Electoral Commission - An Coimisiún Toghcháin

The Programme for Government provides for the establishment of a statutory, independent electoral commission. The Electoral Reform Act 2022, which was enacted in July 2022, gives effect to this commitment, providing the legislative basis for the Electoral Commission – entitled An Coimisiún Toghcháin. It will be established in early 2023.

As a dedicated and specialised body, the An Coimisiún Toghcháin will bring about a more cohesive and efficient administration of existing electoral functions. These include:

• the registration of political parties and the maintenance of the Register of Political Parties (currently carried out by the Clerk of the Dáil)
• the functions currently carried out by Referendum Commissions (explaining the subject matter of referendums, promotion of public awareness of same and encouragement of the electorate to vote)
• the functions currently carried out by Constituency Commissions (making reports in relation to the constituencies for the election of members to the Dáil and the European Parliament)
• the functions currently carried out by Local Electoral Area Boundary Committees (making reports in relation to local electoral boundaries).

An Coimisiún will also take on new functions, including:

• the regulation of online political advertising around electoral events to ensure transparency
• safeguarding the integrity of our electoral and democratic processes against the dissemination or publication of online disinformation, online misinformation and manipulative or inauthentic behaviour online
• a new research and advisory role, conducting research on electoral policy and procedure and making recommendations to the Minister for Housing, Local Government and Heritage
• conducting reviews of how electoral events were conducted
• oversight of the modernised electoral register.

An Coimisiún’s membership consists of seven members, comprising:

• a Chairperson who is a serving or retired senior court judge nominated by the Chief Justice
• two ex officio members (the Clerk of the Dáil and the Ombudsman)
• four ordinary members.

The ordinary members are selected via a public selection process run by the Public Appointments Service. They are appointed by the President on the Government’s recommendation, and subject to the passing of supporting resolutions for their appointment from both Houses of the Oireachtas. The Chairperson is also appointed by the President, following the nomination from the Chief Justice.

An Coimisiún Toghcháin will be led by a Chief Executive, appointed by the Government following a public, independent selection process run by PAS, will be responsible for implementing the policies and decisions of An Coimisiún Toghcháin, and managing its administration and business. The Chief Executive will not be a member of An Coimisiún’s Board, but may attend all meetings and will be entitled to speak and give advice at such meetings.