What remedies are available in the first instance?

Ireland

Ireland

Answer
  • Total recount of results
  • Partial recount of results
  • Annulment of results / Cancellation of elections
  • Re-run the election
  • Partial annulment of results / Partial cancellation of elections
Source

Recountof votes requested by candidate or election agent of a candidate:

http://www.irishstatutebook.ie/1992/en/act/pub/0023/print.html#sec21

The Electoral Act 1992

PART XIX

Rules for the Counting of the Votes

125.—(1) Any candidate or the election agentof a candidate may, at the conclusion of any count, request the returningofficer to re-examine and recount all or any of the papers dealt with duringthat count, and the returning officer shall re-examine and recount such papersaccordingly without making any alterations in the arrangement of the papers inthe various parcels, save where such alterations may be necessary inconsequence of any error discovered in the recount. Nothing in this subsectionshall make it obligatory on the returning officer to re-examine or recount thesame parcel of papers more than once.

(4) Where an error is discovered, thereturning officer shall, where necessary, amend any results previouslyannounced by him.

http://www.irishstatutebook.ie/1992/en/act/pub/0023/print.html#sec21

The Electoral Act 1992

PART XXI

D?il Election Petitions

132.— (7) At the trial of a petition the HighCourt shall determine the matter at issue in the petition and, if it does notdismiss the petition, shall, where appropriate, include in its orderdetermining the matter at issue either—

(a) a declaration of the correctresult of the election concerned, or

(b) if it considers that it isunable to determine the correct result of the election, a declaration that theelection or a specified part thereof was void together with a statement of itsreasons for making the declaration.

(8) Where the court declares that thewhole or any part of a D?il election was void, a fresh election shall be heldin accordance with the provisions of this Act to fill the resulting vacancy orvacancies in the D?il and the poll at the fresh election shall be taken on suchday, being a day within the period of three months beginning on the date of thecourt's order, as the Minister by order appoints; provided that it shall not beobligatory under this subsection to hold a fresh election if a general electionotherwise is due to be held in the State within the period of six months nextfollowing the said date.

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