By Eoin Marsh
The High Court has refused an application by former independent general election candidate Michelle Keane to inspect polling documentation connected with the November 2024 election in County Kerry.
Keane sought access under the Electoral Act 1992 to material retained by the Clerk of the Dáil. She also wanted the documents preserved while a Garda investigation into complaints made by her and unspecified legal proceedings were ongoing.
Keane told the court that she received 1,530 first-preference votes in the November 29th election but claimed thousands of people in Kerry had subsequently contacted her saying they had voted for her.
Ms Justice Bolger found that the emails exhibited by Keane referred only to votes numbering in the double digits. The judge said no proof had been produced that thousands of people had voted for her. Keane also alleged that a marked register contained names of deceased people recorded as having voted, but the court found that no supporting material had been produced and the claimed evidence was not identified.
The central legal issue was whether Keane had standing to obtain the documents. Section 130 of the Electoral Act permits inspection or production for specified purposes, including an election petition or a prosecution under the Act. The court held that any prosecution was a matter for An Garda Síochána and that no election petition was in existence.
Keane had previously sought permission to bring an election petition, but that application was refused in March 2025 because the statutory deadline had expired. A related request for polling documents had also been refused.
Ms Justice Bolger was critical of Keane for not disclosing that earlier application when seeking relief without notice to the other side. The judge also found that bringing another related application breached the principle that matters already decided should not simply be litigated again.
The application was refused in full, including permission to issue or serve the proposed notice of motion.