S.I. No. 394/1997:

THE PRESIDENTIAL ELECTION AND REFERENDUM REGULATIONS, 1997

THE PRESIDENTIAL ELECTION AND REFERENDUM REGULATIONS, 1997

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 165 of the Electoral Act; 1992 (No. 23 of 1992), in order to give effect to the said section 165 in relation to the polls to be taken at the Presidential election and the referendum hereby makes the following Regulations: .

1. These Regulations may be cited as the Presidential Election and Referendum Regulations, 1997.

2. (1) In these Regulations -

"the Act of 1992" means the Electoral Act, 1992 ;

"the Act of 19'93" means the Presidential Elections Act, 1993 (No. 28 of 19'93);

"the Act of 1994" means the Referendum Act, 1994 (No. 12 of 1994);

"presidential election" means the extraordinary presidential election rendered necessary by the vacancy in the office of President, the poll at .which is to be taken on the 30th day of October, 1997;

"referendum" means the referendum on, the Seventeenth Amendment of the Constitution to be held on the 30" day of October, 1997.

(2) References in these Regulations to a local returning officer shall be construed as including references to a deputy or acting local returning officer.

3. (1) Subject to sub-article (2) of this article, these 'Regulations shall have effect in relation to the presidential election and the referendum.

(2) Where in the circumstances referred to in section 31 of the act of 1993, the poll at the presidential election is not taken or completed on the polling day appointed under section 6 of the said Act, these Regulations shall not apply in relation to the fresh election to be held under the said section 31.

4. A polling information card shall not be sent under section 92 of the Act of 1992 (as applied to a presidential election by section 39 of the act of 1993) to an elector to whom a polling card is to be sent under the said section 92 of the said Act of 1992 (as applied to a referendum by section 32 of the . Act of 1994).

5. (1) The same person shall be appointed as special presiding officer for the presidential election and the referendum for the purposes of Part IV of the Act of 1992 (as applied to a presidential election by section 41 of the act of 1993 and as applied to a referendum by section 29 of the Act of 1994) and the functions of the said special presiding officer under the said Part IV of the Act of 1992 as so applied shall be performed by him or her at the same time in respect of the presidential election and the referendum.

(2) Where the ballot papers and related documents referred to in section 81 of the Act of, 1992 (as applied to a presidential election by section 41 of the act of 1993 and as applied to a referendum by section 29 of the Act of 1994) in relation to the presidential election and to the referendum are delivered to special voters under section 82 of the said Act of 1992 as so applied:

( a ) a single declaration of, identity shall be completed by the special voter;

( b ) the completed ballot papers for each poll shall be put in a single ballot paper envelope by the elector; and

( c ) the special presiding officer shall place the ballot paper envelope and the completed declaration of identity in a single covering envelope which he or she shall seal and to which he or she shall affix a label in the prescribed form signed by the special presiding officer and the member of the Garda Síochána.

6. (1) Where ballot papers and related documents are to be sent to a postal voter both under section 68 of the Act of 1992 (as applied to a presidential election by section 40 of the act of 1993) and under the said section 68 (as applied to a . referendum by section 28 of the Act of 1994):

( a ) the ballot papers and documents shall be enclosed in a single covering envelope addressed to the postal voter;

( b ) a single covering envelope addressed to the local returning officer shall be provided for the return of the documents by the postal voter; and

( c ) a single form of receipt or declaration of identity, as may be appropriate, and a single ballot paper envelope shall be sent to each postal voter.

7. The following provisions shall have effect in relation to the taking of the polls in a polling station:

( a ) the same person shall be appointed to be the presiding officer at each poll;

( b ) the same copy of the register of electors shall be used for each poll and, where appropriate, the register shall be marked to indicate the poll or polls in respect of which a ballot . paper is delivered to each elector.

8. (1) In relation to the presidential election and the referendum:'

( a ) section 15A(4) and 15B(4)' shall have effect as if "30"' day of September, 1997" was substituted for "date of the order appointing polling day"; and

( b ) sections 15A(5) and 15B(5) shall have effect as if "30'" day of September, 1997" was substituted for "date on which the order appointing polling day." and "is made" was deleted.

(2) Part XVIII of the Act of 1992 (as applied to a referendum by section 33 of the Act of 1994) shall have effect in relation to the referendum as if "shall as soon as practicable" was substituted for "then" in section 114(3) and "forthwith" was deleted from the said section.

GIVEN under the Official Seal of the Minister for the Environment and

Local Government this 30^th day of September, 1997.

NOEL DEPMSEY________________________

Minister for the Environment and Local Government.

EXPLANATORY NOTE

These regulations make certain provisions in relation to the presidential election and the referendum on the Seventeenth Amendment of the Constitution (No. 2) Bill, 1997 in order to facilitate the taking of the polls on the same day.