An Bille Toghcháin (Leasú), 2015 Electoral (Amendment) Bill 2015

Transcription

1 An Bille Toghcháin (Leasú), 201 Electoral (Amendment) Bill 201 Mar a tionscnaíodh As initiated [No. 38 of 201]

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3 AN BILLE TOGHCHÁIN (LEASÚ), 201 ELECTORAL (AMENDMENT) BILL 201 Mar a tionscnaíodh As initiated CONTENTS Section PART 1 GENERAL 1. Short title, collective citation, construction and commencement 2. Definitions 3. Amendment of section 3 of Act of 1992 PART 2 TACTILE VOTING AT REFERENDA 4. Insertion of section 24A into Act of Insertion of section 32A into Act of Insertion of Third Schedule into Act of Interpretation PART 3 ELECTRONICALLY ASSISTED VOTING 8. No entitlement to electronically assisted voting 9. Approval of computer program and printing device for electronically assisted voting. Electronically assisted voting centre 11. Electronically assisted voting compartment 12. Form of ballot paper 13. Authorisation of visually impaired, incapacitated and illiterate voters to vote at another polling station 14. Visually impaired, incapacitated and illiterate voters 1. Electronically assisted voting 16. Offence to interfere with electronically assisted voting system [No. 38 of 201]

4 SCHEDULE INSERTION OF THIRD SCHEDULE INTO ACT OF

5 ACTS REFERRED TO Electoral Act 1992 (No. 23) Electoral Acts 1992 to 2014 Local Government Act 2001 (No. 37) Local Government Reform Act 2014 (No. 1) Referendum Act 1994 (No. 12) 3

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7 AN BILLE TOGHCHÁIN (LEASÚ), 201 ELECTORAL (AMENDMENT) BILL 201 Bill entitled An Act to make special provision for independent voting by visually impaired, incapacitated and illiterate voters. Be it enacted by the Oireachtas as follows: PART 1 GENERAL Short title, collective citation, construction and commencement 1. (1) This Act may be cited as the Electoral (Amendment) Act 201. (2) The Electoral Acts 1992 to 2014 and this Act may be cited together as the Electoral Acts 1992 to 201 and shall be construed together as one. (3) This Act, in so far as it relates to referenda, shall be included in the collective citation The Referendum Acts 1994 to (4) This Act shall come into operation on such day or days as the Minister for the Environment and Local Government may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. Definitions 2. In this Act 20 Act of 1992 means the Electoral Act 1992; Act of 1994 means the Referendum Act 1994; ballot paper has the meaning assigned to it in section 88 of the Act of 1992; constitutional referendum has the meaning assigned to it in section 2(1) of the Act of 1994; 2 Minister means the Minister for the Environment, Community and Local Government; ordinary referendum has the meaning assigned to it in section 2(1) of the Act of 1994;

8 presidential elector means a person entitled to vote at an election of a person to the office of President of Ireland; referendum includes a constitutional referendum and an ordinary referendum; tactile ballot template has the meaning assigned to it in section 3; visually impaired voters are voters who, by reason of a physical impairment connected to vision, are unable to read the text on a ballot paper. Amendment of section 3 of Act of (1) Section 3 of the Act of 1992 is amended by substituting visually impaired for blind in each place where it occurs. (2) Section 3(6) of the Act of 1992 is amended by substituting one hour for two hours. PART 2 TACTILE VOTING AT REFERENDA Insertion of section 24A into Act of The Act of 1994 is amended by the insertion of the following section after section 24: Tactile ballot template 24A. (1) A tactile ballot template means a folder of card or light plastic, with information thereon identifiable by touch, that allows for the ballot paper to be marked through openings in the tactile ballot template by inserting the ballot paper into the tactile ballot template (2) At a constitutional referendum every tactile ballot template shall be in the form set out in Part I of the Third Schedule to this Act. (3) At an ordinary referendum every tactile ballot template shall be in the form set out in Part II of the Third Schedule to this Act.. Insertion of section 32A into Act of The Act of 1994 is hereby amended by the insertion of the following after section 32: 2 Independent voting by visually impaired voters 32A. (1) This section shall apply to every constitutional referendum and every ordinary referendum. (2) During a referendum a tactile ballot template shall be available for use at every polling station. (3) Notwithstanding the provisions of section 3 of the Act of 1992, a Presidential elector who satisfies the presiding officer that his sight is so impaired that, but for the provisions of this section, he is unable to vote without assistance may

9 (a) request that his ballot paper be placed inside a tactile ballot template by the Presiding Officer, and (b) mark his ballot paper through a tactile ballot template. (4) Where a ballot paper is to be marked pursuant to subsection (3) the presiding officer may assist the Presidential elector by reading out in full from the ballot paper the particulars stated thereon, but he shall not assist the voter by marking the ballot paper. () A request made by a Presidential elector within one hour before the hour fixed by the Minister for the close of the poll to have the particulars stated on the ballot paper read out in full by the presiding officer pursuant to subsection (4) of this section may be refused by the presiding officer if, in his opinion, having regard to the number of Presidential electors then coming in to vote, or likely to come in to vote before the close of the poll, his acceding to such request would interfere with the proper discharge of his duties and would unduly obstruct the voting of other Presidential electors but nothing in this subsection shall prevent the Presidential elector from marking his ballot using a tactile ballot template without the particulars stated on the ballot paper having been read out to him.. 1 Insertion of Third Schedule into Act of The Act of 1994 is amended by the insertion after the Second Schedule and as the Third Schedule the text set out in the Schedule to this Act. 20 PART 3 ELECTRONICALLY ASSISTED VOTING Interpretation 7. In this Part 2 approved computer program means a computer program approved by the Minister in accordance with section 9 of this Act; computer means an electronic device capable of receiving data and performing a sequence of operations in accordance with premeditated but variable instructions to produce a result in the form of information; 30 election means a Dáil election, a European election, a local election or a Presidential election, unless the context otherwise suggests; elector means a Presidential elector, a Dáil elector, a European elector and a Local Government elector as defined in sections 7, 8, 9 and of the Act of 1992; 3 electronically assisted voting means marking the ballot paper by way of a printing device linked to a computer with an approved computer program installed; Local Electoral Area means an area of a city or county which has been divided by the 7

10 Minister in accordance with section 23 of the Local Government Act 2001 (as amended by section 20 of the Local Government Reform Act 2014); Minister means the Minister for the Environment, Community and Local Government; personal listening device means small speaker which when held in place near the ear allows the user to listen to audio communications but from which it is not otherwise possible to hear such communications. No entitlement to electronically assisted voting 8. This Part does not create an entitlement to vote by electronically assisted voting. Approval of computer program and printing device for electronically assisted voting 9. (1) As soon as may be after the passing of this Act, the Minister shall approve a computer program to enable electronically assisted voting provided the Minister is satisfied that (a) the proper use of the computer program will give the same result in the recording of votes in an election as would be obtained if no computer program was used in the recording of votes, 1 (b) the computer program will enable a visual display and auditory description (including the names and order of the candidates and other details about the candidates as they appear on the ballot-paper) of the ballot paper and voting instructions to be provided to an elector, (c) the computer program enables the elector to read the description of the candidates and voting instructions on a visual display and to listen to the description of the candidates and voting instructions through a personal listening device, 20 (d) the computer program allows an elector to vote using a touch screen or a keypad, (e) the computer program enables an allows an elector to select consecutive preferences beginning with the figure 1 in accordance with section 37 of the Act of 1992, 2 (f) the computer program allows an elector to give a spoiled vote, (g) the computer program enables a visual display and auditory description of the vote to be recorded on the ballot paper, (h) the computer program allows an elector to correct a mistake before the vote is processed by the computer program, 30 (i) the computer program allows an elector to abandon the ballot paper without completing the vote, (j) the computer program can, through a printing device, produce a paper record of each vote cast to enable the counting of votes in the election, 3 (k) the computer program cannot retain a record of vote cast, (l) the computer program will prevent any person from ascertaining the vote of a particular elector. 8

11 (2) A computer program approved by the Minister in accordance with subsection (1) shall be known as an approved computer program. (3) As soon as may be after the passing of this Act, the Minister shall approve a printing device to be used together with the approved computer program provided he is satisfied that (a) the printing device can be loaded with, and print upon, a ballot paper, (b) the printer is capable of printing a record of the vote cast by an elector by marking the ballot paper in the appropriate space, and (c) the ink or font used by the printer is of such a colour and of such characteristics that, as far as practicable, the mark made on the ballot paper resembles the mark made by manually marking the ballot paper with a pencil. Electronically assisted voting centre. (1) Each local authority shall, as soon as may be after the commencement of this Part, designate at least one polling place in every local electoral area at which an elector may mark his ballot paper using an electronically assisted voting system. 1 (2) A polling place which has been designated under subsection (1) shall be known as an electronically assisted voting centre. (3) No polling place shall be exclusively used as an electronically assisted voting centre. Electronically assisted voting compartment 11. (1) The returning office shall designate an area, screened from observation, in each electronically assisted voting centre which shall contain 20 (a) a computer with an approved computer program installed, (b) such audio or visual equipment, to include visual display, touch screen, keypad and personal listening device, necessary to vote using the approved computer program, 2 (c) a printing device approved by the Minister in accordance with section 9(3) of this Part, linked to the computer at subsection (1)(a) of this section, and capable of recording the vote of an elector using an approved computer program by printing a record of that vote on a ballot paper, and (d) such furniture as he considers necessary. 30 (2) The area designated under subsection (1) shall be known as an electronically assisted voting compartment. Form of ballot paper 12. The ballot paper used in an electronically assisted voting compartment shall be in the same form, and shall be indistinguishable from, the ballot paper used by other electors at the election. 3 9

12 Authorisation of visually impaired, incapacitated and illiterate voters to vote at another polling station 13. (1) Where, not less than days before polling day at an election, an elector, whose name is not on the postal voters list or the special voters list, satisfies the returning officer that he is, by reason of his vision being so impaired or that he is so physically incapacitated or that he is unable to read or write to such an extent that he is unable to vote without assistance, may apply to vote at an electronically assisted voting centre in the constituency in which he is entitled to vote and, if the elector so applies, the returning officer shall in writing authorise the elector to vote at such electronically assisted voting centre as may be specified in the authorisation instead of the polling place in which the elector would otherwise be entitled to vote. (2) A person who makes an application in accordance with subsection (1) shall provide to the returning officer, at the same time as making the application, such documents as may be necessary to satisfy the returning officer that his vision is so impaired or that he is so physically incapacitated or that he is unable to read or write to such an extent that he is unable to vote without assistance. (3) If for any reason, including damage to the computer, authorised computer program, audio or visual equipment or the failure of such equipment to work in the intended manner, it is not possible for an elector who has obtained an authorisation pursuant to subsection (1) of this section to mark his ballot paper in an electronically assisted voting compartment the elector may mark his ballot paper in accordance with section 1 or 3 of the Act of 1992 at the polling place specified in the authorisation Visually impaired, incapacitated and illiterate voters 14. (1) Notwithstanding anything in the Act of 1992, an elector who has been authorised to vote at an electronically assisted voting centre in accordance with section 13(1) of this Part or whose name appears on the register of electors in a polling place which has been designated as an electronically assisted voting centre and who satisfies the presiding officer that his vision is so impaired or that he is otherwise so physically incapacitated or that he is unable to read or write to such an extent that he is unable to vote without assistance may vote using an electronically assisted voting system (2) Nothing in this section shall affect the right of visually impaired, incapacitated and illiterate voters to mark their ballot paper in accordance with section 3 of the Act of Electronically assisted voting 1. (1) Subject to the provisions of subsections (1) and (2) of section 1 of the Act of 1992, a Dáil elector who is voting in accordance with section 14 of this Part shall 3 (a) go alone into the electronically assisted voting compartment, (b) secretly record his vote on the ballot paper using the approved computer system and printing device, (c) retrieve the ballot paper and fold the ballot paper so that it is concealed, 40 (d) return to the presiding officer s table, show the back of the folded paper to the presiding officer so as to disclose the official mark and then put the folded paper

13 into the ballot box. (2) He shall vote without undue delay and shall leave the polling station as soon as he has put his ballot paper into the ballot box. (3) Where an elector is marking his ballot paper in accordance this section, the presiding officer may, prior to the elector entering the electronically assisted voting compartment, assist the elector by informing the elector of the physical layout of the electronically assisted voting compartment and inserting the ballot paper which has been issued to the elector into the printing device but shall not otherwise assist the elector. (4) A Dáil elector who records his vote in accordance with subsection (1) of this section shall be deemed to have recorded his vote in accordance with section 1 of the Act of () The validity of a vote cast in accordance with this section shall not be disputed on the ground that the elector could have voted without assistance. (6) At the counting of the votes, no ballot paper shall be rejected solely on the basis that it was marked using a printing device in accordance with this section. 1 Offence to interfere with electronically assisted voting system 16. (1) The Minister shall ensure that arrangements are in place to ensure that (a) computer programs and electronic devices used or intended to be used for or in connection with electronically assisted voting are kept secure and free from interference, and 20 (b) the integrity of voting is maintained while electronically assisted voting is being used. (2) A person shall not, without the approval of the Minister, damage, destroy or interfere with any computer program, data file, audio equipment or electronic device, including a printing device, which is used, or intended to be used, for or in connection with electronically assisted voting. 2 (3) A person who contravenes, or procures with another person to contravene, subsection (2) commits an offence and is liable (a) on summary conviction to a fine not exceeding,000 or, at the discretion of the court, to imprisonment for a period not exceeding six months or to both such fine and such imprisonment, or (b) on conviction on indictment to a fine not exceeding,000 or, at the discretion of the court, to imprisonment for a period not exceeding three years or to both such fine and such imprisonment

14 Section 24A SCHEDULE INSERTION OF THIRD SCHEDULE INTO ACT OF 1994 THIRD SCHEDULE Section 6 Part I FORM OF TACTILE BALLOT TEMPLATE AT A CONSTITUTIONAL REFERENDUM (front) Note: The Braille characters and the lettering shall be embossed on the tactile voting template so as to be identifiable by touch. All other surfaces of the tactile voting template shall be left blank. 12

15 Part II FORM OF TACTILE BALLOT TEMPLATE AT AN ORDINARY REFERENDUM (front) Note: The Braille characters and the lettering shall be embossed on the tactile voting template so as to be identifiable by touch. All other surfaces of the tactile voting template shall be left blank.. 13

16 An Bille Toghcháin (Leasú), 201 Electoral (Amendment) Bill 201 BILLE (mar a tionscnaíodh) dá ngairtear BILL (as initiated) entitled Acht do dhéanamh socrú speisialta maidir le vótáil neamhspleách ag vótálaithe atá faoi lagamharc, ag vótálaithe éagumasacha agus ag vótálaithe neamhliteartha. An Act to make special provision for independent voting by visually impaired, incapacitated and illiterate voters. An Teachta Colm Ó Caomhnaigh a thug isteach, 23 Aibreán, 201 Introduced by Deputy Colm Keaveney, 23rd April, 201 BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tsoláthair Le ceannach díreach ó FOILSEACHÁIN RIALTAIS, 2 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2. (Teil: nó ; Fax: ) nó trí aon díoltóir leabhar. DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased from GOVERNMENT PUBLICATIONS, 2 ST. STEPHEN S GREEN, DUBLIN 2. (Tel: or ; Fax: ) or through any bookseller. Wt /1. Clondalkin. (0022). Gr