A High Court ruling on a challenge by Sinn Fein's Pearse Doherty to the Referendum Commission will be handed down this morning on the eve of the ballot.
The Donegal TD wants clarification on comments by the Commission's chairperson made earlier this month in relation to Ireland's veto of the ESM.
Pearse Doherty's lawyers say all they want from this court battle is a declaration to dispel the confusion as to whether the government can still veto the ESM.
They say the Referendum Commission has issued contradictory statements on the issue but some have got more publicity than others and this has inadvertently benefitted the Yes campaign.
However when lawyers for the Referendum Commission countered that there'd been no inconsistency, Pearse Doherty's lawyer