Jim Gavin Could Still Be Elected President of Ireland – What Now?

UPDATE: Despite withdrawing his candidacy, Jim Gavin of Fianna Fáil could still be elected President of Ireland in the upcoming election on October 24, 2023. New reports confirm that Gavin’s name will remain on the ballot due to the stipulations of the Presidential Elections Act 1993, which prevents him from officially withdrawing after the nomination ruling on September 24.

This unexpected twist means voters can still choose Gavin as their first preference candidate, even though he is no longer actively campaigning. Authorities emphasize that if he unexpectedly secures a majority under the single transferable vote system, he could be declared President, raising significant questions about the legitimacy of his candidacy.

If Heather Humphreys (Fine Gael) or Catherine Connolly (Independent) receive over 50 percent of the vote, the election will be decided in the first count. However, if the margin is close, Gavin is likely to be eliminated, with his votes transferring as usual. While it seems improbable that he will garner significant support, the possibility remains that he could find himself in a surprising position of power.

In such a scenario, what would happen next? If Gavin receives enough votes to be elected, he would face immediate pressure to resign before officially taking office. Article 12 of the Irish Constitution allows a President to resign via a written declaration but does not allow resignation until after inauguration. This means that President Michael D Higgins would remain in office until Gavin is inaugurated, which must happen by November 12, 2023.

Should Gavin refuse to make the presidential declaration post-election, the presidency would remain vacant. The Presidential Commission would then assume presidential duties, ensuring continuity in governance until a new election is organized within 60 days to fill the vacancy.

This unprecedented situation raises critical constitutional questions and public interest. The idea of an elected candidate refusing to assume office has never occurred in Irish history, but the constitution provides for such a contingency. During any interim period, the commission would handle legislative matters, appoint judges, and manage government business.

As the election date approaches, the stakes are high. Voters must consider the implications of their choices, and the unprecedented situation surrounding Jim Gavin adds an additional layer of complexity to an already pivotal election. The unfolding developments will be closely watched, making this one of the most intriguing presidential elections in Ireland’s recent history.

Stay tuned for updates as this story develops. Share your thoughts and join the conversation on social media as Ireland prepares for a potentially historic election.