By-elections to Dáil Éireann, the house of representatives of the Oireachtas (the legislature of Ireland), occur to fill vacant seats which can be caused by the death, resignation, disqualification or expulsion of a member of the Dáil, known as a Teachta Dála (TD).

Statistical overview There have been 138 by-elections since 1923, to fill 140 vacancies. Ninety-three of these were caused by the death of a sitting TD. There were no by-elections during the 3rd, 7th, 9th, 11th, 22nd, 25th and 26th Dála. The longest period without a by-election was almost 10 years between 1984 and 1994. The largest number of by-elections on one day was on 11 March 1925, when seven constituencies filled nine vacancies caused by the National Group's split from Cumann na nGaedheal. Those seven by-elections included two which filled two vacancies, via the single transferable vote. All the other by-elections have used its single-winner analogue, instant-runoff voting.

Twenty-five TDs who were elected at a by-election were not subsequently re-elected at a general election. The only person twice elected at by-elections was Thomas Hennessy.

Timing Prior to 2011, there was no requirement for a by-election to be held when a vacancy occurred. During the 10th Dáil, after one by-election was held in 1940, no further by-elections were held before the dissolution in 1943, considering difficulties during the Emergency. Writing in 1996, Michael Gallagher gave 521 days as the longest interval between the creation of a vacancy and the holding of the resultant by-election, between the resignation in Mayo West of Pádraig Flynn of Fianna Fáil in January 1993, and the ensuing by-election in June 1994. In April 1993, Proinsias De Rossa of Democratic Left moved motions in the Dáil that the Ceann Comhairle issue by-election writs for both the Mayo West vacancy and a slightly later one in Dublin South-Central. The Fianna Fáil–Labour government defeated the motions, and both government parties' leaders said the by-elections would not be held until summer 1994. In June 1993, a private citizen argued in the High Court that such a delay was undemocratic and unconstitutional, but the court refused to order the government to act, on the grounds that it was "an effort to interfere in the functions of the executive" and that the applicant was not a voter in either constituency.

In November 2010, the High Court granted a declaration that there had been unreasonable delay in holding a by-election in Donegal South-West for a seat which had remained vacant since June 2009. The consequent by-election was held later that month, leading to an interval of days. The Electoral (Amendment) Act 2011 amended the Electoral Act 1992 such that a by-election writ must be issued within six months of the vacancy.

First and Second Dáil The First Dáil was established by Sinn Féin members returned in the 1918 election to the House of Commons of the United Kingdom. Convention in the Commons was that the writ for a by-election be moved by a party colleague of the vacating member, which was impossible for the abstentionist Sinn Féin. There were three by-elections held for Westminster constituencies vacated by Unionist members during the lifetime of the First Dáil, all of whom took their seats in Westminster.

Winner Party Constituency DateOutgoing Party Reason for vacancy Notes Hugh T. Barrie U North Londonderry 4 March 1919 Hugh Anderson U Resignation This was the only by-election contested by Sinn Féin, Patrick McGilligan losing. Ind U East Antrim 27 May 1919 U Appointed commander of the Irish Guards William Jellett U Dublin University 28 July 1919 Arthur Samuels U Appointed to the High Court of Justice in Ireland William Jellett was returned unopposed.

The Second Dáil comprised those returned in the 1921 elections to the House of Commons of Southern Ireland and the House of Commons of Northern Ireland. There were no by-elections to either body during the lifetime of the Second Dáil.

By-elections since 1923

By-elections in which seats changed parties are indicated with a grey background.

Vacancies not filled

When Pierce McCan died on 6 March 1919, his East Tipperary seat was left vacant. In April 1919 a Dáil committee considering how to fill the vacancy considered allowing nomination by the Labour Party (which had stood aside in the 1918 election to avoid splitting the nationalist vote) before recommending that the Sinn Féin constituency organisation should nominate. However, in June 1919 the Dáil decided that "it was due to the memory of the late Pierce McCann that his place should not be filled at present". Later vacancies were also left unfilled; when Diarmuid Lynch resigned his seat in 1920, Arthur Griffith said "as the letter of resignation was addressed to the people of South-East Cork, the next step in the matter lay with the South-East Cork Executive of Sinn Fein". Asked in the Civil War about filling 3rd Dáil vacancies, W. T. Cosgrave as Chairman of the Provisional Government stated "the condition of the country scarcely warrants the holding of elections".

In the first Dáil, four Sinn Féin TDs represented two constituencies: Éamon de Valera, Arthur Griffith, Eoin MacNeill and Liam Mellowes. Ordinarily, this would prompt them to choose one constituency to represent, and to move a writ for a by-election in the other constituency.

Dáil Constituency Outgoing TDParty Reason for vacancy Date of vacancy Date of dissolution 1st Death in prison 1st Resignation 1st Death on hunger strike 1st Resignation 2nd Waterford–Tipperary East Resignation 2nd Dublin County Death 2nd Longford–Westmeath Death 3rd Waterford–Tipperary East Death: Shot during the Civil War 3rd Mayo South–Roscommon South Death: Shot during the Civil War 3rd Cavan Death 3rd Cork Mid, North, South, South East and West Death: Shot during the Civil War 3rd Sligo–Mayo East Death: Shot during the Civil War 3rd Mayo South–Roscommon South Resignation 3rd Cork Mid, North, South, South East and West Death: Shot during the Civil War 3rd Clare Resignation 3rd Clare Resignation 3rd Tipperary Mid, North and South Death on hunger strike 3rd Sligo–Mayo East Death in prison 4th Limerick Death 6th Carlow–Kilkenny Death 6th Leix–Offaly Death 7th Cork East Death 7th Waterford Death 7th Donegal Death 7th Dublin County Death 8th Cork West Death 8th NUI Appointment as High Court judge 8th Longford–Westmeath Appointment as Supreme Court judge 9th Cork West Death 10th Kilkenny Death 10th Wicklow Death 10th Cork South-East Death 10th Mayo North Death 10th Cork Borough Death 10th Dublin South Death 10th Sligo Death 10th Cork Borough Death 10th Cork South-East Death 11th Tipperary Death 12th Carlow–Kildare Death 12th Sligo Death 13th Galway West Death 13th Wexford Resignation 15th Carlow–Kilkenny Death 16th Wexford Death 16th Carlow–Kilkenny Death 17th Longford–Westmeath Death 18th Wexford Death 18th Tipperary South Death 18th Clare Death 19th Tipperary South Death 19th Clare Resignation on nomination as EC Commissioner 20th Dublin County South Resignation on nomination as EC Commissioner 20th Dublin South-West Resignation on nomination as High Court judge 21st Tipperary North Resignation on nomination as EC Commissioner 22nd Cavan–Monaghan Death on hunger strike 23rd Clare Death 24th Donegal South-West Death 25th Sligo–Leitrim Resignation on nomination as EC Commissioner 25th Dublin South-Central Death 30th Dublin South Resignation 30th Waterford Resignation 30th Donegal North-East Resignation 30th Dublin South-Central Resignation 31st Galway West Resignation 32nd Cork North-Central Resignation 33rdLaois–OffalyElected to the European Parliament33rdCarlow–KilkennyElected to the European Parliament33rdClareElected to the European Parliament33rdDublin Bay NorthElected to the European Parliament33rdClareResignation due to illness

TDs who died after the dissolution of the Dáil Outgoing TDs who died after the dissolution of the Dáil but before the following election did not create a vacancy, as there was no Dáil in being at the time of their death. Dáil Constituency Outgoing TDParty Date of dissolution Date of death Date of general election 6th Leitrim–Sligo Patrick Reynolds 29 January 1932 14 February 1932 16 February 1932 12th Kilkenny Eamonn Coogan 12 January 1948 22 January 1948 4 February 1948

See also List of Seanad by-elections List of Irish politicians who changed party affiliation

References

Notes