Fahy remained a county councillor. The judge had suggested he should be disqualified under subsection 13(1)(m)(i) of the Local Government Act 2001 for "fraudulent or dishonest dealings affecting a local authority"; however section 13(2)(c) delays such disqualification pending appeals. While section 18(4)(a) of the Local Government Act 2001 provides that councillors are deemed to have resigned if they fail to attend meetings for six months, section 18(4)(b)(ii) allows the council to make an exception where the absence was "in good faith for another reason illness". The council decided not to move against him pending his appeal. On the register of panel electors for the 2007 Seanad election, his address was listed as "c/o Mr. Daniel J. Scannell, Governor, Castlerea Prison, Harristown, Castlerea, Co. Roscommon"; he is believed to be the first person to vote from prison in the Seanad elections. Fahy received the full annual representative pay allowance of €16,600 for the year 2007, although his conference expenses were only €3,700, for conferences attended prior to his imprisonment.