Written answers

Tuesday, 7 February 2017

Department of Housing, Planning, Community and Local Government

Election Management System

Photo of John Paul PhelanJohn Paul Phelan (Carlow-Kilkenny, Fine Gael)
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275. To ask the Minister for Housing, Planning, Community and Local Government the voter identification requirements which apply to general elections and the verification process which takes place at polling stations, with reference to legislation and any guidelines issued to returning officers or polling stations by his department; and if he will make a statement on the matter. [5688/17]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Section 111 of the Electoral Act 1992 provides that only persons on the register of electors for a constituency are entitled to vote at an election in that constituency.

Subsection (2)(b) provides that the Minister may make regulations in relation to specified documents that may be requested from any person applying for a ballot paper at a polling station at a Dáil general election, for the purpose of ensuring that he or she is the person on the register of electors. Subsection 2(c) provides for the presiding officer to put certain questions to a person applying for a ballot paper, or to administer an oath or affirmation, by the person, to confirm that they are the person on the register of electors.

The Electoral (Amendment) (No. 2) Regulations 2014 (S.I. 321 of 2014) specify, in regulation 2(b), the identification documents that are acceptable for this purpose. These are a passport (either a traditional passport or a passport card); a driving licence; an employee identity card containing a photograph; a student identity card issued by an educational institution and containing a photograph; a travel document containing name and photograph; a bank or savings or credit union book containing address in constituency; and a Public Services Card; or a cheque book, cheque card, credit card, birth certificate or marriage certificate accompanied by further documentation which establishes the address of the holder in the constituency.

These legal provisions are repeated in the Memorandum for the Guidance of Returning Officers issued by my Department in advance of polling day. In that guidance the purpose of the provisions is identified as being to strengthen the safeguards against the offence of personation, particularly against the possibility that the offence may be attempted on a widespread and organised basis. It is also made clear that it is not intended that the provision would be so operated as to prevent qualified electors from voting. In the guidance document, returning officers are reminded of the importance of presiding officers being familiar with the requirements and procedures for the identification of voters; these are set out in the Manual for Presiding Officers prepared by my Department and issued by returning officers to presiding officers in their constituency. In the manual, presiding officers are instructed to seek evidence of identity whenever requested by a personation agent or candidate present in the polling station; whenever the presiding officer suspects that a person is attempting personation; and in the case of a proportion of the persons attending to vote, selected by the presiding officer at random throughout the day. The presiding officer is instructed that the persons selected at random should constitute at least 25% (1 in 4) of persons coming to vote at the polling station and that they should be particularly vigilant at rush hours because it is then that personation is most likely to be attempted. The manual also outlines procedures for asking questions and administering the oath or affirmation set out in section 111(2)(c) of the Electoral Act 1992.

In the days before polling day at an election or referendum my Department places public notices in newspapers, and online, reminding voters of the identification requirements.

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