IE
(LRC Revised)
Statutory Text (1 Articles)
Number 33 of 2006
ELECTORAL (AMENDMENT) ACT 2006
REVISED
Updated to 16 May 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 2006
. 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
Employment (Collective
Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024
(14/2024), enacted 9 May 2024, and all statutory instruments up to and including
Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
(Commencement) (No. 2) Order 2024
(S.I. No. 207 of 2024), made 16 May 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
33
of
2006
ELECTORAL (AMENDMENT) ACT 2006
REVISED
Updated to 16 May 2024
ARRANGEMENT OF SECTIONS
Section
1. Interpretation.
2. Entry of names in postal voters list.
3. Application to be entered in postal voters list.
4. Applicant to provide information or documents.
5. Notices and application forms.
6. Consideration of applications.
7. Voting by electors under this Act.
8. Amendment of Second Schedule to European Parliament Elections Act 1997.
9. Amendment of Regulations of 1995.
10. Amendment of section 15A of Act of 1992.
11. Amendment of Rule 1 of Second Schedule to Act of 1992.
12. Amendment of Rule 14A of Second Schedule to Act of 1992.
13. Amendment of section 22 of Seanad Electoral (University Members) Act 1937.
14. Amendment of Seanad Electoral (Panel Members) Act 1947.
15. Alternative voting arrangements under this Act.
16. Amendment of section
6 of European Parliament Elections Act 1997.
17. Amendment of Articles 83, 84, 89 and 90 of Regulations of 1995.
18. Amendment of Presidential Elections Act 1993.
19.
List relating to draft register and register in force.
(Repealed)
20. Short title, collective citation and construction.
Acts Referred to
Data Protection Acts 1988 and 2003
Electoral Act 1992
1992, No. 23
Electoral Act 1997
1997, No. 25
Electoral Acts 1992 to 2005
Electoral (Amendment) Act 2002
2002, No. 4
European Parliament Elections Act 1997
1997, No. 2
European Parliament Elections Acts 1992 to 2004
Local Elections Acts 1974 to 2004
Presidential Elections Act 1993
1993, No. 28
Presidential Elections Acts 1992 to 2004
Prisons Acts 1826 to 1980
Referendum Act 1994
1994, No. 12
Referendum Acts 1992 to 2004
Seanad Electoral (Panel Members) Act 1947
1947, No. 42
Seanad Electoral (Panel Members) Acts 1947 to 2001
Seanad Electoral (University Members) Act 1937
1937, No. 30
Seanad Electoral (University Members) Acts 1937 to 2001
Number
33
of
2006
ELECTORAL (AMENDMENT) ACT 2006
REVISED
Updated to 16 May 2024
AN ACT TO PROVIDE FOR POSTAL VOTING AT ELECTIONS AND REFERENDUMS BY PERSONS WHO ARE
IMPRISONED IN THE STATE AND WHO ARE ELIGIBLE TO VOTE AT ELECTIONS AND REFERENDUMS;
TO AMEND THE PRESIDENTIAL ELECTIONS ACT 1993, THE EUROPEAN PARLIAMENT ELECTIONS ACT
1997 AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.
[11
th December
, 2006]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
Functions transferred and
references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief
executive" and "deputy chief executive" construed (16.05.2024) by
Local
Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10.
(1) All functions
(other than functions conferred by or under an enactment specified in Part 1 of
Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach
of Limerick City and County Council shall, on and after that day, vest in the
Mayor.
(2) All functions (other than
functions conferred by or under an enactment specified in Part 2 of Schedule 1)
that, immediately before the vesting day, vested in the chief executive of
Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 1 of
Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the
Cathaoirleach of Limerick City and County Council, be construed as a reference to
the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 2 of
Schedule 1) to chief executive shall, in so far as that reference applies to the
chief executive of Limerick City and County Council, be construed as a reference
to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh
Chomhairleoir
23.
(1) All functions
conferred by or under an enactment specified in Part 1 of Schedule 1 that,
immediately before the vesting day, vested in the Cathaoirleach of Limerick City
and County Council shall, on and after that day, vest in the Príomh
Chomhairleoir.
(2) From the vesting day, a
reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or
Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of
Limerick City and County Council, be construed as a reference to the Príomh
Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the
context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh
Chomhairleoir
25.
(1) All functions
conferred by or under any enactment that, immediately before the vesting day,
vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on
and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a
reference in any enactment to Leas-Chathaoirleach shall, in so far as that
reference applies to the Leas-Chathaoirleach of Limerick City and County Council,
be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a
reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26.
(1) The chief executive
of Limerick City and County Council shall, on and after the vesting day, be known
as the director general of Limerick City and County Council and is in this Act
referred to as the “director general”.
(2) The person who, immediately
before the vesting day, was the chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in an enactment specified in Part 2 of Schedule 1 to chief executive
shall, in so far as that reference applies to the chief executive of Limerick City
and County Council, be construed as a reference to the director general, or as
including a reference to the director general, as the context may require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28.
(1) On and after the
vesting day, a deputy chief executive appointed by the director general under
section 148 of the Principal Act shall be known as the deputy director general of
Limerick City and County Council and is, in this Act, referred to as the “deputy
director general”.
(2) The person who, immediately
before the vesting day, was the deputy chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in any enactment to deputy chief executive shall, in so far as the
reference applies to the deputy chief executive of Limerick City and County
Council, be construed as a reference to the deputy director general, or as
including a reference to the deputy director general, as the context may
require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of
Sections 10 and 23
Number and
Year
(1)
Provision
(2)
Extent of
Modification
(3)
No. 37 of 2001
Local Government Act 2001
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,
34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),
141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),
178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and
220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,
13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule
14.
PART 2
Enactments for Purposes of
Sections 10 and 26
Number and
Year
(1)
Short Title
(2)
Provision
(3)
...
...
...
No. 33 of 2006
Electoral (Amendment) Act 2006
The whole Act
...
...
...
C2
Reference to “elector” under collectively cited
Presidential Elections Acts
and reference to “presidential elector” under collectively cited
Presidential Elections Acts
and
Referendum Acts
construed (11.12.1992) by
Electoral Act 1992
(23/1992), s. 7(2) and (3), S.I. No. 386 of 1992, art. 3(b).
Registration of
presidential electors.
7.
—
(1)
A person shall be entitled to be registered as a presidential elector in a constituency
if he has reached the age of eighteen years and if he was, on the qualifying date—
(
a
)
a citizen of Ireland, and
(
b
)
ordinarily resident in that constituency.
(2)
For the purposes of—
(i)
the
Presidential Elections Acts, 1937 to 1992
,
(ii)
the
Referendum Acts, 1942 to 1992
, and
(iii)
this Act,
“
presidential elector
” means a person entitled to vote at an election of a person to the office of President
of Ireland.
(3)
In the
Presidential Elections Acts, 1937 to 1992
“
elector
”, when used alone, means a person described in
subsection (1)
.
C3
Time at which person attains a particular age for the purpose of collectively cited
Seanad Electoral (Panel Members) Acts
provided (1.03.1985) by
Age of Majority Act 1985
(2/1985), s. 4, commenced on enactment.
Time at which person attains a particular age.
4.
—
(1)
Subject to
subsection (3)
, the time at which a person attains a particular age expressed in years shall, for
the purposes of any rule of law or of any statutory provision, deed, will or other
instrument, be the commencement of the relevant anniversary of the date of his birth.
(2)
Subsection (1)
applies only where the relevant anniversary falls on a date after that on which this
Act comes into operation, and, in relation to any statutory provision, deed, will
or other instrument, has effect subject to any provision therein.
(3)
(
a
)
The date on which a person attains the age of eighteen years shall, for the purposes
of any statutory provision to which this subsection applies, be calculated in the
same manner as it is calculated for the purpose of determining whether a person has
the right to vote at an election for members of Dáil Éireann.
(
b
)
This subsection applies to—
(i)
the Electoral Acts, 1923 to 1983,
(ii)
the Presidential Elections Acts, 1937 to 1973,
(iii)
the Seanad Electoral (University Members) Acts, 1937 to 1973,
(iv)
the Referendum Acts, 1942 to 1984,
(v)
the Local Elections Acts, 1963 to 1974, and
(vi)
the European Assembly Elections Acts, 1977 and 1984.
Editorial Notes
E1
Previous affecting provision: ministerial power to make adaptations or modifications
to collectively cited Acts granted (1.11.2001) by
Electoral (Amendment) Act 2001
(38/2001), s. 48(1) and (3), S.I. No. 497 of 2001; repealed (19.05.2004) by
Electoral (Amendment) Act 2004
(15/2004), s. 3, S.I. No. 215 of 2004.
E2
Previous affecting provision: provisions of collectively cited
Referendum Acts
adapted and modified (22.05.1992) by
Referendum (Special Difficulty) Order 1992
(S.I. No. 128 of 1992), arts. (3) and (4), for purposes of
Eleventh Amendment of the Constitution Bill 1992
.
Annotations
Modifications (not altering text)
C1
Functions transferred and
references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief
executive" and "deputy chief executive" construed (16.05.2024) by
Local
Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10.
(1) All functions
(other than functions conferred by or under an enactment specified in Part 1 of
Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach
of Limerick City and County Council shall, on and after that day, vest in the
Mayor.
(2) All functions (other than
functions conferred by or under an enactment specified in Part 2 of Schedule 1)
that, immediately before the vesting day, vested in the chief executive of
Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 1 of
Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the
Cathaoirleach of Limerick City and County Council, be construed as a reference to
the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 2 of
Schedule 1) to chief executive shall, in so far as that reference applies to the
chief executive of Limerick City and County Council, be construed as a reference
to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh
Chomhairleoir
23.
(1) All functions
conferred by or under an enactment specified in Part 1 of Schedule 1 that,
immediately before the vesting day, vested in the Cathaoirleach of Limerick City
and County Council shall, on and after that day, vest in the Príomh
Chomhairleoir.
(2) From the vesting day, a
reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or
Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of
Limerick City and County Council, be construed as a reference to the Príomh
Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the
context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh
Chomhairleoir
25.
(1) All functions
conferred by or under any enactment that, immediately before the vesting day,
vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on
and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a
reference in any enactment to Leas-Chathaoirleach shall, in so far as that
reference applies to the Leas-Chathaoirleach of Limerick City and County Council,
be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a
reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26.
(1) The chief executive
of Limerick City and County Council shall, on and after the vesting day, be known
as the director general of Limerick City and County Council and is in this Act
referred to as the “director general”.
(2) The person who, immediately
before the vesting day, was the chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in an enactment specified in Part 2 of Schedule 1 to chief executive
shall, in so far as that reference applies to the chief executive of Limerick City
and County Council, be construed as a reference to the director general, or as
including a reference to the director general, as the context may require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28.
(1) On and after the
vesting day, a deputy chief executive appointed by the director general under
section 148 of the Principal Act shall be known as the deputy director general of
Limerick City and County Council and is, in this Act, referred to as the “deputy
director general”.
(2) The person who, immediately
before the vesting day, was the deputy chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in any enactment to deputy chief executive shall, in so far as the
reference applies to the deputy chief executive of Limerick City and County
Council, be construed as a reference to the deputy director general, or as
including a reference to the deputy director general, as the context may
require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of
Sections 10 and 23
Number and
Year
(1)
Provision
(2)
Extent of
Modification
(3)
No. 37 of 2001
Local Government Act 2001
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,
34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),
141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),
178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and
220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,
13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule
14.
PART 2
Enactments for Purposes of
Sections 10 and 26
Number and
Year
(1)
Short Title
(2)
Provision
(3)
...
...
...
No. 33 of 2006
Electoral (Amendment) Act 2006
The whole Act
...
...
...
C2
Reference to “elector” under collectively cited
Presidential Elections Acts
and reference to “presidential elector” under collectively cited
Presidential Elections Acts
and
Referendum Acts
construed (11.12.1992) by
Electoral Act 1992
(23/1992), s. 7(2) and (3), S.I. No. 386 of 1992, art. 3(b).
Registration of
presidential electors.
7.
—
(1)
A person shall be entitled to be registered as a presidential elector in a constituency
if he has reached the age of eighteen years and if he was, on the qualifying date—
(
a
)
a citizen of Ireland, and
(
b
)
ordinarily resident in that constituency.
(2)
For the purposes of—
(i)
the
Presidential Elections Acts, 1937 to 1992
,
(ii)
the
Referendum Acts, 1942 to 1992
, and
(iii)
this Act,
“
presidential elector
” means a person entitled to vote at an election of a person to the office of President
of Ireland.
(3)
In the
Presidential Elections Acts, 1937 to 1992
“
elector
”, when used alone, means a person described in
subsection (1)
.
C3
Time at which person attains a particular age for the purpose of collectively cited
Seanad Electoral (Panel Members) Acts
provided (1.03.1985) by
Age of Majority Act 1985
(2/1985), s. 4, commenced on enactment.
Time at which person attains a particular age.
4.
—
(1)
Subject to
subsection (3)
, the time at which a person attains a particular age expressed in years shall, for
the purposes of any rule of law or of any statutory provision, deed, will or other
instrument, be the commencement of the relevant anniversary of the date of his birth.
(2)
Subsection (1)
applies only where the relevant anniversary falls on a date after that on which this
Act comes into operation, and, in relation to any statutory provision, deed, will
or other instrument, has effect subject to any provision therein.
(3)
(
a
)
The date on which a person attains the age of eighteen years shall, for the purposes
of any statutory provision to which this subsection applies, be calculated in the
same manner as it is calculated for the purpose of determining whether a person has
the right to vote at an election for members of Dáil Éireann.
(
b
)
This subsection applies to—
(i)
the Electoral Acts, 1923 to 1983,
(ii)
the Presidential Elections Acts, 1937 to 1973,
(iii)
the Seanad Electoral (University Members) Acts, 1937 to 1973,
(iv)
the Referendum Acts, 1942 to 1984,
(v)
the Local Elections Acts, 1963 to 1974, and
(vi)
the European Assembly Elections Acts, 1977 and 1984.
Editorial Notes
E1
Previous affecting provision: ministerial power to make adaptations or modifications
to collectively cited Acts granted (1.11.2001) by
Electoral (Amendment) Act 2001
(38/2001), s. 48(1) and (3), S.I. No. 497 of 2001; repealed (19.05.2004) by
Electoral (Amendment) Act 2004
(15/2004), s. 3, S.I. No. 215 of 2004.
E2
Previous affecting provision: provisions of collectively cited
Referendum Acts
adapted and modified (22.05.1992) by
Referendum (Special Difficulty) Order 1992
(S.I. No. 128 of 1992), arts. (3) and (4), for purposes of
Eleventh Amendment of the Constitution Bill 1992
.
ARRANGEMENT OF SECTIONS
Section
1. Interpretation.
2. Entry of names in postal voters list.
3. Application to be entered in postal voters list.
4. Applicant to provide information or documents.
5. Notices and application forms.
6. Consideration of applications.
7. Voting by electors under this Act.
8. Amendment of Second Schedule to European Parliament Elections Act 1997.
9. Amendment of Regulations of 1995.
10. Amendment of section 15A of Act of 1992.
11. Amendment of Rule 1 of Second Schedule to Act of 1992.
12. Amendment of Rule 14A of Second Schedule to Act of 1992.
13. Amendment of section 22 of Seanad Electoral (University Members) Act 1937.
14. Amendment of Seanad Electoral (Panel Members) Act 1947.
15. Alternative voting arrangements under this Act.
16. Amendment of section
6 of European Parliament Elections Act 1997.
17. Amendment of Articles 83, 84, 89 and 90 of Regulations of 1995.
18. Amendment of Presidential Elections Act 1993.
19.
List relating to draft register and register in force.
(Repealed)
20. Short title, collective citation and construction.