Any candidate losing a local election by a small margin would be entitled to "seriously consider" legal action over the information pack compiled by Department of Education staff for Fianna Fáil candidates, it has been claimed.
Cllr Joe Reilly (Sinn Féin), from Meath, said he believed such a pack provided Fianna Fáil candidates with an unfair advantage over their rivals.
The Minister for Education, Mr Dempsey, is Fianna Fáil director of elections in North Leinster, which includes Cllr Reilly's constituency.
"These are public resources. The resources of the Department of Education are not the property of Fianna Fáil," Cllr Reilly said.
"I would like to see Fianna Fáil pay for the costs of the pack on the same basis as anybody else would if making an application under the Freedom of Information Act."
Cllr Nicky McFadden (Fine Gael), of Westmeath County Council, said she would be at an immediate disadvantage over any Fianna Fáil candidate in possession of the information contained in the pack.
"Of course I would be at a disadvantage. They are going to use this to isolate the other candidates. They are privy to information others are not."
However, Cllr McFadden said she would consider the outcome of the election part of the democratic process, and would not contemplate legal action.
Cllr Jim Cousins (Progressive Democrats), from Louth, said he believed "any councillor worth his salt" would already be in possession of the information contained in the document.
Any Minister, he said, keeps his party colleagues informed.
"If the manner in which he does this is incorrect, then it is wrong," he said. "But that remains to be established."
Cllr Cousins had not asked for a copy of the briefing document, but would "not say no" if somebody were to give it to him.