S.I. No. 122/1989:

DÁIL ELECTION AND EUROPEAN PARLIAMENT ELECTION (SPECIAL DIFFICULTY) ORDER, 1989.

DÁIL ELECTION AND EUROPEAN PARLIAMENT ELECTION (SPECIAL DIFFICULTY) ORDER, 1989.

Whereas it appears to the Minister for the Environment that, by reason of the interruption of normal postal services, there is a special difficulty in relation to the holding of the Dáil election and the European Parliament election, the polls at which are to be taken on the 15th day of June, 1989, the Minister for the Environment, in exercise of the powers conferred on him by section 92 of the Electoral Act, 1963 (No. 19 of 1963), as amended by section 21 of the European Assembly Elections Act, 1977 (No. 30 of 1977), hereby orders as follows:

1. This Order may be cited as the Dail Election and European Parliament Election (Special Difficulty) Order, 1989.

2. In this Order--

"Dáil returning officer" means the person who, pursuant to section 11 of the Electoral Act, 1963 , as amended by section 1 of the Electoral (Amendment) Act, 1986 (No. 12 of 1986) is the returning officer for a Dáil constituency;

"postal voter" means in relation to an election a person entitled to vote by post at that election.

3. The provisions of the Electoral Acts, 1923 to 1989, and of the European Assembly Elections Acts, 1977 to 1986, and of the Regulations made under those Acts are hereby adapted in relation to the Dáil election and the European Parliament election the polls at which are to be taken on the 15th day of June, 1989 as is set out in article 4 of this Order.

4. (1) The ballot papers and the forms of receipt or, as the case may be, the form of declaration of identity, to be sent to postal voters shall be sent to them by post or in such other manner as the Dáil returning officer considers appropriate.

(2) A postal voter may deliver or send his ballot paper by post or in any other manner to the Dáil returning officer and a postal ballot paper which is received by the Dáil returning officer before the close of the poll shall not be rejected solely on the grounds that it was not sent to the Dáil returning officer by post.

(3) The Dáil returning officer shall send to each postal voter an instruction that the ballot paper may be returned to him by post or in any other manner.

(4) The Dáil returning officer may send a polling card to every elector whose name is on the register of European Parliament electors by post, or in such other manner as he considers appropriate.

(5) The Dáil returning officer, instead of sending a polling card to each elector, may take such steps as he considers appropriate for the purpose of informing electors of the polling day and of the place at which each elector will be entitled to vote.

(6) Subsection (6) of section 12 of the Electoral Act, 1963 shall have effect as if "by registered post" and "and shall be transmitted free of charge by the earliest practicable post" was deleted.

GIVEN under the Official Seal of the Minister for the Environment this 25th

day of May, 1989.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

This Order makes provision in respect of certain difficulties which have arisen, by reason of the interruption of postal services, in relation to the holding of the Dáil election and the European Parliament election, the polls at which are to be taken on 15th June, 1989.