The ballot paper for Ireland’s presidential election is unlawful – and gives an unfair advantage to Fine Gael and Fianna Fáil’s candidates. The Ditch will challenge this in the High Court if necessary. Here's the letter we've sent the presidential returning officer.
Re: Presidential election 2025
A chara,
The presidential returning officer’s sample ballot paper for Ireland’s presidential election is unlawful – and gives an unfair advantage to Fine Gael and Fianna Fáil’s candidates.
This ballot you’ve circulated includes Fine Gael’s Heather Humphreys’s previous occupation. It lists Fianna Fáil’s Jim Gavin’s previous occupation and employer. Independent Catherine Connolly’s section lists only her current occupation.
These biographical inclusions for Humphreys and Gavin are to be imposed on the electorate at the moment they cast their votes – it’s unlawful and confers undue advantage on both. Humphreys isn’t a government minister. Gavin isn’t employed by the Defence Forces.
And the legislation is clear.
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 “object to the description” of a nominated candidate that is “incorrect” and “amend or delete it”.
A senior civil servant with experience working at the highest levels of government, the returning officer didn’t do this.
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’t made with the presidential election ballot – and why these small, but significant, advantages were granted to Fine Gael and Fianna Fáil’s candidates.
The presidential returning officer needs to confirm that these details will be deleted from the ballot.
If you fail to do so by Tuesday, The Ditch will attend the High Court to challenge your failure.
Background
We have viewed the document you published on presidentialelection.ie: a sample ballot paper for the 24 October 2025 presidential election.
The Ditch understands that though this ballot paper is described as a “sample”, its featured information will appear on the ballot papers provided to the electorate on polling day.
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).
Issues
- Section 37(2)(b) of the Presidential Elections Act 1993 [“the Act”] 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’s 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 “descriptions” 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 “Former Commandant” (his former occupation) and “Óglaigh na hÉireann” (his former employer).
- In respect of candidate Heather Humphreys, the sample ballot paper contains the words “Former Government Minister and Credit Union Manager” (her former occupations).
Demand
The inclusion of candidates’ former occupations and employers on the sample ballot paper is clearly ultra vires Section 37 of the Act.
In light of the foregoing, we call upon you to confirm by close of business, Tuesday, 7 October, 2025, that the words “Former Commandant”, “Óglaigh na hÉireann” and “Former Government Minister and Credit Union Manager” will not be contained in the ballot papers printed, procured and supplied under Section 37(3) of the Act.
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.
Is mise le meas,
______________________
Ditch Media Ltd
