Defeated candidates may challenge election results

Defeated Dáil and Senate candidates are likely to consider legal challenges in some constituencies following today's Supreme Court upholding of a ruling that election-spending limits unfairly discriminate in favour of outgoing members of the Oireachtas.

The ruling means TDs and Senators now have 21 days to submit certified election expenses to the Standards in Public Office Commission and must include benefit of free Oireachtas services such as offices, secretarial services, phones, and free post. The value of these facilities has been estimated at up to €5,000 per candidate.

TDs, Senators and their election agents will have to establish the extent of Oireachtas services used from when the Dáil was dissolved on April 24th up to polling day on May 17th.

The spending limits range from between €25,394 and €38,092, depending on the size of their constituencies. Election agents must submit a signed report of expenses by December 20th. All spending over €127 must be accompanied by a receipt.

When these have been verified by the commission they will be published. The election expenses are then open to challenge if an individual has a proven case of unstated expenses.

Breaching the spending limits is a criminal offence. In the event of a proven overspend, the Commission may submit a file to the Director of Public Prosecutions. The maximum fine for this offence is €1,270.

The seat of a TD or Senator found to have overspent during the recent General Election campaign would also be open to a legal challenge in the High Court.

The most likely challengers are failed candidates defeated by a handful of votes such as in Cork South Central where Ms Kathy Sinnott narrowly lost out to Mr Fianna Fáil's Mr John Dennehy, or in Wicklow where Labour's Mr Nicky Kelly was 19 votes behind re-elected Independent TD Ms Mildred Fox.

The Court would have to rule whether the extent of the overspend contributed to the successful candidate's victory.

TDs whose election spending was found to exceed the limits could claim that they conducted their election campaign under the existing legislation.

High Court Judge Mr Justice Liam M Kechnie made his ruling on election expenses on May 16th, the day before voting.

In a statement following the ruling, the Minister for the Environment, Mr Cullen, who was taking the case on behalf of the State, said he was awaiting the advice of the Attorney General in relation to any further necessary action.