Dáil Éireann Debate, Thursday - 7 May 2026
350. Deputy Marie Sherlock asked the Minister for Housing, Local Government and Heritage the reason the deadline for postal vote and special vote applications for the two by- elections was set only one working/postal day after the moving of the writ; and his views that such deadlines, effectively disenfranchise persons who qualify, contrary to their constitutional rights under Art 16 of Bunreacht na hÉireann. [33939/26]
View answerSection 14(2) of the Electoral Act 1992 provides that an application to be entered in the postal voters list recieved on a date that is on or after the third day after the date of the making of the order appointing polling date in the case of a Dáil bye-election shall have no effect in relation to that bye-election.
Similarly, section 17(6) of the Act provides for that an application to be entered in the special voters list recieved on a date that is on or after the third day after the date of the making of the order appointing polling date in the case of a Dáil bye-election shall have no effect in relation to that bye-election.
This requirement provides for sufficient time for the processing of applications by registration authorities; the provision of information or documents to a registration authority that the authority may require; as well as a period of time in which an appeal can be made in respect of a decision by a registration authority to refuse an application, in advance of Returning Officers facilitating postal voting - including the return of postal votes from overseas - and special voting before the close of poll.
The Electoral Reform Act 2022 provided for a wide-ranging modernisation of our electoral structures and processes, including significant changes to postal voting arrangements. Under the provisions of Part 3 of the Act, the introduction of a rolling electoral registration process (in contrast to the former annual registration process) means that people can register or update their registration details, including postal voting applications, at any time of year up to the usual deadlines in advance of an electoral event.
Furthermore, applications for a postal vote due to illness or disability - which must be certified by a registered medical practitioner to enable the registration authority consider and be satisfied that the applicant is unable to attend their polling station to vote on polling day due to their illness or disability - no longer needs to provide the nature of the illness or disability, but can indicate an expected duration. The relevant registration authority will have regard to this when assigning a postal voting arrangement. This means that for those postal voters with longer term or ongoing health difficulties, annual renewal is not required.
The research and advisory functions of An Coimisiún Toghcháin, the independent electoral commission, enables it to carry out research on electoral policy and procedure. An Coimisiún is also empowered to advise and make recommendations to the Minister and the Government in relation to any proposals for legislative change, or any other policy matters concerning electoral and legislative proposals.
An Coimisiún’s Research Programme 2024-2026, published on 10 July 2024, includes a commitment to examine the issue of postal voting. My Department will review this policy area once An Coimisiún has considered and made recommendations on the issue.
