Under the Constitution a citizen who has reached the age of 21 years who complies with the electoral law and who is not otherwise disqualified has the right to vote at an election for members of Dáil Eireann. Under Section 25 of the Parliamentary Elections (Ireland) Act of 1823, the section which it is proposed to repeal by Section 3 of this Bill, a person who has not attained the age of 21 years is declared not to be entitled to vote at a Parliamentary election. While this is the position under the Parliamentary Elections Act, and while Section 4 of the Prevention of Electoral Abuses Act of 1923 declares that nothing in that Act confers any right to vote on any person who is otherwise not so entitled, the presiding officer at a Dáil election is not permitted to query the age of a person whose name appears on the register even though he has no doubt that the person in question is under the age of 21 years, and consequently is not qualified to vote. This Bill is designed to clear up that anomalous position, and, accordingly, Section 2 of the measure authorises the presiding officer to put to a person tendering a vote the question: "Have you attained the age of 21 years?"
Unless the answer is affirmative, the person concerned will not receive a ballot paper. It is not, of course, proposed to abolish the existing provision whereby persons under the age of 21 years are not entitled to vote. It will be noted, however, that the provision in question is enshrined in a statute over 100 years old. It is felt that it would be generally convenient if the need to refer so far back for a statement of the law on this very important matter were obviated and, accordingly, Section 1 of the present measure imposes the provision afresh, while Section 3 repeals the corresponding section in the earlier statute.
