PART II

Taking a Referendum

10. —(1) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed or deemed to have been passed by both Houses of the Oireachtas the Minister shall by order appoint the day (in this Act referred to as “the polling day”) upon which and the period during which the poll at the referendum on such proposal shall be taken.

(2) Subject to section 11 , the polling day shall be not less than thirty days and not more than ninety days after the date of the order.

(3) Every order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

(4) On such a Bill being passed or deemed to have been passed by both Houses the Clerk of the Dáil shall forthwith inform the Minister accordingly.

11. —(1) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas, and Dáil Éireann is dissolved before the Minister has made under section 10 an order appointing the polling day at the referendum on such proposal, the Minister may (notwithstanding anything contained in the said section 10 ) by order under that section appoint the polling day at the general election consequent on such dissolution of Dáil Éireann to be the polling day at the referendum.

(2) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas, and Dáil Éireann is dissolved after the Minister has made an order (in this subsection referred to as the original order) under section 10 in relation to the referendum on such proposal and before the polling day appointed by that order, the Minister may by order amend the original order by substituting the day which is the polling day at the general election consequent on the dissolution of Dáil Éireann for the day named in the original order as the polling day at the referendum.

12. —(1) Whenever—

(a) the Taoiseach is informed in accordance with Article 27 of the Constitution that the President has decided that a Bill to which that Article applies contains a proposal of such national importance that the will of the people thereon ought to be ascertained, and

(b) the Government determine that a referendum for the purpose of ascertaining the will of the people on the proposal shall be taken,

the Minister shall by order appoint the day (in this Act referred to as “the polling day”) upon which and the period during which the poll at the referendum shall be taken.

(2) The polling day appointed by an order under this section shall be not less than thirty days and not more than ninety days after the date of the order.

(3) Whenever the Government determine that an ordinary referendum shall be taken, the Government shall cause notice of the determination to be published in Iris Oifigiúil, and such publication shall be conclusive evidence of the determination.

(4) Every order made by the Minister under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

13. —The poll at a referendum shall—

(a) be taken on such day as shall be appointed for this purpose by order of the Minister under this Act, and

(b) shall continue for such period, not being less than 12 hours, between the hours of 8 a.m. and 10.30 p.m., as may be appointed by the said order, subject to the restriction that the same day and the same period shall be so appointed for all constituencies.

14. —(1) Not later than the day on which an order appointing the polling day at a referendum is made, the Minister shall appoint a person to be the returning officer (in this Act referred to as “the referendum returning officer”) for the purposes of the referendum.

(2) Where the referendum returning officer is prevented by illness or other reasonable cause from performing all or any of his duties at the referendum, the Minister shall appoint a person to act as a referendum returning officer for the performance of those duties during the period of the prevention and references in this Act to the referendum returning officer shall be construed accordingly.

(3) It shall be the duty of the referendum returning officer to conduct the referendum for the purposes of which the officer is appointed, to ascertain and declare the result thereof in accordance with this Act, and to do such other acts and things in respect of the referendum as are required by this Act.

(4) There shall be charged on and paid out of the Central Fund or the growing produce thereof to the referendum returning officer such sums as the Minister for Finance shall sanction for that officer's services and expenses in respect of the referendum for the purposes of which the officer is appointed.

(5) For the purpose of payment for such services and expenses, an account of them shall be submitted by the referendum returning officer to the Minister for Finance and the Minister for Finance may issue directions as to the time when and the manner and form in which the account shall be so submitted.

(6) The Minister for Finance may make an advance to the referendum returning officer for the officer's services and expenses on such terms as that Minister thinks fit.

(7) The appointment of a referendum returning officer for the purposes of a referendum shall be deemed to extend to and include appointment for the purposes of any retaking of the referendum pursuant to section 48 .

15. —(1) The person who would be the returning officer at a Dáil election in a constituency shall be the returning officer (in this Act referred to as “the local returning officer”) in that constituency for the purposes of a referendum.

(2) Where the person referred to in subsection (1) is prevented by illness or other reasonable cause from performing all or any of the duties of a local returning officer or where a vacancy occurs in an office by virtue of which a person would be the returning officer at a Dáil election, the Minister shall appoint a person to act as local returning officer for the constituency concerned during the period of the prevention or vacancy, as the case may be.

(3) It shall be the duty of the local returning officer for a constituency to take the poll at the referendum in the constituency and to count the votes cast thereat and to do such acts and things as may be necessary for effectually taking the poll and counting the votes in the constituency in accordance with this Act.

(4) Where at a referendum the same person is local returning officer for two or more constituencies, the person shall—

(a) in case those constituencies are two and not more, appoint, in respect of one of them, a deputy local returning officer to open the ballot boxes and count the votes;

(b) in any other case, appoint, in respect of each of the constituencies (except one), a deputy local returning officer to open the ballot boxes and count the votes.

(5) The duties of a deputy local returning officer appointed under subsection (4) shall include the determination of the result of the poll in the constituency concerned and the furnishing to the referendum returning officer of the report referred to in section 37 .

(6) An appointment under subsection (4) may be revoked by the local returning officer and, where an appointment is so revoked or the deputy local returning officer dies, resigns or becomes incapable of acting during the referendum, another deputy local returning officer shall be appointed in accordance with the said subsection (4).

(7) Where pursuant to section 30 (2) of the Act of 1992 a person has been appointed as assistant returning officer for a part of a constituency, that person shall be the assistant local returning officer for the purposes of a referendum in that part of the constituency.

(8) An assistant local returning officer shall perform, in the part of the constituency for which the appointment is made, such of the duties of the local returning officer for the constituency as that officer is not required by law to perform in person but, if any doubt arises as to the duties of an assistant local returning officer, the doubt shall be determined by the Minister.

(9) References in this Act to local returning officers shall, where appropriate, include references to assistant, deputy and acting local returning officers.

16. —(1) The Minister for Finance shall prepare a scale of maximum charges for local returning officers and every local returning officer shall be paid by the said Minister out of the Central Fund or the growing produce thereof the officer's reasonable charges, in respect of services and expenses in relation to a referendum, not exceeding the maximum charges specified in the scale prepared under this section and applying for the time being.

(2) For the purpose of the payment of such charges, an account of them shall be submitted by a local returning officer to the Minister for Finance and the Minister for Finance may issue to local returning officers directions as to the time when and the manner and form in which the account shall be so submitted.

(3) On the request of a local returning officer for an advance on account of the officer's charges, the Minister for Finance may, on such terms as the said Minister thinks fit, make such an advance.

(4) The Minister for Finance may, before payment of a local returning officer's charges under this section, apply to a judge of the Circuit Court having jurisdiction in any part of the constituency concerned for the taxation of the account submitted by the local returning officer and the judge shall tax the account and determine the amount payable there under.

(5) The taxation under this section of the account of a local returning officer shall, if the judge so decides on the application of the officer, include the determination of any claim made against the officer in respect of any matter charged for in the account.

17. —(1) Not later than five days before the polling day at an ordinary referendum, every registration authority shall furnish to the referendum returning officer a statement in writing of the number of presidential electors registered in the register of presidential electors in force on the polling day in each constituency or portion of a constituency contained in their registration area.

(2) In this section “registration authority” and “registration area” have the same meanings, respectively, as in Part II of the Act of 1992 and the “register of presidential electors” shall include any supplement to the register published under section 15 of that Act and having effect in relation to such referendum.

18. —(1) For the purpose of taking the poll at a referendum, the State shall be deemed to be divided into the same constituencies as those into which it is for the time being divided for the purpose of Dáil elections and the poll shall be taken separately in each such constituency.

(2) The Minister may, if satisfied that it is appropriate so to do, by order, made not later than the date on which the order appointing the polling day at a referendum is made, provide that for the purpose of the referendum concerned each county and each county borough shall be deemed to be a constituency for the purpose of Dáil elections and, as respects a referendum for the purpose of which the order is in force—

(a) the poll shall be taken separately in each county and each county borough;

(b) each voter at the poll shall vote in the constituency in which the voter would be entitled to vote at a Dáil election if each county and each county borough in the State were a constituency for such election;

(c) the local returning officer shall be—

(i) in the case of the county of Cork, the counties of South Dublin, Fingal and Dún Laoghaire-Rathdown, the county borough of Cork and the county borough of Dublin, the appropriate sheriff, and

(ii) in any other case, the county registrar for the county or county borough concerned;

and

(d) in this Act (other than this subsection)—

(i) references to a constituency shall be construed in accordance with the order, and

(ii) references to a member of the Dáil for the constituency shall be construed as references to a member of the Dáil for any constituency situate wholly or partly within the county or county borough and references to a member of the Seanad resident in the constituency shall be construed as references to a member of the Seanad resident in the county or county borough.

(3) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

19. —For the purpose of the poll at a referendum each constituency shall be deemed to be divided into the same polling districts as those into which it is for the time being divided for the purpose of Dáil elections and the places which are for the time being appointed as polling places in each such polling district for the purpose of Dáil elections shall be the polling places for the purpose of taking the poll at a referendum and references in this Act to polling districts and polling places shall be construed accordingly.

20. —As soon as practicable after the making by the Minister of an order appointing the polling day at a referendum the referendum returning officer shall send to every local returning officer a copy of the order and a copy of the Bill containing the proposal which is the subject of the referendum.

21. —Every local returning officer shall, as soon as practicable after receiving from the referendum returning officer a copy of the order appointing the polling day at a referendum, give public notice in the form directed by the Minister of—

(a) the taking of the referendum to which the order relates,

(b) the short title of the Bill containing the proposal which is the subject of the referendum,

(c) the post offices at which copies of the Bill may be inspected and purchased, and

(d) the day on which and the hours during which the poll will be taken.

22. —(1) An Post shall cause copies of the Bill containing the proposal which is the subject of the referendum to be made available for inspection and purchase by members of the public at such post offices as shall be agreed upon between the Minister and An Post at all times at which such post offices are open during the period commencing on the fifth day after the date of the order appointing the polling day and ending on the polling day.

(2) Any member of the public shall be entitled to inspect free of charge a copy of the said Bill, and to purchase a copy thereof at a price (if any) fixed by An Post, with the consent of the Minister, at any post office at which it is made available for such inspection in pursuance of this section during any time at which it is so made available.

23. —(1) At a referendum a statement in relation to the proposal which is the subject of the referendum may be prescribed for the information of voters by resolution of each House of the Oireachtas and, where a statement is so prescribed—

(a) a polling information card sent under section 92 of the Act of 1992 (as applied by section 32 ) shall contain a copy of the statement;

(b) copies of the statement shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of presidential electors for such constituency and is on the postal voters list for such constituency at the same time as the ballot paper for the poll at the referendum is sent to the elector;

(c) copies of the statement shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of presidential electors for such constituency and is on the special voters list for such constituency and shall be so sent in sufficient time to be delivered to the elector before the delivery of the ballot paper to the elector;

(d) copies of the statement shall be displayed by a presiding officer in and in the precincts of the polling station: Provided that the referendum shall not be invalidated by reason of any failure to display such copies in or in the precincts of any polling station.

(2) Where a statement is prescribed under subsection (1) in relation to a referendum, in applying section 103 of the Act of 1992 (as applied by section 32 ) the following subsection shall be substituted for subsection (7):

“(7) (a) Where a ballot paper is to be marked pursuant to subsection (5), the presiding officer may assist the voter by reading out in full from the ballot paper the proposal stated therein and asking the voter “Do you approve of or do you object to that proposal becoming law?” and shall then, unless it is a case to which paragraph (b) of this subsection applies, mark the ballot paper in accordance with the answer of the voter, but the presiding officer shall not act on any written instruction.

(b) Where the voter fails to understand the import of the said question, or does not answer the question the presiding officer—

(i) shall read out to the voter the statement prescribed pursuant to section 23 (1) of the Referendum Act, 1994,

(ii) shall then ask the voter “Which do you wish to do—to vote in favour of the proposal in that Bill or to vote against the proposal?”, and

(iii) shall then mark the ballot paper in accordance with the answer of the voter, but shall not act on any written instructions.”.

24. —(1) At a constitutional referendum—

(a) every ballot paper shall be in the form set out in Part I of the Second Schedule to this Act, and

(b) the proposal which is the subject of the referendum shall be stated on the ballot paper by citing by its short title the Bill containing such proposal passed or deemed to have been passed by both Houses of the Oireachtas.

(2) At an ordinary referendum every ballot paper shall be in the form set out in Part II of the Second Schedule to this Act, and it shall contain a reference to the Bill or the portion of the Bill containing the proposal which is the subject of the referendum.

(3) Where the same day is the polling day at two or more referenda separate ballot papers shall be issued for each referendum.

(4) (a) At a referendum the Minister may, by order, provide for the entry at the beginning of the front of the ballot paper to be used at the referendum of a heading indicative of the proposal which is the subject of the referendum and the referendum returning officer shall cause such heading to be printed on the ballot papers.

(b) Where an order under this subsection is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(5) (a) The ballot papers shall be numbered consecutively on the back and the back of the counterfoil attached to each ballot paper shall bear the same number.

(b) The numbers on the ballot papers shall be printed in the smallest characters compatible with legibility and shall be printed on or about the centre of the paper.

(c) Apart from anything permitted by the form set out in the said Second Schedule nothing shall appear on the ballot paper except in accordance with the provisions of this section.

(6) It shall be the duty of the referendum returning officer to arrange for the printing and procuring of a sufficient quantity of ballot papers and to supply as soon as practicable to every local returning officer such numbers of ballot papers as that officer reasonably requires.

25. —(1) A ballot paper shall at the time of issue be marked with an official mark (in this Act referred to as “the official mark”), which shall be either embossed or perforated so as to be visible on both sides of the paper and the local returning officer shall provide a sufficient number of marking instruments for this purpose.

(2) The local returning officer shall ensure that the official mark is kept secret before the taking of the poll and that any particular mark is not used at two consecutive referenda (other than referenda the polls at which are taken on the same day) in the constituency.

26. —(1) A member of the Dáil for the constituency and any member of the Seanad may appoint agents to be present—

(a) at the issue of ballot papers to postal voters,

(b) at the opening of the postal ballot boxes, and

(c) at the counting of the votes.

(2) Subject to the provisions of subsection (3), the number of agents who may be appointed to be present on behalf of a member of the Dáil or the Seanad shall be fixed by the local returning officer, so, however, that the same number shall be allowed on behalf of every member.

(3) A member of the Dáil for the constituency and any member of the Seanad may appoint one person (in this Act referred to as “a personation agent”) to be present as his agent in each polling station for the purpose of assisting in the detection of personation, and such appointment shall be in writing.

(4) An appointment under this section may be revoked by the person by whom it was made.

(5) A member of the Dáil for the constituency and a member of the Seanad shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notice to the local returning officer for the constituency of the name and address of every agent appointed by that member to be present at the said issue and the local returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address have not been so notified.

(6) A member of the Dáil for the constituency and a member of the Seanad shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every personation agent appointed by that member together with the name of the polling station for which the personation agent is appointed. A personation agent appointed in accordance with this section and whose name and address have been duly notified to the local returning officer shall be entitled to be present in the polling station referred to in the notification during the period commencing 30 minutes before the time fixed by the Minister for the commencement of the poll and ending when the ballot boxes have been sealed by the presiding officer pursuant to section 110 of the Act of 1992 (as applied by section 32 ) and the documents and materials specified in that section have been placed in sealed packets.

(7) A member of the Dáil for the constituency and a member of the Seanad shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every agent appointed by that member to be present at the opening of the postal ballot boxes and the local returning officer may refuse to admit to the place where the postal ballot boxes are to be opened any agent whose name and address have not been so notified.

(8) A member of the Dáil for the constituency and a member of the Seanad shall not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every agent appointed by that member to be present at the counting of the votes and the local returning officer may refuse to admit to the place where the votes are to be counted any agent whose name and address have not been so notified.

(9) Where the appointment of an agent under this section is revoked or an agent appointed under this section dies, resigns or becomes incapable of acting during a referendum, another person may be appointed under this section in place of such agent and, where such an appointment is made, the person making the appointment shall forthwith give written notice of the name and address of the agent appointed to the local returning officer for the constituency concerned.

(10) A member of the Dáil for the constituency and a member of the Seanad may lawfully do or assist in the doing of any thing which may lawfully be done on the member's behalf by an agent appointed under this section and may be present (in addition to, or in substitution for any such agent) at any place at which any such agent may, pursuant to this Act, be present.

(11) Any thing required by this Act to be done in the presence of an agent shall not be invalidated by reason only of the agent's not being present at the time and place appointed for doing such thing.

(12) Where the polling day at a constitutional referendum is also the polling day at a general election—

(a) the powers conferred by this section on a member of the Dáil shall be exercisable by any person who was a member of the Dáil for the constituency concerned immediately before the dissolution which occasioned such general election, and

(b) (i) every person appointed under section 60 of the Act of 1992 to be a personation agent for the purposes of such general election at a polling station shall be deemed to have been appointed under this section to be a personation agent at such polling station for the purposes of such referendum and the provisions of this Act shall apply to the person accordingly,

(ii) every person appointed under this section to be a personation agent for the purposes of the referendum at a polling station shall be deemed to have been appointed under section 60 of the Act of 1992 to be a personation agent at such polling station for the purposes of such general election and the provisions of the Act of 1992 shall apply to the person accordingly.

27. —(1) The referendum returning officer, a local returning officer or a person employed by either of them for any purpose relating to a referendum shall not act as an agent for a member of the Dáil or a member of the Seanad at that referendum and shall not be associated in furthering any particular result at the referendum.

(2) The referendum returning officer or a local returning officer shall not employ in any capacity for the purposes of a referendum a person who has been employed by any other person in or about the referendum or has been associated in furthering any particular result at the referendum.

28. —(1) Every presidential elector whose name is, at the time of a referendum, in the postal voters list for a constituency (in this Act referred to as “a postal voter”) shall be entitled to vote in that constituency at the poll at the referendum by sending a ballot paper by post to the local returning officer for the constituency and shall not be entitled to vote at the referendum in any other manner.

(2) The local returning officer for a constituency shall, as soon as practicable after receiving from the referendum returning officer a copy of the Minister's order appointing the polling day at the referendum, send to each postal voter for the constituency a ballot paper and a form of receipt for such ballot paper in the form directed by the Minister and, if the ballot paper duly marked by the said postal voter and accompanied by the said receipt duly signed by the voter is received by the local returning officer before the close of the poll, it shall be counted by the local returning officer and treated for all purposes in the same manner as a ballot paper placed in a ballot box in the ordinary way at the taking of the poll.

(3) The provisions of sections 65 to 76 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to postal voting at a referendum and, in sending out, receiving and otherwise dealing with the ballot papers of postal voters the local returning officer shall comply with the provisions of those sections.

(4) The notices required to be given pursuant to sections 68 and 73 of the Act of 1992 (as applied by subsection (3)) shall be given to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency.

(5) A reference to an agent in any of the sections of the Act of 1992 referred to in subsection (3) shall be deemed to include a reference to each member of the Dáil for the constituency and any member of the Seanad and any person appointed by such member to be present at the issue of ballot papers to postal voters or the opening of postal voters ballot boxes.

29. —(1) Every presidential elector whose name is, at the time of a referendum, in the special voters list for a constituency (in this Act referred to as “a special voter”) shall be entitled to vote in that constituency at the poll at the referendum in the manner described in section 82 of the Act of 1992 and shall not be entitled to vote in any other manner.

(2) The provisions of sections 78 and 80 to 84 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to voting by special voters at a referendum and, in delivering, receiving and otherwise dealing with the ballot papers of special voters, the local returning officer shall comply with the provisions of those sections.

30. —The provisions of sections 85 and 86 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to the taking of the poll at a referendum at a polling station situate on an island.

31. —(1) Where an elector is employed by a local returning officer for any purpose in connection with a referendum and the circumstances of the elector's employment are, in the opinion of the local returning officer, such as to prevent the elector from voting at the polling station at which the elector would otherwise be entitled to vote, the elector may, if so authorised in writing by the local returning officer in such form as may be directed by the Minister, vote at such polling station in the constituency in which the elector is so employed as may be specified in the authorisation.

(2) Where not less than 7 days before polling day at a referendum, an elector whose name is not on the postal voters list or the special voters list, satisfies the local returning officer that the elector is unable, by reason of that elector's physical illness or physical disability, to vote at the polling station at which the elector would otherwise be entitled to vote and the local returning officer is of opinion that it would be more convenient for the elector because of that physical illness or physical disability to vote at another polling station in the same constituency, the elector may, if so authorised in writing by the local returning officer in such form as may be directed by the Minister, vote at such other polling station in the same constituency as may be specified in the authorisation.

32. —(1) The provisions of sections 90 to 95, 97, 98 and 101 to 111 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to the taking of the poll at a referendum.

(2) Where in accordance with the provisions of section 107, 108 or 109 of the Act of 1992 (as applied by subsection (1)), the poll at any polling station is adjourned or cannot be taken or continued or becomes void, the local returning officer concerned shall, in addition to doing the things required to be done by the said provisions, forthwith inform the referendum returning officer of the occurrence.