Electoral (Amendment) Act 2015

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Registration of electors

3. Section 15 of the Electoral Act 1992 is amended by substituting for subsection (1A) (inserted by section 76 of the Electoral Act 1997 ) the following:

“(1A) (a) Notwithstanding subsection (1), sections 7(1), 8(1), 9 and 10, and Rule 1(3) of the Second Schedule and subject to section 11(1)(a) and paragraph (c), a person who—

(i) was not ordinarily resident in a constituency or local electoral area, as the case may be, on the qualifying date for a register of electors and takes up ordinary residence in such constituency or local electoral area, as the case may be, after such qualifying date and is otherwise entitled to be registered as an elector under section 7, 8, 9 or 10,

(ii) reaches the age of 18 years after the date of the coming into force of a register of electors,

(iii) is registered as an elector in a constituency or local electoral area and takes up ordinary residence in another constituency or local electoral area on a date following the coming into force of the register of electors then in force, where—

(I) the person authorises in writing, in a form directed by the Minister, the registration authority in whose register of electors he or she is registered as an elector to delete his or her name from that register of electors, and

(II) the authorisation contains such information as is necessary to enable that registration authority to identify the relevant entry in that register,

or

(iv) was not a citizen of Ireland on the qualifying date for a register of electors and becomes a citizen of Ireland after such qualifying date and is otherwise entitled to be registered as an elector under section 7, 8(1) or 9,

may apply to the registration authority to have his or her name entered in the supplement to the register.

(b) An applicant for entry in the supplement referred to in paragraph (a)(i) shall satisfy the registration authority that he or she has taken up ordinary residence in the constituency or local electoral area, as the case may be, in respect of which the application applies and, in considering an application from such person, the registration authority may require the applicant to furnish a statutory declaration that he or she has taken up ordinary residence in the constituency or local electoral area concerned.

(c) A person referred to in paragraph (a)(ii) shall be eligible for entry in the supplement to the register on or after the day on which that person reaches 18 years of age, including such a day that falls within the period beginning on the last day on which applications for entry in the supplement can be received and ending on polling day in the case of a Dáil, Presidential, European or local election or a referendum.

(d) The registration authority on receipt of an authorisation referred to in paragraph (a)(iii) and being satisfied that the person is no longer ordinarily resident in respect of the address for which he or she is registered as an elector shall—

(i) where the new address is in another registration area, delete his or her name from the register of electors for the authority’s registration area and forward immediately the form referred to in paragraph (a)(iii)(I) to the registration authority for the address indicated on the form at which he or she is ordinarily resident,

(ii) where the new address is in another local electoral area within the registration area of the registration authority, delete the elector’s name from the register of electors and enter his or her details in the supplement to the register prepared under this section.

(e) The registration authority, on receipt of an application, in a form directed by the Minister, from a person referred to in paragraph (a)(iv) who is already registered as a local or European elector, or as a Dáil elector with reference to section 8(2), shall delete the name of that person from the register of electors and, being satisfied that the person is a citizen of Ireland, shall enter that person’s details accordingly in the supplement to the register prepared under this section.”.