Frequently Asked Questions (FAQs)
The Role of The Electoral Commission
What is the role of the Electoral Commission in a referendum?
An Coimisiún Toghcháin is a statutory, independent body, established on 9 February 2023 with responsibility for a broad range of electoral functions set out in the Electoral Reform Act 2022. An Coimisiún is central to Ireland’s electoral system, carrying out a range of existing electoral functions.
In relation to Ireland’s referendums, since February 2023 we have taken over the functions of previous Referendum Commissions.
This means we have the responsibility to:
– prepare a statement or statements containing a general explanation of the subject matter of the proposal for the referendum concerned;
– publish (in both the Irish and English languages) and distribute statements as appropriate across TV, radio, and other electronic media for the attention of the electorate and to ensure as far as practicable that those with a sight or hearing disability can read or hear the statements concerned;
– to promote public awareness of the referendum and encourage the public to vote at the referendum.
Does the Electoral Commission provide the arguments for and against the referendum?
An Coimisiún Toghcháin, Ireland’s independent Electoral Commission does not advocate or promote a particular result at a referendum and it’s not our role to outline the arguments for and against referendum proposals.
The Commission may however, at our discretion, clarify and provide appropriate information about areas we consider to be of significant public concern and importance.
Who are the people in the Electoral Commission?
An Coimisiún Toghcháin, Ireland’s independent Electoral Commission is made up of seven members. The chairperson is Supreme Court Justice Marie Baker, who was nominated by the Chief Justice.
There are four ordinary members of the Commission who were appointed following an open competition run by the Public Appointments Service. They are:
Alex Atwood
John Curran
Professor Caroline Fennell
Maura Quinn
There are also two ex-officio members:
Ger Deering, Ombudsman.
Peter Finnegan, Clerk of the Dáil.
They are supported in their work by an Executive which is headed by CEO Art O’Leary.
Who funds the Electoral Commission?
An Coimisiún Toghcháin, the Electoral Commission is an independent public body so we are not under any Government Department or Minister. We are publicly funded through our own independent Vote (Vote 23) and are directly accountable to the Oireachtas with our CEO as our Accounting Officer.
What are the rules on postering at referendums?
The Electoral Commission has no role in relation to posters erected during a referendum.
There are rules governing posters and leaflets, and other forms of advertising, during an election campaign. Local authorities have powers to remove posters where it is in the public interest to do so.
Does the Electoral Commission make a report after each referendum?
Yes – we have a role, soon after the completion of our referendum functions, and no later than 6 months after, to prepare and submit our written report to the Joint Oireachtas Committee on the referendum.
Information on the Referendums on Family and Care
What does “durable relationship” mean in the context of the proposed wording of the Family amendment?
The Electoral Commission’s functions under the Electoral Reform Act 2022 (“the 2022 Act”).
The Commission’s functions include the following in section 31 of the 2022 Act:
– to prepare a statement or statements containing a general explanation of the subject matter of the proposal for the referendum concerned and of the text of it in the relevant Bill and any other information relating to those matters that the Commission considers appropriate; and
– that it “shall not advocate or promote a particular result at a referendum.”
The Commission has published on its website the text of the Information Booklet that is being distributed to over 2 million households in the coming weeks in connection with the Family Amendment and the Care Amendment.
In carrying out its statutory function to publish “a general explanation” of the subject matter of each of the proposals and of the text of those proposals, the Commission is conscious that it “shall not advocate or promote a particular result at a referendum”. It is therefore clear that, in providing general explanations of the proposals, the Commission must not advocate or promote a particular result.
Nor can the Commission provide any argument either for or against the proposals in a referendum: that was a function that was, at one time, expressly assigned to the Referendum Commission, and it was also later expressly repealed and removed from the Referendum Commission, and that removal was confirmed in the 2022 Act in setting out the functions of this Commission.
With regard to generalised instances of various marital and non-marital relationships, and bearing in mind the Commission’s statutory functions under the 2022 Act, it is outside its remit to provide a view as to whether generalised examples would or would not come within the proposed phrase in the Family Amendment of “the Family, whether founded on marriage or on other durable relationships”.
However, the Commission can refer to the fact that Article 41.4 of the Constitution defines marriage as being between “two persons”, and this provision provides part of the context against which the interpretation of Article 41.1, were it to be amended, would fall to be addressed. Accordingly, it is difficult to see how polygamous relationships would fall within the scope of any amended Article 41.1.
The phrase “durable relationship” is found in the 2004 EU Citizens’ Rights Directive. The phrase is similar to the concept of a “de facto relationship”, which was also the source for the provisions on “qualified cohabitants” in Part 15 of the Cohabitants Act 2010.
There is case law on the meaning of “durable relationship” under the 2004 EU Citizens’ Rights Directive, and case law on the meaning of “qualified cohabitants” under Part 15 of the Cohabitants Act 2010. It is important to point out that, if the Family Amendment is approved in the referendum, and if “durable relationships” is, as a result, inserted into Article 41, the interpretation of “durable relationship” under the 2004 EU Citizens’ Rights Directive may not necessarily be given the identical interpretation in the Constitution. Nonetheless, the case law on the 2004 EU Citizens’ Rights Directive and on “qualified cohabitants” under the 2010 Act may be regarded as providing some guidance.
The case law and the legislation have stated that a number of indicative objective and subjective factors can be taken into account in assessing whether a couple are in a “durable relationship” or are “qualified cohabitants”. These include: whether the couple are in a committed relationship; the length of the relationship; whether the couple live together in an intimate relationship, as opposed to a friendship; any shared financial arrangements between the couple; whether the couple have one or more dependent children in their care; and the degree to which the two cohabitants present themselves to others as a couple.
In its Information Booklet, the Commission has also noted that our laws are made by the Oireachtas, and that all laws must comply with the Constitution. Article 15.2 of the Constitution provides that the “sole and exclusive” power of making laws for the State is vested in the Oireachtas, and Article 15.4.1° provides that the Oireachtas must not enact any law that is in any respect repugnant to any provision of the Constitution. Since the State was founded in 1922, many Acts have been adopted setting out statutory duties and rights of members of the marital and non-marital family.
If Irish citizens were to decide to approve the proposal in the Family Amendment, the Oireachtas has the designated roles, under Article 15.2 and Article 15.4 of the Constitution, to determine whether existing Acts should remain as they currently stand, or should be amended in order to ensure that any law it has enacted is not repugnant to the Constitution. In carrying out those constitutional roles, the Oireachtas will have available to it the benefit of advice concerning the effect of the words in the Family Amendment. That advice would include how those words, or comparable words such as committed and continuing, have already been given meaning in different legislative settings and to what extent any existing legislation may require reconsideration if those words were to be included in the Constitution.
As already mentioned, one of the laws that the Oireachtas has already enacted is Part 15 of the Cohabitants Act 2010, which provides that a “qualified cohabitant” may apply for certain discretionary reliefs, including financial reliefs and property transfers, provided that the applicant satisfies certain requirements, including that they are a dependent cohabitant. Section 172(1) of the 2010 Act defines a “cohabitant” as one of 2 adults (whether of the same or the opposite sex) who live together as a couple “in an intimate and committed relationship and who are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other.”
Part 15 of the 2010 Act is therefore limited to 2 person cohabitants only. Part 15 of the Cohabitants Act 2010 demonstrates a clear legislative choice by the Oireachtas in this area, and which also enjoys a presumption of constitutionality.
Ultimately, if the Family Amendment is approved, the question of whether parties are in “a durable relationship” will depend on the facts of a given case assessed against certain objective and subjective factors which will be informed by the constitutional context and legislation such as the 2010 Act.
In addition, if the Family Amendment is approved, any “durable relationships” will also need to constitute a “natural primary and fundamental unit group of Society” and must also be a “Family”, which provides important context for the words “durable relationships”.
The Commission will, in carrying out its statutory role under the 2022 Act, keep under review the public debate and will consider, insofar as that may be required by section 31 of the 2022 Act , whether to prepare any other information relating to the subject matter and text of the proposals for the referendums.
What was the recent Supreme Court judgment that covered areas of constitutional law related to these referendums?
Some useful analysis of the current status of the constitutional Family is found in the O’Meara case. Five of the seven judges (the majority) found that Mr O’Meara and the three children of his deceased partner, with whom he had lived for 20 years before her death, was not a Family to which Article 41.1 of the Constitution referred.
Please follow the link to read a summary of this case.
Judgment of Mr. Justice O’Donnell, Chief Justice delivered on the 22nd day of January, 2024
Judgment of Mr. Justice Woulfe delivered on the 22nd day of January, 2024
Judgment of Mr. Justice Gerard Hogan delivered the 22nd day of January, 2024
What put simply does the 39th Amendment on the family propose to change?
The 39th Amendment proposes to extend the definition of “the Family” in Article 41 of the Constitution so that it would apply not only to the Family based on marriage, that is, the Family based on marriage between two people without distinction as to their sex (the current position) but also to the Family based on other durable relationships (new). It also proposes to retain the current commitment that the State will guard with special care the institution of Marriage and to protect it against attack.
Would the proposed change place the Family founded on marriage and the Family founded on other durable relationships on an equal legal footing?
The Family founded on marriage and the Family founded on other durable relationships would be given the same constitutional recognition in Article 41.1.1° and 41.1.2°, but the 39th Amendment also proposes to retain the current commitment by the State, in Article 41.3, “to guard with special care the institution of Marriage and to protect it against attack.” In the recent O’Meara case, the Supreme Court stated that, even if both marital and non-marital families came within the current definition of the Family in Article 41, it would remain permissible under the Constitution to make distinctions based on marriage. But any such distinctions would need to comply with other provisions pf the Constitution, such as the equality guarantee in Article 40.1, which was the main basis for the decision of the Supreme Court in the O’Meara case itself.
What put simply does the 40th Amendment on care propose to change in reality?
The 40th Amendment proposes to remove Article 41.2, which refers to: the importance to the common good of the life of women within the home; and that the State shall endeavour to ensure that mothers should not have to go out to work to the neglect of their “duties in the home”. The 40th Amendment proposes, instead, to insert a new Article 42B, which would recognise the importance to the common good of the care provided by all family members to each other. The State would have to “strive to support” the provision of such care within families.
The State would, under the proposed new wording, be committed to “strive” to support the provision of care by families. What does this mean?
The precise nature of the proposed duty on the State in the 40th Amendment to “strive” to support the provision of care by families would be largely a matter, in the first place, for legislation enacted by the Oireachtas. Whether such legislation complies with the proposed new obligation on the State could then become a matter to be considered by the courts.
Would this proposed wording reduce the Government’s responsibilities on care – would there be any tangible benefit for those providing care within families if this wording is passed?
The proposal in the 40th Amendment does not confer a general right to a tangible care benefit for family members providing care within families, nor does it reduce the responsibilities of the State, operating through the Government and the Oireachtas, concerning the provision of care supports. If the 40th Amendment were to be approved in the referendum, the issue is likely to arise, in the first place, in legislation being considered in the Oireachtas. Whether any enacted legislation complies with the proposed new obligation on the State could then become a matter to be considered by the courts.
The proposed new wording would define care by reference to the family – would this impact on who is recognised under the Constitution as providing care?
The current wording in Article 41.2 of the Constitution refers to the life of women and duties of mothers within the home. The 40th Amendment Bill proposes that the Constitution would recognise that any and all family members may be providers of care.
Would the proposal to delete the text in Article 41 about the life of women and duties of mothers in the home mean that there would be no constitutional recognition of the contribution women make in the home?
The 40th Amendment proposes to remove Article 41.2, which refers to the life of women and duties of mothers in the home. The proposed new Article 42B would recognise that any and all family members may be providers of care within the family.
The Role of Referendums
What is a referendum?
There are two types of referendum in Ireland – a constitutional referendum and an ordinary referendum.
The government must hold a constitutional referendum if it wishes to change something in the Irish Constitution (Bunreacht the hÉireann – Irish Statute Book).
See more information on previous referendums in Ireland.
The referendums that are being held on Friday 8 March, 2024 – The Family Amendment referendum and The Care Amendment referendum – are constitutional referendums.
You can read more information in our referendums explained section.
What am I being asked to decide on?
On Friday 8 March 2024 all Irish citizens who are aged 18 years or over, are ordinarily resident in Ireland, and are on the Register of Electors will be asked to decide whether changes should be made to Article 41 of the Constitution of Ireland (Bunreacht na hÉireann – Irish Statute Book).
Read the full explanation of what you are being asked to decide on.
Why are there referendums taking place now?
On 7 December 2023, the Government approved the publication of the Thirty-Ninth Amendment to the Constitution (The Family) Bill 2023, and the Fortieth Amendment to the Constitution (Care) Bill 2023. These Bills propose changes to Article 41.1 and Article 41.2 of the Constitution (Irish Statute Book).
The Government wishes to amend the Constitution to provide for a wider concept of family, and to replace text that refers to role of women in the home with text that refers to the role of carers.
The decision as to whether these amendments can be made will be decided through two referendums, which will take place on Friday 8 March 2024.
Referendums or referenda?
Every time there’s a referendum the question comes up – is ‘referendums’ or ‘referenda’ the plural for referendum?
Either form of the plural is acceptable according to The New Oxford Dictionary for Writers and Editors (2014).
As the Electoral Commission we prefer to use ‘referendums’ as per the Cambridge English Dictionary entry, which says:
Referendum – noun plural referendums or formal referenda UK/ˌref.əˈren.də/ US/ˌref.əˈren.də/ (formal plebiscite) – a vote in which all the people in a country or an area are asked to give their opinion about or decide an important political or social question.
Voting in Referendums
Who can vote in these referendums?
Different criteria apply as to who can vote in different electoral events, such as General Elections, Local Elections, Presidential Elections and Referendums.
To be eligible to vote in the referendums:
– You must be an Irish citizen
– You must be at least 18 years old and ordinarily resident in Ireland
– Your name must be on the Register of Electors
If you are an Irish citizen living abroad you cannot be entered on the Register of Electors. This means that you cannot vote in an election or referendum here in Ireland. The only exceptions to this are Irish diplomats and their spouses, who are on duty abroad and members of the Irish Defence Forces or of the Gardaí Síochána who may be serving overseas and may cast their vote by post.
Read more information by visiting our voter eligibility page.
Am I registered to vote?
You must be on the Register of Electors to cast your vote on polling day (8 March, 2024).
You can check whether you are on the Register of Electors at checktheregister.ie or by contacting your local authority. Please see Local Authority contact list below.
Even if you think that you are registered to vote, you should look on Check the Register to make sure that your details, including your address, are correct and up to date. Your polling card will be sent to the address that you have recorded on the Register of Electors so you should check if you have changed address recently.
The deadline for online registration to vote in the referendums is 20 February, 2024.
The deadline for receipt of applications for a postal vote for the referendums is 12 February, 2024.
If your application to register is received after these dates it will be processed by your local authority after the holding the referendums. You will not be eligible to vote in the referendums if your application is late.
Are my details up to date on the electoral register?
You can check if your details (e.g. address, Eircode, PPSN, date of birth) are correct on the electoral register at Check the Register or by contacting your local authority. Please see Local Authority contact list below.
Where can I vote?
Your designated polling station will be on your polling information card. Your polling information card should be sent to you in the post before polling day. It will be sent to the address that you have registered on the Register of Electors.
If you do not receive a polling card, you can check your designated polling station at www.checktheregister.ie or by checking the relevant Returning Officer website for your county. You can only vote in your designated polling station.
Can I get a postal vote?
Postal voting is provided for in respect of certain categories of person as specified in electoral law.
These include:
– Members of An Garda Síochána
– Members of the Defence Forces
– Irish diplomats serving abroad and their spouses/partners
– Those who are unable to vote in person at their local polling station because of an illness or disability
– Electors whose occupation, service or employment makes it likely that they will be unable to vote in person on polling day
– Full-time students registered at their home who are living elsewhere while attending an educational institution in the State
– Anonymous Electors or members of the household of the person whose safety would be at risk if their name and address were published on the register of electors
– Prisoners
The relevant forms to apply for a postal vote are available from Check the Register or your Local Authority. Please see Local Authority contact list below.
Your completed form can be returned to your Local Authority at any time. However, in order to be eligible for a postal vote in the referendums taking place on 8 March 2024, your form must be received by your Local Authority no later than 12 February, 2024. If your form is received by your Local Authority after this date, you will not receive a postal vote at the forthcoming referendums.
Read more information about postal voting on our accessible voting page.
How do I vote by post?
Once you have submitted the relevant form and documentation, you will receive a set of voting documents comprising:
– ballot papers;
– receipt for the ballot papers;
– an envelope in which to put the marked ballot papers; and
– a larger envelope for sending back the voting documents to the relevant Returning Officer.
To vote:
– You should indicate your preference by marking X in either the “Yes” or “No” box on the ballot paper;
– Put your marked ballot paper into the envelope marked “Ballot Paper Envelope” and seal it;
– Put this envelope together with the completed receipt for the ballot paper into the large envelope addressed to the Returning Officer, seal it and post it at once;
– The ballot paper must be posted and cannot be handed to the Returning Officer.
Can I apply to be registered as a Special Voter?
A person residing in a hospital, nursing home, mental health facility or similar institution, who has a disability or illness which prevents them from going to the polling station, can vote at the hospital, nursing home or similar facility if they apply to be included in the special voters list which is prepared and maintained by registration authorities (city and county councils) as part of the register of electors.
In the case of a first application, and whenever required by the registration authorities in the case of a subsequent application, it must be accompanied by a certificate from a registered medical practitioner (such as a GP).
If you wish to register as a special voter, you should do so completing form SV1, which is available on www.checktheregister.ie or from your Local Authority. Please see Local Authority contact list below.
Your completed form can be returned to your Local Authority at any time, but in order to be eligible for a special vote in the referendums taking place on 8 March, your form must be received by your Local Authority no later than 12 February, 2024. If your form is received by your Local Authority after this date, you will not receive a special vote.
How do I cast my vote if I am registered as a Special Voter?
At an election or referendum, you will be notified of the day and approximate time (am/pm) when a special Presiding Officer will call at the hospital, nursing home, mental health facility or similar institution.
The special Presiding Officer will carry evidence of identity and an appointment warrant which they will present to you for inspection on arrival. The special Presiding Officer will be accompanied by a Garda whose role is to guard the ballot papers (in the same way as in a polling station) and to act as an independent witness to ensure that the voting procedure is carried out properly.
Only the Presiding Officer and the Garda may be present when the vote is cast. The Presiding Officer will give you a declaration of identity which they will witness.
You will then mark the ballot paper in secret, place it in the special envelope provided, close the envelope and give it to the Presiding Officer.
If assistance in voting is required, it will be provided by the special Presiding Officer in the same way as at a polling station.
In the exceptional event that the hospital, nursing home, mental health facility or similar institution of the special voter is not accessible to the special Presiding Officer, the Returning Officer can apply special voting procedures such as issuing a postal vote to the special voters affected.
How can I contact my Local Authority?
Why have I not yet received my polling information card?
Polling information cards are currently being delivered to electors – over 3.3million will be delivered in advance of polling day.
I don’t have a polling information card. Can I still vote?
In order to vote in a referendum you must fulfil the following criteria:
– You must be an Irish citizen
– You must be at least 18 years old and ordinarily resident in Ireland
– Your name must be on the Register of Electors
If you fulfil these criteria, but do not have your polling information card, you can still vote. You should bring a valid form of personal identification to the polling station.
You can check your designated polling station by looking up your details on www.checktheregister.ie or by checking the relevant Returning Officer website for your county. You can only vote in your designated polling station.
I will be out of the country on polling day. Can I vote?
You must cast your vote in your designated polling station on polling day – Friday, 8 March, unless you have applied for a postal vote or a special vote.
Can I still register to vote or change my details on the electoral register in time for the Family and Care referendums?
The deadline for registering to vote or changing your details on the register of electors in time for voting in the Family and Care Referendums was 20 February. This deadline has now passed. No changes can now be made to the register of electors for the Family and Care referendums, taking place on 8 March.
If you want to register to vote or change your details on the register of electors for future electoral events, applications can be submitted via www.checktheregister.ie to your local authority but these will not be considered until after 8 March. If you live in Dublin, applications for entry to the Register of Electors will re-open on 9 March.
