(LRC Revised)

Number 9 of 2009

ELECTORAL (AMENDMENT) (NO. 2) ACT 2009

REVISED

Updated to 9 January 2023

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

Electoral (Amendment) (No. 2) Act 2009

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

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

Local Government (Maternity

Protection and Other Measures for Members of Local Authorities) Act 2022

(52/2022), enacted 21 December 2022, and all statutory instruments up to and including

Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order

2023

(S.I. No. 1 of 2023), made 9 January 2023, 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

9

of

2009

ELECTORAL (AMENDMENT) (NO. 2) ACT 2009

REVISED

Updated to 9 January

2023

ARRANGEMENT OF SECTIONS

Section

1. Definition.

2. Amendment of section 2 of Act of 1999.

3. Amendment of section 6 of Act of 1999.

4. Insertion of Part IIIA in Act of 1999.

5. Amendment of section 19 of Act of 1999.

6. Amendment of section 19C of Act of 1999.

7. Amendment of section 20 of Act of 1999.

8. Amendment of section 21 of Act of 1999.

9. Amendment of section 19 of Litter Pollution Act 1997.

10. Short title, construction and collective citations.

Acts Referred to

Electoral (Amendment) Act 2001

2001, No. 38

Electoral Act 1992

1992,No. 23

European Parliament Elections Act 1997

1997,No. 2

Litter Pollution Act 1997

1997,No. 12

Litter Pollution Acts 1997 to 2003

Local Elections (Disclosure of Donations and Expenditure) Act 1999

1999, No. 7

Local Government Act 2001

2001,No. 37

Planning and Development Act 2000

2000,No. 30

Presidential Elections Act 1993

1993,No. 28

Referendum Act 1994

1994,No. 12

Údarás na Gaeltachta Act 1979

1979, No. 5

Number

9

of

2009

ELECTORAL (AMENDMENT) (NO. 2) ACT 2009

REVISED

Updated to 9 January

2023

AN ACT TO REGULATE EXPENDITURE BY POLITICAL PARTIES AND CANDIDATES; TO AMEND THE

LOCAL ELECTIONS (DISCLOSURE OF DONATIONS AND EXPENDITURE) ACT 1999; TO AMEND THE LITTER

POLLUTION ACT 1997; AND TO PROVIDE FOR RELATED MATTERS.

[25

th March

, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Application of collectively cited

Electoral Acts 1923 to 1990

and

Electoral Acts 1992 to 2013

restricted (1.07.2014) by

Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014

(6/2014), s. 2(6)(a), S.I. No. 210 of 2014.

Payment of Parliamentary Activities Allowance to parliamentary leaders of qualifying

parties and to independent members

2.

...

(6) An allowance paid under this section shall not be used for, or to recoup, election

or poll expenses incurred for the purposes of any election or poll held under—

(a) the Electoral Acts 1923 to 1990 or the Electoral Acts 1992 to 2013,

...

C2

Offences under collectively cited

Litter Pollution Acts 1997 to 2003

deemed to be offences for the purposes of s. 34(5)(a) of the

Waste Management Acts 1996 to 2007

(31.03.2008) by

Waste Management (Collection Permit) Regulations 2007

(S.I. No. 820 of 2007), art 21(l).

Offences for the purpose of section 34(5) of the Act

21. It is hereby prescribed that, notwithstanding the revocation of any Regulations

specified hereunder and subject to any amendment that may be made to these Regulations

from time to time— ...

(

l

) an offence under the Litter Pollution Acts 1997 — 2003 (

S.I. No. 12 of 1997

and

S.I. No. 27 of 2003

),

...

shall be an offence for the purposes of section 34(5)(

a

) of the Act.

C3

Offences under collectively cited

Litter Pollution Acts 1997 to 2003

deemed to be offences for the purposes of arts. 36 and 38 of

Waste Management (Facility Permit and Registration) Regulations 2007

(S.I. No. 821 of 2007) (31.03.2008) by

Waste Management (Facility Permit and Registration) Regulations 2007

(S.I. No. 821 of 2007), art. 22(l).

Offences for the Purpose of articles 36 and 38

22. It is hereby prescribed that, notwithstanding the revocation of any Regulations

specified hereunder, subject to any amendments which may be made to the regulations

from time to time—

...

(

l

) an offence under the Litter Pollution Acts, 1997 — 2003,

...

shall be an offence for the purposes of articles 36 and 38.

Annotations

Modifications (not altering text)

C1

Application of collectively cited

Electoral Acts 1923 to 1990

and

Electoral Acts 1992 to 2013

restricted (1.07.2014) by

Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014

(6/2014), s. 2(6)(a), S.I. No. 210 of 2014.

Payment of Parliamentary Activities Allowance to parliamentary leaders of qualifying

parties and to independent members

2.

...

(6) An allowance paid under this section shall not be used for, or to recoup, election

or poll expenses incurred for the purposes of any election or poll held under—

(a) the Electoral Acts 1923 to 1990 or the Electoral Acts 1992 to 2013,

...

C2

Offences under collectively cited

Litter Pollution Acts 1997 to 2003

deemed to be offences for the purposes of s. 34(5)(a) of the

Waste Management Acts 1996 to 2007

(31.03.2008) by

Waste Management (Collection Permit) Regulations 2007

(S.I. No. 820 of 2007), art 21(l).

Offences for the purpose of section 34(5) of the Act

21. It is hereby prescribed that, notwithstanding the revocation of any Regulations

specified hereunder and subject to any amendment that may be made to these Regulations

from time to time— ...

(

l

) an offence under the Litter Pollution Acts 1997 — 2003 (

S.I. No. 12 of 1997

and

S.I. No. 27 of 2003

),

...

shall be an offence for the purposes of section 34(5)(

a

) of the Act.

C3

Offences under collectively cited

Litter Pollution Acts 1997 to 2003

deemed to be offences for the purposes of arts. 36 and 38 of

Waste Management (Facility Permit and Registration) Regulations 2007

(S.I. No. 821 of 2007) (31.03.2008) by

Waste Management (Facility Permit and Registration) Regulations 2007

(S.I. No. 821 of 2007), art. 22(l).

Offences for the Purpose of articles 36 and 38

22. It is hereby prescribed that, notwithstanding the revocation of any Regulations

specified hereunder, subject to any amendments which may be made to the regulations

from time to time—

...

(

l

) an offence under the Litter Pollution Acts, 1997 — 2003,

...

shall be an offence for the purposes of articles 36 and 38.

ARRANGEMENT OF SECTIONS

Section

1. Definition.

2. Amendment of section 2 of Act of 1999.

3. Amendment of section 6 of Act of 1999.

4. Insertion of Part IIIA in Act of 1999.

5. Amendment of section 19 of Act of 1999.

6. Amendment of section 19C of Act of 1999.

7. Amendment of section 20 of Act of 1999.

8. Amendment of section 21 of Act of 1999.

9. Amendment of section 19 of Litter Pollution Act 1997.

10. Short title, construction and collective citations.

Number

9

of

2009