88. (1) F102[Subject to paragraph (4), 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.

F103[(1A)F102[ Subject to paragraph (4), 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.

F104[(3) When the last vacancies can be filled under this rule, 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 and it is necessary for the purposes of section 21 of the Electoral Act 1997 or section 13A(1)(e) to make such transfer in order to establish whether such a number of votes could be credited to that candidate.]

F105[(4) For the purpose of the European elections held in the year 2019—

(a) paragraph (1A) shall not apply in the constituencies of Dublin and South as specified in the Third Schedule, and

(b) subject to paragraph (5), when all vacancies have been filled in the constituencies of Dublin and South as specified in the Third Schedule, the order in which candidates are deemed to be elected in each such constituency shall be—

(i) where a candidate is deemed to be elected at the end of a count, that candidate shall be deemed to be elected before a candidate deemed to be elected at a subsequent count,

(ii) where two or more candidates are deemed to be elected at the end of a count, the candidate with the greater number of votes credited at the end of that count shall be deemed to be elected before a candidate with a lower number of votes credited at the end of that count.

(5) F106[…]

(6) F106[…]]