{"id":59576,"date":"2025-10-03T16:49:11","date_gmt":"2025-10-03T16:49:11","guid":{"rendered":"https:\/\/www.newsbeep.com\/ie\/59576\/"},"modified":"2025-10-03T16:49:11","modified_gmt":"2025-10-03T16:49:11","slug":"unlawful-election-ballot-gives-fg-ff-undue-advantage","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ie\/59576\/","title":{"rendered":"Unlawful election ballot gives FG, FF undue advantage"},"content":{"rendered":"<p>The ballot paper for Ireland\u2019s presidential election is unlawful \u2013 and gives an unfair advantage to Fine Gael and Fianna F\u00e1il\u2019s candidates. The Ditch will challenge this in the High Court if necessary. Here&#8217;s the letter we&#8217;ve sent the presidential returning officer.<\/p>\n<p>Re: Presidential election 2025<\/p>\n<p>A chara,<\/p>\n<p>The presidential returning officer\u2019s sample ballot paper for Ireland\u2019s presidential election is unlawful \u2013 and gives an unfair advantage to Fine Gael and Fianna F\u00e1il\u2019s candidates.\u00a0<\/p>\n<p>This ballot you\u2019ve circulated includes Fine Gael\u2019s Heather Humphreys\u2019s previous occupation. It lists Fianna F\u00e1il\u2019s Jim Gavin\u2019s previous occupation and employer. Independent Catherine Connolly\u2019s section lists only her current occupation.\u00a0\u00a0\u00a0<\/p>\n<p>These biographical inclusions for Humphreys and Gavin are to be imposed on the electorate at the moment they cast their votes \u2013 it\u2019s unlawful and confers undue advantage on both. Humphreys isn\u2019t a government minister. Gavin isn\u2019t employed by the Defence Forces.\u00a0<\/p>\n<p>And the legislation is clear.\u00a0<\/p>\n<p>The presidential returning officer is responsible for ensuring all information included on the ballot is legal. Furthermore, he is required, under the Presidential Elections Act 1993, to \u201cobject to the description\u201d of a nominated candidate that is \u201cincorrect\u201d and \u201camend or delete it\u201d.<\/p>\n<p>A senior civil servant with experience working at the highest levels of government, the returning officer didn\u2019t do this.\u00a0<\/p>\n<p>At a time of distrust of electoral and political systems, it is essential that every possible effort is taken to maintain public faith. The Ditch questions why small, legally required efforts weren\u2019t made with the presidential election ballot \u2013 and why these small, but significant, advantages were granted to Fine Gael and Fianna F\u00e1il\u2019s candidates.<\/p>\n<p>The presidential returning officer needs to confirm that these details will be deleted from the ballot.\u00a0<\/p>\n<p>If you fail to do so by Tuesday, The Ditch will attend the High Court to challenge your failure.\u00a0<\/p>\n<p>Background\u00a0<\/p>\n<p>We have viewed the document you published on <a href=\"http:\/\/presidentialelection.ie\/?ref=ontheditch.com\" rel=\"nofollow noopener\" target=\"_blank\">presidentialelection.ie<\/a>: a sample ballot paper for the 24 October 2025 presidential election.<\/p>\n<p>The Ditch understands that though this ballot paper is described as a \u201csample\u201d, its featured information will appear on the ballot papers provided to the electorate on polling day.<\/p>\n<p>We say, for reasons set forth below, the proposed ballot paper is unlawful and ultra vires Section 37 of the Presidential Elections Act, 1993 (as amended).<\/p>\n<p>IssuesSection 37(2)(b) of the Presidential Elections Act 1993 [\u201cthe Act\u201d] provides that a ballot paper shall contain the surname, name, address and occupation (if any) of a candidate. Section 37(2)(aa) of the Act empowers the Minister to make regulations providing for the inclusion of a candidate\u2019s photograph (power exercised under the Presidential Elections (Forms) Regulations 2011 and Presidential Elections (Forms) (Amendment) Regulations 2018).It is clear from the format of the prescribed forms contained in the schedule of the Presidential Elections (Forms) (Amendment) Regulations 2018 that the expression \u201cdescriptions\u201d referred to in Section 37(2)(a) of the Act means only the address and occupation (if any) of a candidate.Section 37(2)(f) of the Act provides that no details shall appear on a ballot paper apart from those permitted under that provision and the modifications allowed by regulations made under Section 37(2)(aa) of the Act.In respect of candidate Jim Gavin, the sample ballot paper contains the words \u201cFormer Commandant\u201d (his former occupation) and \u201c\u00d3glaigh na h\u00c9ireann\u201d (his former employer).\u00a0In respect of candidate Heather Humphreys, the sample ballot paper contains the words \u201cFormer Government Minister and Credit Union Manager\u201d (her former occupations).<\/p>\n<p>Demand\u00a0<\/p>\n<p>The inclusion of candidates\u2019 former occupations and employers on the sample ballot paper is clearly ultra vires Section 37 of the Act.\u00a0<\/p>\n<p>In light of the foregoing, we call upon you to confirm by close of business, Tuesday, 7 October, 2025, that the words \u201cFormer Commandant\u201d, \u201c\u00d3glaigh na h\u00c9ireann\u201d and \u201cFormer Government Minister and Credit Union Manager\u201d will not be contained in the ballot papers printed, procured and supplied under Section 37(3) of the Act.<\/p>\n<p>If you fail to comply with the above, we will attend the High Court at the earliest opportunity thereafter to seek leave for judicial review. Please note that this letter will be used to fix you with the costs of any such legal proceedings.<\/p>\n<p>Is mise le meas,<\/p>\n<p>______________________<\/p>\n<p>Ditch Media Ltd<\/p>\n","protected":false},"excerpt":{"rendered":"The ballot paper for Ireland\u2019s presidential election is unlawful \u2013 and gives an unfair advantage to Fine Gael&hellip;\n","protected":false},"author":2,"featured_media":59577,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[42,43,40,38,41,39],"class_list":["post-59576","post","type-post","status-publish","format-standard","has-post-thumbnail","category-headlines","tag-headlines","tag-news","tag-top-news","tag-top-stories","tag-topnews","tag-topstories"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/59576","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/comments?post=59576"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/59576\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media\/59577"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media?parent=59576"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/categories?post=59576"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/tags?post=59576"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}