The Labour party in Kilkenny has sought senior counsel advice on an opinion poll in the Nationalist & Leinster Times and the Green Party also intends "vigorously pursuing" legal action against the newspaper.
Unsuccessful Labour candidate Mr Michael O'Brien confirmed that senior counsel advice is being prepared on the poll published three weeks before the election on the front page of the paper. He said the matter was also being taken seriously by Labour headquarters in Dublin.
Newspaper editor Mr Eddie Coffey, speaking on RTÉ news, said the poll "was carried out for the Nationalist by Bluebird Marketing". However Mr Tim Ryan of Bluebird denied it carried out any poll for the newspaper.
Mr Coffey subsequently told The Irish Times that if he had made that claim on the radio he did not mean to do so. He said he did "not get the poll directly from Bluebird" but he was certain of the veracity of the figures.
"I got into my hand the original figures . . . I assumed it was done for a political party and that is why I had it thoroughly checked," he said.
Bluebird Marketing has carried out a large number of constituency polls for Fianna Fáil, including some in the Carlow-Kilkenny constituency.
The poll published in the newspaper claimed that Mr O'Brien would receive 5,100 first preferences and would take the fourth and final seat. He received 3,732 votes.
Mr O'Brien said he was more concerned for his Carlow running mate, Cllr Jim Townsend, who was beaten by 384 votes.
"I think he would have won the seat but for them," Mr O'Brien said.
The Green Party candidate, Cllr Mary White, consulted her solicitor on Monday and is not prepared to let the matter drop. She claimed the poll discriminated against all the Carlow candidates except Mr M.J. Nolan of Fianna Fáil, who won the fourth seat.