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Article 124
 

(1) When the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected.

(1A) When the number of continuing candidates exceeds by one the number of vacancies remaining unfilled and the total of the votes credited to the lowest continuing candidate together with the surplus or surpluses not transferred is less than the number of votes credited to the next highest continuing candidate, the continuing candidates, with the exception of the lowest such candidate, shall thereupon be deemed to be elected.


(2) When only one vacancy remains unfilled, and the votes of some one continuing candidate exceed the total of all the votes of the other continuing candidates together with any surplus not transferred, that candidate shall thereupon be deemed to be elected.

(3) When the last vacancies can be filled under this section no further transfer of votes shall be made unless any of the continuing candidates has not been credited with a number of votes exceeding one quarter of the quota or in the case of a bye-election where there is more than one vacancy to be filled in a constituency, one quarter of what would have been the quota were the full number of members of the Dáil for the existing constituency to be elected and it is necessary for the purposes of subparagraph (ii) (inserted by the Electoral (Amendment) Act, 2001) of section 21(1)(a) of the Electoral Act, 1997 or section 48(1)(e) to make such transfer in order to establish whether such a number of votes could be credited to him.