Overview: Gavin remains on the ballot
Jim Gavin will appear on the presidential ballot paper for the vote scheduled on Friday, 24 October, even though he withdrew from the race. The unusual situation means that ballots may include Gavin’s name and votes for him will be treated the same as for the other two candidates, following the withdrawal announcement he made with immediate effect late on Sunday.
Why Gavin cannot be retracted from the ballot
The Department of Housing and Local Government, which oversees electoral laws in Ireland, confirmed the decision after consulting with the Attorney General. Because the nomination process closed on 24 September, standard electoral rules do not provide a straightforward mechanism to remove a candidate who has already been formally listed on the ballot. This has led to discussions about whether Section 164 of the 1992 Electoral Act could be invoked in extreme circumstances to alter the ballot, a move described as rarely used and potentially disruptive to other votes already issued or in progress.
Legal complexities and practical concerns
Several factors complicate any change. If Gavin were removed, nearly 15,000 postal ballots—sent to students abroad, workers overseas on voting day, and some voters with disabilities—could become invalid or require replacement, risking legal challenges. Given these potential knock-on effects, Irish authorities opted for a cautious approach and maintained Gavin’s place on the ballot.
The electoral consequences
A vote for Gavin on 24 October will be counted as a standard vote for him. If he transfers to other candidates as part of the normal preferential system, those transfers will proceed according to the usual rules. In a hypothetical outcome where Gavin wins the presidency despite the withdrawal, constitutional provisions would still determine the next steps, including the possibility of a new presidential election if he declines the office.
Party response and accountability
Fianna Fáil has said it first raised questions about a possible tenant dispute on 8 September, following a report from the Irish Independent. The party asserted that Gavin had repeatedly assured them there was no such dispute, with a change in detail becoming apparent only after new information surfaced from the affected tenant. Fianna Fáil leader Micheál Martin described a “very comprehensive due diligence” process and acknowledged the issue’s seriousness, noting Gavin’s assurances had not held up to later scrutiny.
Reactions from party and observers
Party figures have called for a broader review of the nomination process to ensure candidates’ backgrounds are thoroughly vetted in the future. Some voices within Fianna Fáil and across other parties argued for more inclusive selection processes to better vet candidates before official nominations close. observers say the Gavin case highlights the tension between legal formalities and political accountability in a fast-moving electoral landscape.
What happens next
As the legal and electoral authorities have settled on Gavin remaining on the ballot, voters will decide whether to support him as a candidate, transfer preferences to others, or abstain. The outcome will inform debates about governance, candidate vetting, and the integrity of the electoral process in Ireland.
