Electoral (Amendment) Act, 1986

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Number 12 of 1986

ELECTORAL (AMENDMENT) ACT, 1986

ARRANGEMENT OF SECTIONS

APPENDIX

PART I

PART II

Number 12 of 1986

ELECTORAL (AMENDMENT) ACT, 1986

AN ACT TO AMEND THE ELECTORAL ACTS, 1923 TO 1985, THE EUROPEAN ASSEMBLY ELECTIONS ACTS, 1977 AND 1984, AND THE REFERENDUM ACTS, 1942 TO 1985. [27th May, 1986]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Amendment of Electoral Act, 1963 .

1.— Section 11 of the Electoral Act, 1963 , is hereby amended by—

(a) the substitution of the following subsection for subsection (1):

“(1) (a) The returning officer for a constituency shall be—

(i) in case the whole of the constituency is situate in a specified county or specified county borough, the sheriff for the specified county or specified county borough,

(ii) in case part of the constituency is situate in a specified county and part in a specified county borough, such one of the sheriffs for the specified county or specified county borough as the Minister appoints from time to time,

(iii) in case part of the constituency is situate in a specified county or specified county borough or in both and part in another county, such one of the following as the Minister appoints from time to time, namely, the sheriff for the specified county or the specified county borough or the county registrar for the other county,

(iv) in any other case, the county registrar or, where part of the constituency has one county registrar and part another county registrar or parts other county registrars, such one of the county registrars as the Minister appoints from time to time.

(b) In this section references to a specified county or specified county borough are references to the counties of Cork and Dublin and the county boroughs of Cork and Dublin.”,

and

(b) the substitution of the following paragraph for paragraph (c) of subsection (2):

“(c) In this subsection ‘appropriate officer’, in relation to part of a constituency, means—

(i) in case the part is situated in a specified county or specified county borough, the sheriff of the specified county or specified county borough,

(ii) in case the part is situated in any other county or county borough, the county registrar for the county or county borough.”.

Amendment of European Assembly Elections Act, 1977.

2.— Section 14 of the European Assembly Elections Act, 1977 , is hereby amended by the substitution of the following subsection for subsection (2):

“(2) There shall for the purposes of this Act be a local returning officer for every county or county borough contained in a constituency and the local returning officer shall be—

(a) in the case of the counties of Cork and Dublin and the county boroughs of Cork and Dublin, the sheriff, and

(b) in every other case, the county registrar.”.

Constitutional referendum in relation to Tenth Amendment of the Constitution Bill, 1986.

3.—At a constitutional referendum in relation to the Tenth Amendment of the Constitution Bill, 1986—

(a) a polling card sent under section 64 (1) of the Electoral Act, 1963 , as amended by section 3 of the Electoral (Amendment) Act, 1985 , shall contain the statements set out in Parts I and II of the Appendix to this section,

(b) a polling card 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,

(c) a polling card sent under paragraph (b) of this section—

(i) shall indicate that it is for a postal voter and shall accordingly not state the number and place referred to in the said section 64 (1),

(ii) shall contain the statements referred to in paragraph (a) of this section, and

(iii) shall be sent by post to the elector at the same time as his ballot paper is sent, being addressed to him at the same address as is stated on the envelope in which the ballot paper is sent,

(d) subsections (3) to (6) of the said section 64 shall apply in relation to polling cards sent under paragraph (b) of this section,

(e) copies of the statements referred to in paragraph (a) of this section shall be displayed by a presiding officer in and in the precincts of his 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,

(f) in applying Rule 18 (inserted by the Electoral Act, 1963 ) of the First Schedule to the Referendum Act, 1942 , the following paragraph shall be substituted for paragraph (5)—

“(5) (a) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule, 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 Bill becoming law?’ and shall then, unless it is a case to which subparagraph (b) of this paragraph applies, mark the ballot paper in accordance with the answer of the voter, but he 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 paragraph 1 of the statement set out in Part I or Part II, as appropriate, of the Appendix to section 3 of the Electoral (Amendment) Act, 1986,

(ii) shall then ask the voter ‘Which do you wish to do—to vote in favour of the proposal to change the Constitution or to vote against the proposal to change the Constitution?’, and

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

APPENDIX

PART I

1. Is é atá beartaithe leis an mBille um an Deichiú Leasú ar an mBunreacht, 1986, fo-alt 2° d'Airteagal 41.3 den Bhunreacht, a deir nach cead dlí ar bith a achtú a bhéarfadh cumhacht chun pósadh a scaoileadh, a scriosadh agus an fo-alt seo a leanas a chur ina ionad:

“2° I gcás gur deimhin le cibé cúirt do bunuigheadh faoin mBunreacht so agus a ordóchar le dligheadh, agus sa chás san amháin—

i. go bhfuil teipthe ar phósadh,

ii. gur lean an teip ar feadh tréimhse cúig bliana ar a laghad nó tréimhsí cúig bliana ar a laghad san iomlán,

iii. nach féidir le réasún bheith ag súil le comhréiteach idir na páirtithe sa phósadh, agus

iv. gur coimhlíonadh aon choingheall eile a bheas ordaithe le dligheadh,

féadfaidh an chúirt, do réir dlighidh, scaoileadh ar an bpósadh do thabhairt ar choingheall gur deimhin leis an gcúirt go ndéanfar socrú imleor cuibhe, ag féachaint do na himthosca, maidir le haon chéile cleitheamhnach agus maidir le haon leanbh de chuid ceachtar céile nó aon leanbh atá i gcleitheamhnas ar cheachtar céile.”.

2. Má THOILÍONN tú leis an togra, cuir X os coinne an fhocail TÁ ar an bpáipéar ballóide.

3. Mura dTOILÍONN tú leis an togra, cuir X os coinne an fhocail NÍL ar an bpáipéar ballóide.

4. Is féidir cóip den Bhille a iniúchadh saor in aisce, agus is féidir é a cheannach ar dhá phingin go leith, in aon Phost-Oifig.

PARTII

1. The Tenth Amendment of the Constitution Bill, 1986, proposes to delete subsection 2° of Article 41.3 of the Constitution, which states that no law shall be enacted providing for the grant of a dissolution of marriage, and to substitute the subsection here following:

“2° Where, and only where, such court established under this Constitution as may be prescribed by law is satisfied that—

i. a marriage has failed,

ii. the failure has continued for a period of, or periods amounting to, at least five years,

iii. there is no reasonable possibility of reconciliation between the parties to the marriage, and

iv. any other condition prescribed by law has been complied with,

the court may in accordance with law grant a dissolution of the marriage provided that the court is satisfied that adequate and proper provision having regard to the circumstances will be made for any dependent spouse and for any child of or any child who is dependent on either spouse.”.

2. If you APPROVE of the proposal, mark X opposite the word YES on the ballot paper.

3. If you DO NOT APPROVE of the proposal, mark X opposite the word NO on the ballot paper.

4. A copy of the Bill can be inspected free of charge, and purchased for two and a half pence, at any Post Office.

Short title, collective citation and construction.

4.—(1) This Act may be cited as the Electoral (Amendment) Act, 1986.

(2) The Electoral Acts, 1923 to 1985, and section 1 of this Act may be cited together as the Electoral Acts, 1923 to 1986.

(3) The European Assembly Elections Acts, 1977 and 1984, and section 2 of this Act may be cited together as the European Assembly Elections Acts, 1977 to 1986.

(4) (a) The Referendum Acts, 1942 to 1985 and section 3 of this Act may be cited together as the Referendum Acts, 1942 to 1986.

(b) Section 3 of this Act shall be construed as one with the Referendum Acts, 1942 to 1985.