ieExplains: What happens if Jim Gavin wins the presidency after dropping out?

Jim Gavin’s withdrawal came too late to remove his name from the ballot, meaning he could still legally win

Former Fianna Fail presidential candidate Jim Gavin, speaking to media at RTÉ's studios in Donnybrook, Dublin. Picture: PA

Polling day in the presidential election is on Friday, and two candidates remain in the race — Catherine Connolly and Heather Humphreys.

However, Jim Gavin’s name will still appear on the ballot paper as the Fianna Fáil candidate, despite his withdrawal.

Can Jim Gavin still win?

In simple terms, yes.

He remains a candidate on the ballot paper, as the deadline for withdrawals passed on September 24.

There were discussions between the Attorney General and the Presidential Election Returning Officer after Mr Gavin suspended his campaign, about whether it was possible to remove his name.

However, it was ultimately decided that Mr Gavin would remain on the ballot.

This means he is still a valid candidate, and any votes cast for him will be counted as normal, meaning he could still win and become Ireland’s 10th president.

What happens if he does win?

If Mr Gavin receives enough votes to beat both Catherine Connolly and Heather Humphreys, he would become the 10th president of Ireland.

It would be an unprecedented situation, requiring a dramatic shift in polling, with Ms Connolly currently leading on 38% and Ms Humphreys trailing on 20%.

What if he decides not to serve?

If Mr Gavin declined to serve as president, the country would face another election.

However, President Michael D Higgins’ term still ends on November 11, meaning there would be a temporary vacancy in the office.

The Constitution requires a new presidential election to take place within 60 days of a vacancy arising.

This has happened before — including after the resignations of Cearbhall Ó Dálaigh and Mary Robinson, and following the death of Erskine Childers.

During any period without a president, the Presidential Commission assumes the duties of the office.

The Commission is made up of the Chief Justice, the Ceann Comhairle, and the Cathaoirleach of the Seanad.

Its duties include signing legislation into law, a task it typically carries out when the president is abroad.