Legal challenge over Reform's Cheshire by-election win dismissed

Reform won with 12,645 votes - just six more than Labour

A legal challenge to the result of a Cheshire by-election won by Reform has been dismissed. English Constitution Party candidate Graham Moore lodged the parliamentary election petition following the Runcorn and Helsby by-election in May, in which he came last out of 15 candidates.

The vote, held after ex- Labour MP Mike Amesbury stood down following a conviction for punching a constituent, was won by Reform UK candidate Sarah Pochin with 12,645 votes, just six more than Labour. In a judgment handed down on Tuesday, the petition was dismissed and Mr Moore was ordered to pay costs for the two respondents, Ms Pochin and acting returning officer Stephen Young.

The legal challenge, requesting that the election be declared void and an independent recount conducted, was initially also made against Cheshire Constabulary and Royal Mail. The cases against the police and the mail service were dismissed earlier this year but senior judges ruled a trial of the petition should still go ahead, with Ms Pochin and Mr Young as respondents.

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

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.” He added: “Marxism comes into it.”

He claimed he had seen an estimated 116 votes cast for him at the election count and suggested alleged fraud could have been carried out by Labour, despite the party losing the seat. 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.

But the judges, who viewed video footage from the count and heard from deputy returning officer Penny Housley, ruled Mr Moore was “mistaken in his belief” that he had seen more votes. As part of his petition, Mr Moore also claimed a full recount had not been held when it was revealed how close the votes were, but bundles were recounted.

However, the judges found a full recount had taken place. They also ruled they were satisfied there was no act or omission by the returning officer or any other person in breach of their official duties in connection with the election.

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 the judgment that £35,000 had been raised for Mr Moore through a GoFundMe account, assessed Mr Young’s costs as £45,000 and Ms Pochin’s costs as £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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