(LRC Revised)

Number 15 of 2004

ELECTORAL (AMENDMENT) ACT 2004

REVISED

Updated to 31 March 2024

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Electoral (Amendment) Act 2004

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Road Traffic Act 2024

(10/2024), enacted 17 April 2024, and all statutory instruments up to and including

the

Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

(Commencement) Order 2024

(S.I. No. 123 of 2024), made 28 March 2024, were

considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

15

of

2004

ELECTORAL (AMENDMENT) ACT

2004

REVISED

Updated to 31 March

2024

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title, collective citations, construction and commencement.

2.

Offences relating to voting system equipment.

3.

Repeal.

PART 2

Vote Recording and Electronic Vote Counting

4.

Interpretation.

5.

Use of voting machines and electronic vote counting.

6.

Application of certain provisions of relevant enactments.

7.

Modification of relevant enactments in their application for purposes of Act.

8.

Preparation of voting machines.

9.

Opening of poll.

10.

Procedure for voting.

11.

Duties of presiding officer at close of poll.

12.

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

13.

Preliminary proceedings and time for counting of votes.

14.

Further application of certain provisions of relevant enactments.

15.

Election petitions.

16.

Modification of Local Elections (Petitions and Disqualifications) Act 1974 in its

application for purposes of Act.

PART 3

Commission on Electronic Voting

17.

Commission on Electronic Voting.

18.

Independence of Commission.

19.

Membership.

20.

Provisions in relation to members.

21.

Functions of Commission.

22.

Presentation of reports of Commission.

23.

Commission to invite and consider submissions.

24.

Staff and assistance.

25.

Expenses.

26.

Procedure of Commission.

27.

Prohibition on disclosure of information and absolute privilege of certain matters.

28.

Prohibition of certain communications.

29.

Indemnification of Commission and certain other persons.

PART 4

Miscellaneous

30.

Provision of detailed poll information.

31.

Amendment of section 88 of Electoral Act 1992.

32.

Amendment of Electoral (Amendment) Act 2001.

33.

Amendment of Schedule to Electoral Act 1997.

34.

Amendment of section 161 of Local Government Act 2001.

35.

Unlawful possession of polling information card.

SCHEDULE 1

Modification of Certain Provisions of Act of 1997

SCHEDULE 2

Modification of Certain Provisions of Regulations of 1995

SCHEDULE 3

Modification of Certain Provisions of Act of 1994

SCHEDULE 4

Modification of Certain Provisions of Act of 1993

SCHEDULE 5

Commission on Electronic Voting — Text of Terms of Reference.

Acts Referred to

Electoral Act 1992

1992, No. 23

Electoral (Amendment) Act 1996

1996, No. 43

Electoral (Amendment) Act 2001

2001, No.38

Electoral Act 1997

1997, No. 25

Electoral Acts 1992 to 2002

European Communities Act 1972

1972, No. 27

European Parliament Elections Act 1997

1997, No. 2

European Parliament Elections Acts 1992 to 2004

Houses of the Oireachtas Commission Act 2003

2003, No. 28

Insurance Acts 1909 to 2000

Local Elections (Petitions and Disqualifications) Act 1974

1974, No. 8

Local Government Act 2001

2001, No. 5

7

Local Government (No. 2) Act 2003

2003, No. 17

Local Government Acts 1925 to 2003

Local Elections Acts 1974 to 2002

Presidential Elections Act 1993

1993, No. 28

Presidential Elections Acts 1992 to 2001

Referendum Act 1994

1994, No. 12

Referendum Acts 1992 to 2001

Number

15

of

2004

ELECTORAL (AMENDMENT) ACT 2004

REVISED

Updated to 31 March

2024

AN ACT TO AMEND AND EXTEND THE ELECTORAL ACTS 1992 TO 2002, THE EUROPEAN PARLIAMENT

ELECTIONS ACTS 1992 TO 2004, THE PRESIDENTIAL ELECTIONS ACTS 1992 TO 2001, THE LOCAL

GOVERNMENT ACTS 1925 TO 2003, THE LOCAL ELECTIONS ACTS 1974 TO 2002 AND THE REFERENDUM

ACTS 1992 TO 2001 AND TO PROVIDE FOR RELATED MATTERS.

[18

th May

, 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Section

1.

Short title, collective citations, construction and commencement.

2.

Offences relating to voting system equipment.

3.

Repeal.

PART 2

Vote Recording and Electronic Vote Counting

4.

Interpretation.

5.

Use of voting machines and electronic vote counting.

6.

Application of certain provisions of relevant enactments.

7.

Modification of relevant enactments in their application for purposes of Act.

8.

Preparation of voting machines.

9.

Opening of poll.

10.

Procedure for voting.

11.

Duties of presiding officer at close of poll.

12.

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

13.

Preliminary proceedings and time for counting of votes.

14.

Further application of certain provisions of relevant enactments.

15.

Election petitions.

16.

Modification of Local Elections (Petitions and Disqualifications) Act 1974 in its

application for purposes of Act.

PART 3

Commission on Electronic Voting

17.

Commission on Electronic Voting.

18.

Independence of Commission.

19.

Membership.

20.

Provisions in relation to members.

21.

Functions of Commission.

22.

Presentation of reports of Commission.

23.

Commission to invite and consider submissions.

24.

Staff and assistance.

25.

Expenses.

26.

Procedure of Commission.

27.

Prohibition on disclosure of information and absolute privilege of certain matters.

28.

Prohibition of certain communications.

29.

Indemnification of Commission and certain other persons.

PART 4

Miscellaneous

30.

Provision of detailed poll information.

31.

Amendment of section 88 of Electoral Act 1992.

32.

Amendment of Electoral (Amendment) Act 2001.

33.

Amendment of Schedule to Electoral Act 1997.

34.

Amendment of section 161 of Local Government Act 2001.

35.

Unlawful possession of polling information card.

SCHEDULE 1

Modification of Certain Provisions of Act of 1997

SCHEDULE 2

Modification of Certain Provisions of Regulations of 1995

SCHEDULE 3

Modification of Certain Provisions of Act of 1994

SCHEDULE 4

Modification of Certain Provisions of Act of 1993

SCHEDULE 5

Commission on Electronic Voting — Text of Terms of Reference.

Number

15

of

2004