Written answers

Thursday, 4 October 2012

Department of Environment, Community and Local Government

Electoral Register Issues

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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To ask the Minister for Environment, Community and Local Government if he will analyse the current electoral system that is in place in view of the fact that at present persons who are only residing in the country for two - three weeks may vote in an election, opening up the system to unsecured voting and denying the persons who usually vote democratically; and if he will make a statement on the matter. [42477/12]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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In order to be able to vote at elections and referendums, a person's name must be entered in the register of electors for a constituency in the State in which the person ordinarily resides. The preparation of the register is a matter for each local registration authority – the city and county councils. It is their duty to ensure as far as is possible, and with the cooperation of the public, the accuracy and comprehensiveness of the register.

Sections 7, 8, 9 and 10 of the Electoral Act 1992 provide that a person is entitled to be registered where he/she is ordinarily resident on the qualifying date – 1st September in the year preceding the year in which the register comes into force. A new register comes into force on 15th February each year. Rule 5(3)(a) of the Second Schedule to the 1992 Act provides that the registration authority may for the purposes of their duties in relation to the preparation of a register require a person to give any information in their possession which the registration authority may require.

The publication of the draft register in November each year in preparation for the coming into effect of the register on the 15th of February following allows for corrections to be made. The public is invited to check the draft during this period and they may bring errors or omissions in the draft to the attention of the registration authority. Claims for the addition or deletion of names are ruled on by the county registrar who is a legally qualified court officer. The ruling is made in public and any person may attend and give evidence.

If a person is not included in the register of electors currently in force but considers that he or she qualifies for registration - for example if they have taken up ordinary residency in a constituency after the qualifying date, come of age to register or if they have changed address - the person may apply for entry in the supplement to the register which is open year round subject to certain practical limits in the weeks before a polling day. Where such an application is received on the basis of a person having taken up ordinary residency in a constituency, the registration authority may require a statutory declaration from the applicant to establish that he/she has taken up that ordinary residency.

An application for inclusion in the supplement must be signed by the applicant in the presence of a member of the Garda Síochána from the applicant’s local Garda station who must first be satisfied as to the person’s identity before signing, dating and stamping the form. The Garda may request photographic or other identification. Where the applicant establishes in writing that he is unable to progress the application in this way, the form can be signed by the applicant in the presence of an official of the registration authority who is satisfied as to his or her identity. Again, photographic or other identification may be required. If neither option is viable due to physical illness or physical disability, the application form must be accompanied by a medical certificate.

Electoral law is kept under review. However, I consider that the current arrangements strike a reasonable balance between facilitating voter registration and ensuring that there are adequate measures in place to counteract any possible abuse. Electoral law also provides for significant measures in relation to voter identification and the prevention of personation.

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