Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Recognising that people with disabilities have particular needs, my Department endeavours to ensure that the voting process is as accessible and inclusive as possible. My Department produces a Memorandum for the Guidance of Returning Officers in advance of all electoral events. These memoranda advise that the selection of polling stations should have regard to the needs of voters with disabilities.

The provision relating to Presiding Officers’ discretion when asked to mark a voter’s ballot paper within two hours before the close of poll is a long standing feature of electoral law. The relevant provision in electoral law is set out in section 103(6) of the Electoral Act 1992, as applied at referendums by section 32 of the Referendum Act 1994. Advice set out in my Department's guidance for Presiding Officers reflects the legislative provision.

Presiding Officers are encouraged to accommodate requests to mark voters’ ballot papers where assistance is required insofar as possible. Guidance issued by my Department emphasises that a decision by a Presiding Officer not to do so within two hours of the close of poll should only be made where absolutely necessary.

Furthermore, companion voting (where a voter is accompanied by a companion who marks their ballot paper, as directed by the voter) and the use of a Ballot Paper Template (a plastic device that allows visually impaired voters to vote independently) can be availed of up to the close of poll.

The Electoral Acts also provide for a range of measures to meet the needs of people with physical disabilities, including:

• the requirement on local authorities, in making polling schemes, to appoint as polling places areas where at least one polling station will be accessible to wheelchair users;
• the requirement on Returning Officers to put in place arrangements to facilitate the marking and placing in the ballot box of ballot papers by wheelchair users. In guidance to Returning Officers, my Department has suggested the provision at each polling station of an appropriately located table and chair to facilitate this requirement;
• the requirement on Returning Officers to ensure, where practicable, that the place appointed for the counting of votes is accessible to wheelchair users.

Under the Electoral Reform Act 2022, An Coimisiún Toghcháin (The Electoral Commission) is responsible for a range of electoral functions. Section 68 of the Act makes provision for An Coimisiún to prepare ex-post reports on the administration of electoral events. The legislation requires that such reports will have a particular focus on the assistance given by Returning Officers and Presiding Officers to people with disabilities.