Kerry local election recount suspended over disputed ballots

The recounting of votes from the 2014 local elections in the Listowel district in Co Kerry has been suspended to allow candidates to seek the adjudication of a Circuit Court judge.

The recount, ordered after a legal challenge by candidate Dan Kiely who missed out on a council seat by two votes, got underway at the John Mitchels GAA Club in Tralee on Wednesday. It is the first time a "count afresh" has ever been held in the State.

Some 15,000 papers were re-mixed and sorted and more than 300 doubtful ballots identified. Scrutiny of these by candidates and their agents, including legal counsel, began in the afternoon.

However, at least 30 of the doubtful ballots are being disputed and Circuit Court Judge Thomas E O’Donnell has been asked to adjudicate on them.

Arrangements were being made on Wednesday night by the council returning officer Charlie O’Sullivan to go immediately to the Circuit Court in Limerick with the disputed papers. The first count cannot go ahead until there is agreement on the disputed ballots.

In addition, up to 10 votes were found to begin with sequences other than the number one and these have been removed.

This move came after the Supreme Court ruling which found against Kerry County Council and in favour of Mr Kiely(75), a former Fianna Fáil senator who ran as an independent candidate.

Votes with sequences beginning with number two or three were found and, as there were local and European elections meaning separate ballot papers on the same day, a practice had developed where these were accepted by returning officers.

The Supreme Court ruled this was a mistake and said the votes should not have been allowed into the 2014 count.

Fine Gael councillor Mike Kennelly was two votes ahead of Mr Kiely when elected in 2014. Fianna Fáil councillor Jimmy Moloney was five votes ahead of Mr Kiely.

However given that a complete remix of the votes is taking place, meaning new bundles have been created and the transfers taken from bundles will vary, these candidates may not be at most risk of losing out.

Defeated Labour candidate Pat Leahy and Fine Gael candidate Tim Buckley could also end up in the mix for a seat.

The new count was ordered last month by Judge O’Donnell following the Supreme Court Decision in December.

Each of the original 15 candidates has been allowed seven passes for scrutineers and others.