Voting Twice in an Election - legal implications?

Eglinton

Hi,

During a conversation on modern democracy and free elections, a colleague and I were wondering about the repercussions if one was to vote twice in the same election in Ireland (e.g. registered in two constituencies, or using a postal vote as well as regular polling card).

While it appears to be illegal could anyone point me in the direction of the legal reference or statutory instrument outlining the details?

Also, how could authorities identify where such a fraud has taken place? It doesn't appear to be very easy given the staff at polling centres just seem to draw a line through someone's name when they turn up to vote.

amen

everyone should be required to have their thumb/finger marked with ink when they vote.

dan_d

Funny you should bring that up.Myself, my OH, and numerous of our aquaintances have received 2 polling cards, both for this election, and the Lisbon referendum. We moved house a few years ago....we both still get cards to our parent's addresses and our new address, as do many of our friends. There's nothing to stop any of us voting twice. Furthermore, I've no idea how to change this - we registered in our new address nearly 3 years ago (more in the case of some friends),...what else are we meant to do?Particularly since in my case, my home address is 5 minutes down the road, in the same constituency.

It's a bit weird.Plus it calls into question the 70% turnout...was it actually higher if a large number of people are registered in 2 places??!

Rabble Rabble

dan_d wrote: »

It's a bit weird.Plus it calls into question the 70% turnout...was it actually higher if a large number of people are registered in 2 places??!

That's certainly the case.

ISAW

Eglinton wrote: »

Hi,

During a conversation on modern democracy and free elections, a colleague and I were wondering about the repercussions if one was to vote twice in the same election in Ireland (e.g. registered in two constituencies, or using a postal vote as well as regular polling card).

While it appears to be illegal could anyone point me in the direction of the legal reference or statutory instrument outlining the details?

for the Uk
37 & 38 Vict. c. 36


False Personation Act 1874

Repealed in Ireland under http://www.irishstatutebook.ie/2005/en/act/pub/0032/print.html

you will find much of what you want in the 1992 electoral Act
http://www.irishstatutebook.ie/1992/en/act/pub/0023/index.html

Section 134

Also, how could authorities identify where such a fraud has taken place? It doesn't appear to be very easy given the staff at polling centres just seem to draw a line through someone's name when they turn up to vote.

Well that would be telling you wouldn't it?

ISAW

dan_d wrote: »

It's a bit weird.Plus it calls into question the 70% turnout...was it actually higher if a large number of people are registered in 2 places??!

Not alone that but the supplementary voters who get postal votes are added and then crossed off their home register.

Eglinton

So, it does appear that the act of voting twice either by getting two polling cards in the same or different constituency and voting both in person and by postal vote are all explicitly forbidden by law. Good to see.

Precise section here:
http://www.irishstatutebook.ie/1992/en/act/pub/0023/sec0134.html#sec134

And there are indeed penalties for doing so.
http://www.irishstatutebook.ie/1992/en/act/pub/0023/sec0157.html#sec157

However, I still don't see how the authorities can link the two together which is rather worring given the sorry state of the electoral register. It seems perfectly plausible that many people can and probably do vote more than once. This can make the difference in who gets elected and frankly makes a mockery of democracy.

Does anyone know of any instances where someone has been prosecuted for vote fraud in Ireland?

Raging_Ninja

At polling stations a notice is put up stating that there are severe penalties for electoral fraud, from heavy fines to prison.

Beyond that, I don't know.

ISAW

Eglinton wrote: »

Does anyone know of any instances where someone has been prosecuted for vote fraud in Ireland?

A solicitor pal of charlie Haughey voted twice I think in Malahide area. This was before the 1992 act. He was charged with personation but his name was I think in Irish on one register and in English on the other and he had not claimed he was impersonating anyone (nor was he) so he got away with it. The 1992 changes rtuled out voting twice under the same name or a derivative. In fact if someone is sworn they have to say they didn't vote in the election before.