Seanad Electoral (University Members) (Amendment) Act 2024

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SCHEDULE

Registration Rules

Publication of electors list.

1. On the 29th day of January in every year, beginning in 2026, the chief registration officer shall publish a list (in these rules referred to as the electors list) in the prescribed form of all persons who appear to him or her to be entitled to be registered in the register of electors.

Right to send claims.

2. Any person who is not entered in the electors list and claims to be entitled to be registered as an elector in the Higher Education constituency may on or before the 26th day of February next after the publication of the electors list, send to the chief registration officer a claim in the prescribed form to be so registered.

Claim via designated institution.

3. Where a person referred to in Rule 2 so consents, a designated institution that awarded a degree to the person may, on or before the 26th day of February next after the publication of the electors list, send to the chief registration officer on behalf of that person a claim, in the prescribed form referred to in that rule, to be so registered.

Contents of prescribed form of claim.

4. The prescribed form of claim referred to in Rule 2 shall be such as to enable the claimant to state therein—

(a) such particulars (including a person’s identifying particulars and qualifying particulars) as shall be requisite to show that he or she is entitled to be an elector in the Higher Education constituency,

(b) the address at which he or she is normally resident,

(c) if he or she so desires, another address as the address to which his or her ballot papers are to be sent,

(d) if he or she so wishes, an address at which he or she may be contacted electronically.

5. The prescribed form of claim shall include a declaration to be made by the person filling up the same confirming that the details provided by him or her are true to the best of his or her knowledge and belief.

6. The prescribed form of claim shall be such as to enable the claimant, where he or she does not provide a personal public service number, to fill up the form in the presence of a member of the Garda Síochána or any notary or notary public and for the member or, as the case may be, the notary or notary public on being satisfied as to the claimant’s identity, including, if necessary, by proof of photographic identification or by completing a statutory declaration, to date, sign and stamp the form.

7. The prescribed form of claim shall be such as to enable the claimant, where he or she does not provide a personal public service number and is unable, due to illness or disability, to attend a Garda station, notary or notary public, to have the form endorsed to that effect by a registered medical practitioner and for the medical practitioner to confirm the identity of the claimant.

Submission of claims.

8. A claim to be registered as an elector in the Higher Education constituency in the prescribed form may be sent to the chief registration officer in writing by post or in electronic form or uploaded electronically to such website as the chief registration officer specifies for that purpose.

Consultation with designated bodies.

9. Where the chief registration officer receives a claim referred to in Rule 2 or 3, for the purposes of verifying the particulars provided by, or on behalf of, the claimant, the claimant’s identity or whether or not the claimant is entitled to be registered in the register of electors, the chief registration officer may consult, and may share information with—

(a) where that person has stated his or her personal public service number in the claim, the Minister for Social Protection,

(b) the relevant designated institution, and

(c) An tÚdarás um Ard-Oideachas.

The chief registration officer may share identifying particulars with the Minister for Social Protection for the purposes specified in this rule.

The chief registration officer may share qualifying particulars with the relevant designated institution and with An tÚdarás um Ard-Oideachas for the purposes specified in this rule.

Further evidence as to identity and degree.

10. Where the chief registration officer receives a claim referred to in Rule 2 or 3 and is unable to verify under Rule 9 the particulars provided by, or on behalf of, the claimant, the claimant’s identity or whether or not the claimant is entitled to be registered in the register of electors, or where a claim is incomplete, the chief registration officer shall inform the person and may require him or her, where he or she has not already done so—

(a) to fill up the form in the presence of a member of the Garda Síochána,

(b) to satisfy the member or, as the case may be, the notary or notary public as to his or her identity including, if necessary, by proof of photographic identification or by completing a statutory declaration, and

(c) to have the member or, as the case may be, the notary or notary public on being satisfied as to the claimant’s identity, date, sign and stamp the form, or

(d) where he or she is unable, due to illness or disability, to attend a Garda station, notary or notary public, to have the form endorsed to that effect by a registered medical practitioner and to have the medical practitioner confirm the identity of the claimant,

and to resubmit the claim.

In particular, where the chief registration officer is unable to verify that the claimant has been awarded a degree by an institution that is a designated institution he or she may require the claimant under this rule to obtain evidence in writing from the relevant designated institution that the claimant was awarded such a degree.

Decision on claim.

11. The chief registration officer shall, as soon as practicable following a claim under these rules, consider and decide on the claim and shall notify the claimant of the decision and, where the claim is refused, of his or her right to appeal the decision in accordance with section 18 .

Further evidence that may be required for purposes of registration.

12. The chief registration officer, before registering any person in the register of electors, may if he or she thinks it necessary—

(a) require such person to produce a certificate of his or her birth or, if that is not practicable or convenient, to make a statutory declaration that he or she has attained the age of eighteen years, and

(b) require such person either, as the case may require, to make a statutory declaration that he or she is a citizen of Ireland or to produce a certificate of his or her naturalisation as a citizen of Ireland or a valid passport issued by the Minister for Foreign Affairs.

The Minister may prescribe the form and manner of making of a statutory declaration under this rule.

Information in connection with deaths of persons.

13. The chief registration officer may require an tArd-Chláraitheoir to furnish information in connection with deaths of persons who have made claims or whose names are entered in the register of electors and the authority may use such information to update the register.

Publication of list of claims.

14. Not later than the 12th day of March in every year the chief registration officer shall prepare and publish a list of claims in the prescribed form and shall enter in such list the name of every person who shall have sent to him or her, on or before the 26th day of February, a prescribed form of claim properly and sufficiently filled up.

Time for and mode of making objections.

15. Any registration officer and any person who is registered in the register of electors may object to the registration in such register of any person whose name appears in an electors list or a list of claims in respect of the Higher Education constituency; every such objection shall be made by sending a notice of objection in the prescribed form to the chief registration officer not later than the 26th day of March next after the publication of the electors list or the list of claims (as the case may be) to which such objection relates.

Obligation to notify person objected to.

16. An objection under the next preceding rule shall not be entertained unless, within the time limited for sending the notice of objection, a copy of the notice of objection sent to the chief registration officer is sent by prepaid registered post by the person making the objection to the person whose registration is objected to at his or her address as stated in the electors list or the list of claims, as the case may be.

Publication of list of objections.

17. The chief registration officer shall prepare and publish as soon as practicable after the 26th day of March in every year a list of the persons named in the electors list or the list of claims in respect of whose registration a notice of objection has been received by the chief registration officer on or before the said 26th day of March.

Consideration of and ruling upon objections.

18. The chief registration officer shall, as soon as practicable, consider and rule upon all objections of which notice has been given to him or her in accordance with these rules, and for that purpose shall give, in respect of every such objection, at least five clear days’ notice to the person making the objection and to the person whose registration is thereby objected to of the time and place at which he or she will consider and rule upon such objection.

Consideration of and ruling upon claims.

19. The chief registration officer shall also consider, as soon as practicable, every claim mentioned in the list of claims in respect of which no notice of objection has been given in accordance with these rules and,

(a) if he or she considers that such claim may be allowed without further inquiry, he or she shall allow such claim and give notice thereof to the claimant, or

(b) if he or she is not satisfied that such claim can be allowed without further inquiry, he or she shall give at least five clear days’ notice to the claimant of the time and place at which he or she will consider and rule upon such claim.

Objections by chief registration officer.

20. The chief registration officer may make such further inquiries as he or she may deem necessary in respect of any claim mentioned in the list of claims and, if after such inquiry it shall appear to him or her that the claimant is not entitled to be registered, the chief registration officer may himself or herself at any time object to such claim by sending a notice of objection stating the grounds of the objection to the claimant.

Every objection made by the chief registration officer under this rule shall be considered and ruled upon by him or her, and for that purpose he or she shall give to the claimant at least five clear days’ notice of the time and place at which he or she will so consider and rule upon such claim.

Claims for correction of entries in a register.

21. Any person who is registered as an elector in the register of electors and claims that he or she is entered in such register in an incorrect manner or with incorrect particulars may send to the chief registration officer, on or before the 26th day of February, a notice in the prescribed form stating that he or she is so entered incorrectly, and stating the alterations which he or she alleges to be necessary in order to make such register correct in regard to him or her, and claiming that the register be altered accordingly.

No claim made under this rule shall be included in the list of claims.

Consideration of and ruling upon claims for corrections.

22. The chief registration officer shall consider, as soon as practicable, every claim made under the next preceding rule and—

(a) if, having consulted with one or more of the designated institutions, he or she considers that such claim may be allowed without further inquiry, he or she shall allow such claim and give notice thereof to the claimant, or

(b) if, having consulted with one or more of the designated institutions, he or she is not satisfied that such claim can be allowed without further inquiry, he or she shall give at least five clear days’ notice to the claimant of the time and place at which he or she will consider and rule upon such claim.

Revision of the register.

23. Not later than the 31st day of May in every year the chief registration officer shall revise the register of electors by doing the following things in regard to such register, that is to say:

(a) inserting in such register the names and addresses of all persons who were entered in the electors list published on the previous 29th day of January and whose registration was not successfully objected to and of all persons who have claimed to be entitled to be registered in such register and whose claim for such registration has been allowed by the chief registration officer;

(b) making all such corrections in such register as may be necessary to give effect to all claims for corrections which have been allowed by the chief registration officer;

(c) removing from such register the names of all persons who were omitted from the said electors list because they were dead;

(d) removing from such register the name of any person, after reasonable inquiry by the chief registration officer, whose address or the address to which a ballot paper is to be sent is unknown.

Publication of the revised register.

24. When the chief registration officer has completed the revision, in accordance with the next preceding rule, of the register of electors, he or she shall do the following things in relation to such register as so revised (in this rule referred to as the revised register), that is to say—

(a) publish such revised register not later than the 1st day of June by publishing a notice that a copy of such revised register is open to inspection at his or her office, and

(b) keep at least one copy of such revised register available in his or her office for inspection, and

(c) permit any person to inspect free of charge in his or her office during office hours a copy of such revised register, and

(d) on the application of any person during office hours and on payment of the prescribed fee, furnish to such person a copy in printed or in electronic form of such revised register or of so much thereof as is the subject of such application, and

(e) whenever so requested by the Minister, transmit to the Minister a copy of such revised register or a summary of the contents of such revised register in such form and giving such particulars as he or she shall specify in such request.

Where the chief registration officer provides to any person a copy of the register, or part thereof, under this rule he or she shall draw the attention of the person to section 21 in relation to the purposes for which the register may be used.

Method of appealing to the Circuit Court.

25. A person desiring to appeal against the decision of the chief registration officer must give notice of appeal in the prescribed form to the chief registration officer and to the opposite party (if any) when such decision is given or within five days thereafter.

The chief registration officer shall transmit every such notice of appeal so given to him or her to the county registrar for the county in the manner directed by rules of court together with, in every case, a statement of the material facts which, in the opinion of the chief registration officer, have been established in the case, and of his or her decision upon the whole case and on any point which may be specified as a ground of appeal.

The chief registration officer shall furnish to the court hearing any such appeal such further information, within his or her knowledge or procurement, as such court may require.

Appeals on similar grounds.

26. Where it appears to the chief registration officer that any two or more notices of appeal from his or her decisions are based on similar grounds, he or she shall inform the county registrar for the county of that fact for the purpose of enabling the judge hearing such appeals (if he or she so thinks fit) to consolidate such appeals or to select one of such appeals as a test case.

Changes of address of registered electors.

27. Any person registered in the register of electors may at any time inform the chief registration officer of any change in the address of such person (whether the address at which he or she is normally resident or the address to which his or her ballot papers are to be sent) and thereupon the chief registration officer shall amend the register of electors by entering therein such change of address.

Deletion of deceased electors from the register.

28. Whenever it comes to the knowledge of the chief registration officer that a person registered in the register of electors is dead he or she shall take note of that fact and shall, at the next annual revision of such register in pursuance of this Act, omit the name of such person from the electors list.

Method of publishing documents.

29. Where the chief registration officer is required by these rules to publish any document, and no specific provision is made as to the mode of publication, he or she shall publish such document by—

(a) making copies thereof available for inspection in his or her office during office hours,

(b) publishing a notice electronically on the website of the National University of Ireland, or on another website to which the public has access, stating the times at which such document may be inspected in his or her office, and

(c) where he or she thinks it appropriate, publishing the said document electronically on the website of the National University of Ireland or on another website to which the public has access.

Provision of forms by registration officers.

30. Every registration officer including the chief registration officer shall, on the application of any person, supply to such person free of charge such number of forms of claim and forms of notice of objection as he or she shall reasonably require.

The chief registration officer shall, on the application of any person, permit such person to inspect and take copies of any claim or notice of objection received by him or her under these rules and shall also, on payment of the prescribed fee, supply to such person a copy of any such claim or notice of objection.

Method of sending notices.

31. Any claim, notice of objection, or other document which is, under these rules, to be sent to the chief registration officer may be sent to him or her by prepaid post addressed to him or her at his or her office or where the chief registration officer has provided details by which he or she may be contacted by electronic means, by sending such claim, notice of objection, or other document by such means.

Any claim, objection, notice or other document which is required by these rules to be sent by the chief registration officer or by a registration officer to any person shall be sufficiently sent if sent by post addressed to such person at the address given by him or her for that purpose or, if he or she is a registered elector, at his or her address as stated in the register of electors or, where neither of such addresses is available, at his or her last known place of abode or where such person has provided details by which he or she may be contacted by electronic means, by sending such notice by such means.

Persons entitled to appear and be heard before the chief registration officer.

32. On the consideration of any claim or objection or other matter by the chief registration officer in pursuance of these rules, any person appearing to the chief registration officer to be interested may appear and be heard either in person or by some other person (other than counsel) on his or her behalf.

Power of chief registration officer to take evidence on oath.

33. On the consideration of any claim or objection, or other matter by the chief registration officer in pursuance of these rules, the chief registration officer may, at the request of any person interested or, if he or she so thinks fit, without such request, require that the evidence tendered by any person should be given on oath and may administer an oath for that purpose.

Misnomers and inaccurate descriptions.

34. No misnomer or inaccurate description of any person or place in any list or in the register of electors or in any notice shall prejudice the operation of this Act or these rules as respects that person or place provided such person or place is so designated as to be commonly understood.