Who can vote at the referendum and how to register
Every citizen of Ireland ordinarily resident in the State, who is aged 18 years or over on polling day, and whose name is entered on the register of electors is entitled to vote.
Attending the polling station and evidence of identity
In general, electors vote in person at their local polling station. Each elector will receive a Polling Information Card. A Polling Information Card will inform them of their number on the register of electors, the date of the poll and the location of their polling station. A Statement for the Information of Voters will be printed on the Polling Information Card.
An elector attending a polling station to vote may be required to produce evidence of identity. A person who fails to produce evidence of identity when requested, or who fails to satisfy the Presiding Officer that they are the person to whom the evidence of identity relates, will not be allowed to vote. The documents that will be accepted as evidence of identity will be listed on the Polling Information Card sent to electors before polling day and on posters displayed at polling stations. These documents are:
1. a passport
2. a driving licence
3. an employee identity card containing a photograph
4. a student identity card issued by an educational institution and containing a photograph
5. a travel document containing name and photograph
6. a bank or saving or credit union book containing an address in the constituency or local electoral area (where appropriate)
7. a Public Services Card;
OR
any of the following, accompanied by a further document which establishes the address of the holder in the constituency or local electoral area (where appropriate):
8. a cheque book
9. a cheque card
10. a credit card
11. a birth certificate
12. a marriage certificate
Postal voting
Postal voting is available to persons on the postal voters list.
Eligible categories of people including the following:
• members of the Defence Forces
• members of An Garda Síochána
• Irish diplomats serving abroad and their spouses or civil partners
• electors living at home who are unable to vote because of an illness or a disability
• electors whose occupation, service or employment makes it likely that they will be unable to vote in person at their local polling station on polling day
• full-time students registered at their home who are living elsewhere while attending an educational institution in the State
• prisoners
• certain election staff employed at the poll outside the constituency where they live
• people who have anonymously registered because their safety (or that of a member of their household) might be compromised by publication of their details on the electoral register. Anonymous registration was introduced through the Electoral Reform Act 2022.
Voting arrangements for people with an illness or disability
Electors with an illness or disability, resident in a hospital, mental health facility, nursing home or similar institution, and who are included in the special voters list, may vote at their hospital, nursing home or similar institution where they live. Ballot papers are delivered to them by a Special Presiding Officer.
Following new arrangements introduced through the Electoral Act 2022, a voter’s certifying medical practitioner no longer needs to provide the nature of their illness or disability. They can indicate an expected length of the illness or disability. The registration authority will have regard to this when providing a postal voting arrangement. This means that for those postal voters with a longer-term or ongoing illness or disability, annual renewal of medical certification will not be required.
Postal voting is also now available to persons with mental health difficulties who have difficulty accessing a polling station in their area. This facility was previously only available to persons with physical health difficulties.
Electors with a physical disability who have difficulty getting access to a polling station in their area may apply to the Local Returning Officer to vote at a more accessible station in the same constituency. The Local Returning Officer is required to publish a list of all polling stations that are not accessible to wheelchair users. At the polling station on polling day, an elector with a physical disability, visual impairment, or reading or writing difficulty, may be assisted in voting by the Presiding Officer or by a companion.
Options for visually impaired voters
In addition to the traditional options of seeking the help of the Presiding Officer or a companion to mark the ballot paper, visually impaired voters can use a Ballot Paper Template (BPT) to mark their ballot paper without assistance if they wish. BPTs will be available at each polling station.
If a voter with visual impairment wishes to use a BPT, they must tell the Presiding Officer they wish to use the BPT. They will then be given a ballot paper with the BPT attached to it. They will be given whatever practical help they need in order to vote in secret.
The BPT uses raised print and Braille to guide the voter to the squares ‘Y ’ and ‘N ’, so they can mark on the ballot paper beneath the template. Once the ballot paper has been marked, the voter can detach it from the template, fold it and place it in the ballot box in the usual way.
View an image of the referendum BPT.
Referendum results
Once the counts of the referendums are completed, the Referendum Returning Officer will produce a provisional referendum certificate for each referendum from the constituency results. The provisional referendum certificates will be published in Iris Oifigiúil (the Official State Gazette). Within seven days of this publication, any elector may apply to the High Court for leave to present a petition questioning the validity of a provisional referendum certificate. If no petition is presented, or where every petition presented has become null and void, the certificate becomes final. If the final certificate shows that the majority of the votes cast were in favour of the proposal, the relevant Bill is signed by the President and the Constitution is amended accordingly.
Constituencies
In accordance with Section 18 (1) of the Referendum Act 1994 and, for the purpose of taking the poll at a referendum, the State shall be deemed to be divided into the same constituencies as those into which it is for the time being divided for the purpose of Dáil elections and the poll shall be taken separately in each such constituency.
Island voting
The timeframe for island voting has changed following the enactment of the Electoral Reform Act 2022. Section 200 of the Electoral Reform Act 2022 amended the Electoral Act 1992 and provided that, same day voting now applies for the islands. This means that, going forward, the islands of Ireland will vote on the same day as the rest of Ireland.
Section 200 (b) of the Act provides for the shortening of the polling period on an island if advised by the island’s Returning Officer.
For further information, read the Electoral Reform Act.
Posters
Referendum posters can be displayed from the date on which the Minister for Housing, Local Government and Heritage makes the Polling Day Order announcing the day on which the referendums shall be held, until the seventh day after the latest day on which a poll is taken.
Prohibition of political activity at polling stations
All political activity in the vicinity of polling stations for the duration of the poll and for half an hour before and after is prohibited. This will apply to loitering, congregating, canvassing in any form, display or distribution of posters, notices, cards or any other documents relating to the referendum. It also applies to the use of loudspeakers or any public address system. The prohibition will apply in relation to the grounds in which the polling station is situated and within 50 metres of any entrance to the grounds.
Information booklet “Referendum in Ireland”
An information booklet “Referendum in Ireland” is available. This booklet provides information on what a referendum entails and the processes involved in deciding the final result. Read the information booklet.
Referendum legislation
The Referendum Act of 1994 amended and consolidated the law relating to the taking of a referendum. The 1994 Act applied necessary modifications to matters such as postal and special voting, and the arrangements for taking the poll and the counting of votes.
Read the Referendum Act 1994.
The Electoral Reform Act 2022 provided for a number of fundamental changes to our electoral processes. Among these was the establishment of An Coimisiún Toghcháin (a statutory and independent electoral commission), the modernisation of the electoral registration process and the regulation of online political advertising.
Read the Electoral Reform Act 2022.