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Erection of Posters: General Election, 2011
What is the legal position in respect of the 2011 General Election?
On foot of the Taoíseach's announcement that a general election would be held on Friday, 11th March, Limerick City Council had confirmed that the earliest date for putting up election posters would be Wednesday, 9th February in accordance with the legislation referred to hereunder.
Current indications are that polling will take place earlier, possibly on Friday, 25th February.
The thirty day 'window' in respect of poster erection, would therefore commence on Wednesday, 26th January.
However, it is illegal to erect election posters before the date on which the order for the holding of the election, is signed.
Election/Referendum Posters and the Electoral (Amendment) Act, 2009:
Candidates and activists are advised that Section 19(7) of the Litter Pollution Act, 1997 which regulates this activity was amended under Section 9 of the Electoral (Amendment) Act, 2009.
Section 9 of the Electoral (Amendment) Act, 2009 provides for the amendment of Section 19(7) of the original Litter Pollution Act under which there was no advance time limit for the erection of such posters.
Under the amended Section 19(7) of the Litter Pollution Act, 1997, a new time limit was introduced i.e. either from the date of the signing of an order, by the Minister for the Environment, for the holding of a poll or thirty days prior to the polling date, whichever is the later date.
For example, if a non-referendum poll is due to take place on 31st August, then no poster may be erected before the 1st of August regardless of whether or not an order has been signed. However, if the Minister for the Environment signs the relevant order on, say, 5th August then no poster should have been erected prior to that date.
If a referendum poll is due to take place on 31st August, then no poster should be erected before 1st August.
For referendum posters however, the thirty day limit applies, regardless of whether or not an order has been made.
(20110125 pog)
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