Dana (Mrs Rosemary Scallon) may have to be re-nominated as a presidential candidate by all five of the county councils which endorsed her because of flaws in the original procedures.
Under the Presidential Election Act of 1937 three clear days' notice must be given to councillors that a named person will be proposed to contest a presidential vacancy.
But Mrs Mary Robinson, the outgoing president, vacated the office on Friday, September 12th, and the council nominations were made on Monday, September 15th, which did not provide the three clear days, following the vacancy, as specified in the Act.
Dana's legal advisers will meet the presidential returning officer in Dublin this morning to discuss the matter.
A spokesman said the necessary procedures would then be put in train to ensure a legal nomination before nominations closed on September 30th.
Dana created something of a sensation last week when she was nominated by Donegal, Wicklow, Longford, Kerry and Tipperary North Riding County Councils to contest the Presidency.
She received support from independent councillors, as well as from representatives of Fianna Fail, Fine Gael and the Labour Party.
Now that party candidates are formally in the race, however, the position has changed.
Fianna Fail head office will not impose a whip on those councils which have already nominated Dana, but it will attempt to prevent her endorsement - or the nomination of Mr Derek Nally - by other county councils.
The general secretary of Fianna Fail, Mr Pat Farrell, said the situation had changed significantly since last week, now that the party had its own candidate in Prof Mary McAleese.
The party was not going to ask those councillors who had already voted in favour of Dana to dishonour their commitments. But, he said, "we are not going to allow other councillors a free vote. A whip will go on in all other councils."
Fine Gael will retain the party whip it imposed last month, now that Ms Mary Banotti has been selected. And Labour Party councillors will be expected to support Ms Adi Roche.
In these new circumstances, where the main political parties have selected their candidates, it is possible that Dana could fail to be re-nominated. Councillors who abstained, or voted in favour of her in the absence of a party candidate, might change their minds.
The more likely development, however, is that party whips will continue to be ignored. Last night it appeared that Dun Laoghaire/Rathdown council would join the revolt against head office instructions and nominate Dana.
The Fianna Fail whip on the council, Mr Tony Fox, said he proposed to made no rules about the matter. ail councillors have signed the motion calling for Dana's nomination.
Nominations are also due to be considered by councils in Kildare and North Tipperary.
The Press Association reported last night that Dana is to extend her campaign for the presidency to Britain and the US. Trailing badly in the opinion polls and in the betting there are now plans to follow up a London appearance on the Richard and Judy TV show tomorrow with a fund-raising American tour.