Written answers

Thursday, 21 March 2024

Department of Housing, Planning, and Local Government

Electoral Commission

Photo of John Paul PhelanJohn Paul Phelan (Carlow-Kilkenny, Fine Gael)
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228. To ask the Minister for Housing, Planning, and Local Government to state whether the statutory functions of the Electoral Commission include the power to review the contents of pole posters or statements made by elected representatives and to communicate with the public in relation to their conclusions of any such review; and if he will make a statement on the matter. [13467/24]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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The Electoral Reform Act 2022 included provisions for the establishment of an independent, statutory Electoral Commission, entitled An Coimisiún Toghcháin. An Coimisiún was formally established in February 2023.

Section 30 of the Act sets out the functions of An Coimisiún.

In addition, Chapter 5 of Part 2 of the Act sets out the functions of An Coimisiún at referendums, one of which is to explain the subject matter of referendum proposals and communicate these explanations to the electorate. In particular, section 31(1)(a) of the Act provides that An Coimisiún shall prepare a statement or statements containing a general explanation of the subject matter of the proposal for the referendum and of the text in the relevant constitutional amendment Bill and any other information relating to those matters that An Coimisiún considers appropriate.

In relation to election posters, section 140 of the Electoral Act 1992 provides that every notice, bill, poster or similar document having reference to an election or referendum or distributed for the purpose of furthering the candidature of a candidate at an election or a particular result at a referendum shall bear upon its face the name and address of the printer and of the publisher.


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