Carol Nolan (Laois-Offaly, Independent)
Link to this: Individually | In context | Oireachtas source

143. To ask the Minister for Housing, Planning, and Local Government to outline any changes in policy or legislation which were made on foot of a 2015 decision of the Supreme Court (details supplied); if the regulations examined in that case, outlining the criteria for a valid first preference vote, have been amended in any way since that judgment; if he has been made aware of the large number ballots cast in the recent local and European elections which were deemed to have been spoiled in line with the interpretation of the applicable regulations in the case; his views on whether any change to legislation should be made in view of the continuing high number of such spoiled ballots at each election; and if he will make a statement on the matter. [26640/24]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Electoral legislation has not been amended on foot of the judgement of the Supreme Court in the case of Kiely vs Kerry County Council (Case No. 2014/366). The case concerned how the law, in this case the Local Elections Regulations 1995, was being applied rather than the substance of the law itself. Under electoral law, the returning officers are responsible for all matters in connection with the actual conduct of elections, including the counting of the ballot papers and the declaration of the results.

In this context, guidance provided to returning officers by my Department in advance of the local and European Parliament elections 2024 states that returning officers should have regard to the Supreme Court's judgement in the case of Kiely vs Kerry County Council when adjudicating on the validity of ballot papers.

My Department is currently compiling the results of the local and European Parliament elections 2024 and will examine the statements provided by returning officers in respect of the number of ballot papers declared invalid in accordance with article 80(2) of the Local Elections Regulations 1995 and rule 82(2) of Part XI of the Second Schedule to the European Parliament Elections Act 1997 respectively. The results will be published by my Department in due course.

Under the Electoral Reform Act 2022, An Coimisiún Toghcháin 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. These reports will inform any future changes to electoral law.