht a leasú atá sa Bhille thíosluaite?

Do you approve of the proposal to amend the Constitution contained in the undermentioned Bill?

Do you approve of the proposal to amend the Constitution contained in the undermentioned Bill?

NÁ BRÚIGH ACH AON CHNAIPE AMHÁIN PRESS ONE BUTTON ONLY

NÁ BRÚIGH ACH AON CHNAIPE AMHÁIN PRESS ONE BUTTON ONLY

MÁ THOILÍONN TU, brúigh an cnaipe seo

MÁ THOILÍONN TU,

brúigh an cnaipe seo

TÁ YES

TÁ

YES

IF YOU APPROVE, press this button

IF YOU APPROVE,

press this button

MURA dTOILÍONN TÚ, brúigh an cnaipe seo

MURA dTOILÍONN TÚ,

brúigh an cnaipe seo

NÍL NO

NÍL

NO

IF YOU DO NOT APPROVE, press this button

IF YOU DO NOT APPROVE,

press this button

and

(ii) there were inserted after Part II, the following

“Part IIA

FORM OF BALLOT PAPER FOR USE ON A VOTING MACHINE AT ORDINARY REFERENDUM

(Space for title if any)

An bhfuil tú ag toiliú le dlí a dhéanamh den togra thíosluaite?

An bhfuil tú ag toiliú le dlí a dhéanamh den togra thíosluaite?

Do you approve of the undermentioned proposal becoming law?

Do you approve of the undermentioned proposal becoming law?

NÁ BRÚIGH ACH AON CHNAIPE AMHÁIN PRESS ONE BUTTON ONLY

NÁ BRÚIGH ACH AON CHNAIPE AMHÁIN PRESS ONE BUTTON ONLY

MÁ THOILÍONN TU, brúigh an cnaipe seo

MÁ THOILÍONN TU,

brúigh an cnaipe seo

TÁ YES

TÁ

YES

IF YOU APPROVE, press this button

IF YOU APPROVE,

press this button

MURA dTOILÍONN TÚ, brúigh an cnaipe seo

MURA dTOILÍONN TÚ,

brúigh an cnaipe seo

NÍL NO

NÍL

NO

IF YOU DO NOT APPROVE, press this button

IF YOU DO NOT APPROVE,

press this button

SCHEDULE 4 Modification of certain provisions of Act of 1993

Modification of certain provisions of Act of 1993

Section 7.

For the purposes of the application by virtue of this Act to voting and the counting of votes at a presidential election of certain provisions of the Act of 1993, 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 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) a reference in any section of the Act of 1993 to that Act included, where appropriate, a reference to this Act;

(e) in section 10(4) of that Act there were inserted “postal voters” before “ballot boxes” and there were inserted “, read in the cartridges or discs” after “ballot boxes” in paragraphs (a) and (b);

(f) in section 34 of that Act—

(i) there were inserted “and the entering of votes on postal and special voter ballot papers on a voting machine” after “postal ballot boxes” in subsection 2(b);

(ii) in subsection (7) there were substituted “poll is closed in accordance with section 11 of the Electoral (Amendment) Act 2004” for “ballot boxes have been sealed by the presiding officer pursuant to section 110 of the Act of 1992 (as applied by section 44)”;

(iii) in subsection (8) there were inserted “and the entry of postal ballot papers on the voting machine” after “postal ballot boxes”;

(g) in section 37 of that Act—

(i) there were inserted in subsection (2)(aa) (inserted by section 52(d) of the Act of 2001) after “for that purpose” “and the purposes of the Electoral (Amendment) Act 2004”; and

(ii) there were inserted “postal voter” before “ballot papers” in subsections (2)(d) and (2)(e);

(h) in section 38 of that Act there were inserted “postal voter and special voter” before “ballot paper” in subsection (1);

(i) in section 53 of that Act, the reference to ballot papers in paragraphs (b) and (c) were a reference to votes;

(j) in section 54 of that Act—

(i) in subsection (1), there were inserted “postal voter” before “ballot papers” in paragraphs (a), (b) and (c) and there were substituted the following for paragraph (d)—

“(d) the cartridges or discs containing votes and election database,”;

(ii) in subsection (2) there were substituted the following for paragraph (b)—

“(b) the statement referred to in section 13(3) of the Electoral (Amendment) Act 2004, and”;

(iii) there were inserted in subsection (4) “and the deletion of the votes in the cartridges or discs” after “destroyed”;

(k) in section 55 of that Act, there were inserted “and the documents referred to in paragraphs (a) and (b) of section 12(9) of the Electoral (Amendment) Act 2004” after “section 54(1)” in paragraph (d) of subsection (2); and

(l) in section 60 of that Act, there were inserted “and the entry of postal votes on a voting machine” after “ballot boxes” in paragraph (c).

SCHEDULE 5 Commission on Electronic Voting

Commission on Electronic Voting

Section 21.

Text of Terms of Reference

The Commission, which shall be independent in the performance of its functions, shall prepare a number of reports for presentation to the Ceann Comhairle on the secrecy and accuracy of the chosen electronic voting and counting system, i.e. the Powervote/Nedap system.

The Commission shall make one or more of such reports to the Ceann Comhairle not later than 1 May, 2004 comprising recommendations on the secrecy and accuracy including the application or nonapplication as the case may be of the electronic voting and counting of the Powervote/Nedap system for the European and Local Elections on 11 June, 2004.

The Commission's subsequent report or reports will record its views of the operation and experience of electronic voting and counting at elections.

In carrying out its work, it will be open to the Commission to review the tests already undertaken to validate the electronic voting and counting system, and to have further tests undertaken. It may also retain the service of such consultants or other persons that it considers are desirable.

The Commission shall be entitled to invite and consider submissions on such basis as it thinks appropriate.