Reform UK by-election win legal challenge rejected

Reform UK MP Sarah Pochin makes her by-election victory speech from a lectern while wearing a white top, dark blue suit and her party's turquoise rosette. Other candidates are in the background along with the returning officer.Image source, PA Media
Image caption,

Reform UK's Sarah Pochin won the Runcorn and Helsby by-election by six votes

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A legal challenge to the result of a by-election won by Reform UK earlier this year in Cheshire has been dismissed by judges.

The parliamentary election petition was brought by the English Constitution Party's Graham Moore, who received the fewest votes of the 15 candidates who stood in Runcorn and Helsby.

May's by-election, called after ex-Labour MP Mike Amesbury stood down following his conviction for assaulting a constituent, was won by Sarah Pochin with 12,645 votes, just six more than Labour.

After his legal challenge was dismissed, Mr Moore was ordered to pay the two respondents' costs - Ms Pochin and the acting returning officer Stephen Young.

'Statistical impossibility'

Mr Moore's request to have the result declared void and for an independent recount to take place was initially also made against Cheshire Constabulary and Royal Mail.

Both cases were dismissed earlier this year but senior judges ruled a trial of the petition should still go ahead, with Ms Pochin and Mr Young named as respondents.

At the three-day election court hearing in Chester, Mr Justice Spencer and Mr Justice Bryan heard Mr Moore speak about the "statistical impossibility" of receiving 50 votes, which he said was exactly the same number he received when he stood in the 2016 Tooting by-election.

Mr Moore, who represented himself, told the court: "I was the only one that had exactly 50 votes and exactly 50 votes in 2016.

"Both of those counts were run by, in effect, Labour people in high Labour areas.

"Marxism comes into it."

A pile of votes is counted following the Runcorn and Helsby by-election.Image source, PA
Image caption,

Judges rejected claims of a 'sleight of hand' and chaotic scenes at the count

He claimed he saw an estimated 116 votes cast for him at the Runcorn and Helsby count and suggested alleged fraud could have been carried out by Labour, despite the party's defeat.

But the judges, who viewed video footage of the count and heard from deputy returning officer Penny Housley, ruled Mr Moore had been "mistaken in his belief".

Mr Moore also claimed a full recount had not been held when it was revealed how close the election had been. Rather, he suggested bundles of votes were recounted.

Also rejecting this claim, the judges found a full recount had taken place.

They additionally ruled they were satisfied there had been no act or omission by the returning officer or any other person in breach of their official duties.

The judgment stated: "There was no 'sleight of hand' and there was no chaotic scene at the count.

"The count, and all parts thereof, was properly observable by the candidates and their counting agents."

Mr Justice Bryan and Mr Justice Spencer, who noted in their judgment that £35,000 had been raised for Mr Moore through a crowdfunding account, assessed Mr Young's and Ms Pochin's respective costs as £45,000 and £30,000.

Election petitions can be lodged by candidates or electors but guidance from the Electoral Commission warns there are "costs attached" and independent legal advice is recommended.

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