Constitutional Frameworks Week 4 Quiz
59 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What was a significant reason that the proprietary code was not made available?

  • The system was already deemed obsolete.
  • There were concerns about security vulnerabilities. (correct)
  • It was considered too complex for testing.
  • The government did not require it.

Which report specifically stated that the voting counting equipment could be used with modifications?

  • Interim Report
  • First Report
  • Second Report (correct)
  • Final Report

How often must the constituencies be revised according to the outlined laws?

  • Every 5 years
  • Every general election
  • At least once every 12 years (correct)
  • Every 10 years

What major issue was highlighted in the commission's reports regarding the election management software?

<p>It was too defective to be recommended. (D)</p> Signup and view all the answers

What was the implication of each beep when a voter pressed a button?

<p>It confirmed vote registration. (B)</p> Signup and view all the answers

What was the consequence of votes from 2002 being published on the Internet?

<p>Concerns over voter privacy and security. (C)</p> Signup and view all the answers

What is the minimum number of TDs allocated to each constituency?

<p>3 TDs (C)</p> Signup and view all the answers

What was the final action taken regarding the electronic voting project?

<p>It was abandoned in April 2009. (C)</p> Signup and view all the answers

Who is eligible to vote by special ballot in a Garda station?

<p>Voters unable to attend polling due to physical illness (B)</p> Signup and view all the answers

What is required for a postal vote to be given to a special voter?

<p>The special presiding officer cannot access the special voter's residence (B)</p> Signup and view all the answers

Which legislation is associated with the procedures for special voting?

<p>Electoral Act, 1992 (B)</p> Signup and view all the answers

What defines a special voter?

<p>Someone unable to attend polling due to physical illness or disability (A)</p> Signup and view all the answers

Which of the following is true regarding prisoners and voting?

<p>Prisoners may be registered as electors and provided with opportunities to vote (D)</p> Signup and view all the answers

Under what conditions can voters who are diplomats vote while abroad?

<p>If they are Irish citizens (D)</p> Signup and view all the answers

Which case is associated with special voting rights for prisoners?

<p>Breathnach v Ireland (C)</p> Signup and view all the answers

What should a special voter be resident in to qualify for special voting?

<p>An institution for persons with physical illnesses (D)</p> Signup and view all the answers

What is the requirement for a blind or incapacitated voter to have their ballot marked?

<p>They must have a qualified companion to assist. (C)</p> Signup and view all the answers

Who is responsible for marking the ballot if the voter does not request assistance?

<p>The presiding officer. (B)</p> Signup and view all the answers

What is the purpose of a special presiding officer during the voting process?

<p>To witness the voting process for special voters (C)</p> Signup and view all the answers

What distinguishes special voting from regular voting?

<p>Special voting is allowed for voters with specific disabilities (D)</p> Signup and view all the answers

What arrangements must a returning officer make for voters with visual impairments?

<p>Facilitate marking without assistance. (D)</p> Signup and view all the answers

What do the Elections (Ballot Paper Template) Regulations 2019 specify?

<p>Ballot paper templates for various elections. (C)</p> Signup and view all the answers

When were ballot paper templates first used?

<p>2018 presidential election. (A)</p> Signup and view all the answers

What was a major concern with electronic voting systems?

<p>Inability to audit or verify results. (A)</p> Signup and view all the answers

What technology was used for recording votes in electronic voting?

<p>Voting machines with cartridges or disks. (C)</p> Signup and view all the answers

Who provided the specifications for the ballot paper templates utilized in elections?

<p>The Minister of Elections. (B)</p> Signup and view all the answers

What is the purpose of the provisions made for voters in wheelchairs?

<p>To provide physical access to polling stations. (C)</p> Signup and view all the answers

Which of the following statements about postal voters is true?

<p>They use paper ballots. (A)</p> Signup and view all the answers

What was a significant development in voting technology mentioned?

<p>Use of tactile ballot paper templates. (D)</p> Signup and view all the answers

What was the main purpose of the Electoral (Amendment) Act, 2001?

<p>To establish electronic voting regulations. (D)</p> Signup and view all the answers

What must be true for a chosen companion to assist a blind voter?

<p>They must be qualified to mark the ballot. (C)</p> Signup and view all the answers

What is a requirement for a person to be eligible to vote in Dáil elections?

<p>Must be a citizen of Ireland or determined by law (D)</p> Signup and view all the answers

Which of the following options correctly describes the 'pending electors list'?

<p>Includes individuals aged 16 to 17 who may become eligible (B)</p> Signup and view all the answers

What change was introduced by the Electoral Reform Act 2022 regarding the register of electors?

<p>Allowed registration of persons with no fixed address (D)</p> Signup and view all the answers

According to the constitutional framework, who is deemed ordinarily resident while in legal custody?

<p>Persons detained but not disqualified from voting (D)</p> Signup and view all the answers

What is a requirement for British citizens regarding voting in Dáil elections?

<p>Eligibility is determined by law (A)</p> Signup and view all the answers

What is one of the exceptions to voting in person at the polling station?

<p>Postal voting for registered postal voters (D)</p> Signup and view all the answers

What did the Ninth Amendment of the Constitution Act, 1984 entail regarding voting rights for non-citizens?

<p>Non-citizens can vote at Dáil elections but not for President or referendums (D)</p> Signup and view all the answers

What defines the method of voting in Dáil elections according to the Electoral Act?

<p>Voting is only permitted in person unless exceptions apply (C)</p> Signup and view all the answers

Which statement is true about students registering to vote?

<p>Students can be registered at multiple addresses simultaneously (D)</p> Signup and view all the answers

What did the case Quinn v Waterford Corp determine about student residency?

<p>Students living away from home during term are ordinarily resident at both addresses (A)</p> Signup and view all the answers

What measure was introduced for 'anonymous electors' under the Electoral Reform Act 2022?

<p>Registration on personal safety grounds (C)</p> Signup and view all the answers

Which statement accurately reflects the voting process for persons detained in custody?

<p>They are considered normally resident where they would be if not detained (D)</p> Signup and view all the answers

What describes the voting conduct of postal voters under the Electoral Act?

<p>Ballots are completed and sent back without supervision (A)</p> Signup and view all the answers

In the context of voting, who are considered 'special voters'?

<p>Voters who cannot physically attend polling stations (A)</p> Signup and view all the answers

Which group was specifically mentioned as being eligible for 'simple' postal voting?

<p>Individuals with illnesses or disabilities (B)</p> Signup and view all the answers

What does Draper reaffirm in relation to the state's obligations regarding voting opportunities?

<p>The state is not obliged to ensure every voter has an opportunity to vote. (C)</p> Signup and view all the answers

Which statement describes the voting rights of remand prisoners according to Keane CJ?

<p>Remand prisoners are presumed innocent but their right to vote is suspended. (D)</p> Signup and view all the answers

What did the Grand Chamber of the European Court of Human Rights hold regarding UK prisoners and their voting rights?

<p>UK prisoners must be given some form of voting provision. (C)</p> Signup and view all the answers

Under the Electoral (Amendment) Act 2006, what voting option is available to all prisoners?

<p>They are eligible for a postal vote. (B)</p> Signup and view all the answers

What was emphasized regarding the legislature's role in voting rights?

<p>The legislature has a special role in defining voting rights. (B)</p> Signup and view all the answers

As per the Electoral Act, who is not eligible to run for election in Ireland?

<p>A person undergoing a sentence of imprisonment of more than six months. (C)</p> Signup and view all the answers

What does the Electoral Act stipulate about the nomination of candidates?

<p>Candidates need either a proposer and deposit or support from 30 registered electors. (C)</p> Signup and view all the answers

What was deemed unconstitutional regarding voting practices before 1972?

<p>Noting the voter number on the counterfoil to trace votes. (C)</p> Signup and view all the answers

Under the Electoral (Amendment) Act 2002, what change was made to the candidate nomination process?

<p>The election deposit was abolished. (C)</p> Signup and view all the answers

In which case was it held that not allowing any provision for prisoners to vote violated their rights?

<p>Hirst v United Kingdom (No 2) (D)</p> Signup and view all the answers

What requirement must a registered political party meet under the Electoral Reform Act 2022?

<p>At least one elected TD or MEP. (A)</p> Signup and view all the answers

Which provision was upheld in relation to the regulations governing Dáil elections?

<p>Candidates are listed alphabetically on the ballot. (C)</p> Signup and view all the answers

According to Art 16.5, how frequently must general elections occur?

<p>Every 7 years at a minimum. (B)</p> Signup and view all the answers

Flashcards

Special Voting Eligibility: Full-time Education

Students enrolled in full-time education programs in the State are eligible to vote by post if they are unable to go in person on polling day due to their educational commitments.

Special Voting: Garda Witness

A voter can cast a ballot at a Garda station, with a Garda present as a witness, and then return the ballot by post.

Special Voting: Diplomats and Spouses

Irish citizens serving as diplomats abroad, along with their spouses, are eligible to vote by post if they, as a result of their work, are unable to vote in person.

Special Voting: Prisoners

Prisoners are eligible to vote under the supervision of a prison officer.

Signup and view all the flashcards

Draper v AG Case

This landmark case in 1984 established the right for certain individuals to have special voting arrangements due to their inability to vote in person.

Signup and view all the flashcards

Special Voting Procedures

The procedure for special voting outlines the specific requirements, like the need for a special presiding officer and a Garda, when people cannot vote in person.

Signup and view all the flashcards

Hospitalized Special Voters

Individuals who are ordinarily residing in hospitals, homes, or institutions for the physically ill or disabled are eligible to vote under special voting procedures.

Signup and view all the flashcards

Postal Vote for Special Voters

If the special presiding officer can't reach a special voter's location, a postal vote can be provided.

Signup and view all the flashcards

Breathnach v Ireland Case

The case involved a convicted prisoner challenging the lack of opportunity to vote, arguing it was discriminatory.

Signup and view all the flashcards

Prisoner Disenfranchisement

This case brought to light the potential for disenfranchisement of prisoners, as they may not have an equal opportunity to vote.

Signup and view all the flashcards

Voting Machine Limitations

The voting machines used in Ireland's e-voting pilot program were deemed problematic. They had issues with functionality, security, and transparency, leading to a rejection of the system for use in the 2004 elections.

Signup and view all the flashcards

E-Voting Software Concerns

While the voting equipment itself had potential with modifications, it was the e-voting software that posed major issues. Its defects were too significant for the software to be recommended for use in elections.

Signup and view all the flashcards

Minimum Representation in a Constituency

Every constituency in Ireland must have at least three TDs (Teachta Dála), ensuring a minimum level of representation for each district.

Signup and view all the flashcards

Constituency Size: Equal Representation

The goal is to have a relatively equal number of people represented by each TD across the country. This aims for a fair distribution of political power.

Signup and view all the flashcards

Constituency Reviews

The boundaries of constituencies are reviewed at least once every 12 years, taking into account population changes revealed by the census. This ensures representation reflects the actual population distribution.

Signup and view all the flashcards

Constituency Boundaries: Legal Determination

The boundaries of the constituencies are determined by law, ensuring a clear and organized framework for elections.

Signup and view all the flashcards

TDs: Population Ratio

Each TD represents a specific number of people in their constituency. The goal is to ensure that, as much as possible, each TD represents a similar number of constituents across the country.

Signup and view all the flashcards

Total Size of Dáil: Minimum Representation

The total number of TDs in the Dáil is determined by the population of the country. There's at least one TD for every 20,000 citizens, guaranteeing a certain level of representation for the whole country.

Signup and view all the flashcards

Voting by Blind, Incapacitated, or Illiterate Voters

These voters have the right to have their ballot paper marked by a companion, if they wish. If they don't request a companion, the presiding officer will mark the ballot in their presence.

Signup and view all the flashcards

Companion Eligibility

A companion marking the ballot for a blind, incapacitated, or illiterate voter must be qualified to do so, according to Section 103(4) of the Electoral Act, 1992.

Signup and view all the flashcards

Presiding Officer's Role

If a voter doesn't request a companion or their chosen companion isn't qualified, the presiding officer will mark the ballot, in the presence of the voter and personation agents, as instructed by the voter.

Signup and view all the flashcards

Wheelchair Accessibility

The Electoral Act 1996 mandates that returning officers must make arrangements for wheelchair users to vote, as outlined in Sections 94(1A) and 94(5)(i).

Signup and view all the flashcards

Visual Impairment Assistance

Returning officers must facilitate voters with visual impairments to mark their ballot papers without assistance, as required by Section 94(5)(j) of the Electoral Act 1996.

Signup and view all the flashcards

Electoral Regulations 2016

These regulations outline the specifications for ballot paper templates used in referendums, initially implemented in the 2018 referendum on the Thirty-sixth Amendment of the Constitution Bill.

Signup and view all the flashcards

Sinnott v Minister for the Environment

This case was brought to implement the use of tactile ballot paper templates for elections other than referendums.

Signup and view all the flashcards

Electoral Regulations 2019

These regulations specify the ballot paper templates for Dáil, European Parliament, and local elections, implemented first in 2019.

Signup and view all the flashcards

Presidential Elections Regulations 2018

These regulations detail the ballot paper templates used in presidential elections, initially used in 2018.

Signup and view all the flashcards

Tactile Ballot Paper Templates

These templates are designed to help visually impaired voters by providing raised markings that allow them to identify the candidates or options on the ballot.

Signup and view all the flashcards

Electronic Voting: Electoral Amendment Acts

The Electoral (Amendment) Act 2001, Part 3, and the Electoral (Amendment) Act 2004 introduced provisions for electronic voting in Irish elections.

Signup and view all the flashcards

Electronic Voting: Implementation

The first significant implementation of electronic voting in Ireland was in 2002 in Meath, Dublin North, and Dublin West constituencies.

Signup and view all the flashcards

Electronic Voting: Objections

One major objection to electronic voting is the lack of a clear method for auditing or verifying the results, making it difficult to ensure the integrity of the process.

Signup and view all the flashcards

Who can vote in Ireland?

Irish Citizens and other persons in the State as determined by law, British citizens, and other EU citizens with reciprocity, aged 18 or older.

Signup and view all the flashcards

What is the role of Article 16 of the Irish Constitution?

It acts as a 'total code' governing the conduct of Dáil elections.

Signup and view all the flashcards

Can non-Irish citizens vote in Irish elections?

The Ninth Amendment to the Constitution allows the Oireachtas (Irish Parliament) to grant voting rights to non-citizens in Dáil elections, but not Presidential elections or referendums.

Signup and view all the flashcards

How is the Register of Electors updated?

It's now continuously updated to reflect changes in citizenship, address, and age.

Signup and view all the flashcards

What are 'anonymous electors'?

People who can register and vote without revealing their address, for personal safety reasons.

Signup and view all the flashcards

What was the outcome of Reynolds v AG?

A young person challenged the law, but the court ruled that an 18-year-old could not vote in a general election because the old register, which limited voting to over 20s, remained effective for a time.

Signup and view all the flashcards

Where do third-level students 'ordinarily reside' according to Quinn v Waterford Corp?

They are considered 'ordinarily resident' at both their home address and their student address.

Signup and view all the flashcards

Can a full-time student register to vote more than once?

No, they can only register once, but they can choose where to be registered.

Signup and view all the flashcards

What is the general rule for voting in person in Ireland?

You can vote in person only, at the polling station assigned to you.

Signup and view all the flashcards

What are the exceptions to the general rule of voting in person?

Postal voters, special voters, and certain employees or disabled persons can vote under different rules.

Signup and view all the flashcards

Who is eligible for 'simple' postal voting?

Gardaí, Defence Forces, people with illnesses or disabilities, and anonymous electors are all eligible.

Signup and view all the flashcards

What is 'supervised' postal voting?

Voting by post, but with the ballot paper completed under supervision.

Signup and view all the flashcards

Can a person in legal custody vote?

Yes, they are deemed to be ordinarily resident where they would have been living if not in custody.

Signup and view all the flashcards

How can a prisoner on temporary release vote?

They can vote at a polling station, but were not previously allowed postal voting.

Signup and view all the flashcards

Draper Reaffirmed

The state is not obliged to ensure every voter has an opportunity to exercise their right to vote, particularly in the case of prisoners.

Signup and view all the flashcards

Suspension of Right to Vote

The right to vote is 'suspended' or 'in abeyance' for any person during imprisonment, regardless of their status as a remand prisoner, implying a presumption of innocence but lawful custody.

Signup and view all the flashcards

Voluntary Act

The inability to vote while imprisoned is considered a voluntary act of the prisoner, as they willingly engaged in the actions that led to their imprisonment.

Signup and view all the flashcards

Hirst v United Kingdom (No 2)

The European Court of Human Rights ruled that prohibiting all UK prisoners from voting violated the European Convention on Human Rights.

Signup and view all the flashcards

Provision for Prisoner Voting

The decision in Hirst implies failing to make any provision for prisoners to vote, even a partial one, also violates Article 3 of Protocol No 1 to the European Convention on Human Rights.

Signup and view all the flashcards

Electoral (Amendment) Act 2006 (Ireland)

This Irish Act grants all prisoners, both on remand and convicted, the right to participate in elections using a postal vote.

Signup and view all the flashcards

Prisoner Vote Supervision

Prison officers are required to supervise the casting of votes by prisoners, contributing to the integrity and transparency of the electoral process.

Signup and view all the flashcards

Eligibility for Dáil Election

To be eligible for election to the Dáil in Ireland, you must be an Irish citizen, at least 18 years old, and not subject to a disability or incapacity.

Signup and view all the flashcards

Constitutional Restrictions on Candidacy

The Irish Constitution restricts certain individuals, such as the President, Comptroller & Auditor General, and Judges, from holding seats in the Dáil.

Signup and view all the flashcards

Electoral Act 1992: Ineligibility

The Electoral Act 1992 specifies various categories of individuals who are ineligible to be elected to the Dáil, including EU office holders, members of the Garda Síochána, and certain civil servants.

Signup and view all the flashcards

Dual Mandate

The 'dual mandate' previously allowed individuals to hold a position in local government and the Dáil or Seanad simultaneously. However, this was abolished in 2001, requiring individuals to choose one position.

Signup and view all the flashcards

Nomination Requirements for Dáil Candidacy

To be nominated for a Dáil election, you must have a proposer (often a registered elector), pay a deposit of €500 (optional), and have your name specified on the nomination paper.

Signup and view all the flashcards

Removal of Deposit Requirement (Electoral (Amendment) Act 2002)

The 2002 amendment to the Electoral Act abolished the deposit requirement for Dáil candidates. Instead, they must either be nominated by a registered political party or obtain 30 assenting signatures.

Signup and view all the flashcards

Registered Political Party Affiliation (Ballot Paper)

Candidates from registered political parties are exempt from requiring 30 assenting signatures and can have their party affiliation displayed on the ballot paper.

Signup and view all the flashcards

Secret Ballot (Constitutionally Protected)

The Irish Constitution guarantees that voting must be done by secret ballot, meaning no voter's choice can be traced back to them.

Signup and view all the flashcards

Study Notes

Constitutional Frameworks 2024/25, Week 4

  • Dáil elections are scheduled for this period
  • Topics covered include:
    • Franchise
    • Registration of electors
    • Method of Voting
    • Eligibility
    • Nomination
    • Ballot Paper
    • Registration of Political Parties
    • Electoral System
    • Voting
    • Constituencies
    • Proportional Representation
    • Funding of Political Parties, Political donations and election expenditure
    • Composition of the Seanad
    • Right to Vote (Art 16.1.2°)
    • Citizenship
    • Register of Electors
    • Registration process for electors
    • Eligibility for registration
    • Voting options for electors without a fixed address
    • Specific legislation for prisoners and special electors
    • Student registration to vote
    • Postal votes for various categories
    • The manner of voting; postal, in person etc.
    • Voting by blind, incapable or illiterate voters
    • Ballot paper sent to voter by post
    • "Supervised" postal voting
    • Special voting for prisoners, disabled
    • Convicts and their right to vote
    • The Hirst v United Kingdom case
    • Election of who can be elected
    • The right to vote for prisoners and other special cases
    • Nomination procedures and regulations
    • Candidate's name and the deposit to be made
    • Who can be elected and the criteria required
    • Electoral limits
    • Financial limits on elections
  • Methods of voting to be reviewed for accuracy

Additional Notes

  • Constitutional provisions for voter eligibility and the rights of various groups
  • Legislation pertaining to elections and related matters
  • Detailed Examination of Voting Rights
  • Specific details for each topic area, including relevant Acts and regulations
  • Historical context of various voter regulations
  • Important case studies to strengthen understanding of different issues
  • Current electoral legislation to be reviewed with specific attention to details about the current legislation
  • Implications of the legislation to be reviewed for various groups, including minorities
  • Case studies relating to electoral reform and similar issues to consider
  • Cases and acts dealing with issues surrounding the right to vote
  • Details of registration, voting and nomination methods under different circumstances, including for convicted persons.
  • Details regarding eligibility or incapacitation to vote

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

Description

This quiz covers essential topics related to Dáil elections, including franchise, eligibility, methods of voting, and political party registration. Test your understanding of the electoral system and the rights associated with voting as outlined in the relevant constitutional provisions. Prepare to engage with the nuances of voting options for different elector categories.

More Like This

Electoral System Synonyms Quiz
3 questions
US Electoral System Overview
8 questions

US Electoral System Overview

UnwaveringBowenite4454 avatar
UnwaveringBowenite4454
Understanding the Electoral System
12 questions
Use Quizgecko on...
Browser
Browser