Alliance party lodge High Court petition over Waterside election count in Derry & Strabane

The Journal understands that the legal bid relates to a decision to exclude Alliance Councillor Philip McKinney and deem two other representatives from the SDLP elected without having reached the quota, when the redistribution of votes from other newly elected DUP candidates had not taken place.

It was announced at the Count Centre at Foyle Arena following the redistribution of UUP candidate Janice Montgomery’s votes following her exclusion that there would be a formal declaration of Stage 6 and a formal declaration of the results.

At this stage there were five candidates left in the running and four seats to be allocated. Both Sinn Féin candidates in the Waterside, Caitlin Deeney and Christopher Jackson, and UUP Alderman Darren Guy had already been elected to represent the Waterside in the seven seater ward by this stage.

As a result of the redistribution of Janice Montgomery’s vote, the DUP’s Chelsea Cooke’s vote tally stood at 1,526.05; Philip McKinney (Alliance) of Alliance stood at 1105.05; Niree McMorris (DUP) stood at 1,368.06; Sean Mooney (SDLP); 1355.11, and Martin Reilly (SDLP) at 1154.21.

The quota had been set at 1,365 votes and as such it was then declared that both DUP candidates Chelsea Cooke and Niree McMorris had exceeded the quota and both were duly elected.

It was then announced that, as there were three candidates remaining and just two seats, the lowest ranked candidate would be eliminated, Philip McKinney, and the two SDLP candidates were deemed elected without having met the quota. There was no mention of whether the surplus 161 votes above quota for Cooke or the 3 votes for McMorris would be redistributed before this was announced.

At this stage there was less that 50 votes separating Councillors McKinney and Reilly.

The petition, it is understood, relates to those surplus votes of Chelsea Cooke’s tally beyond the quota and potentially also those of Niree McMorris not being redistributed before Colr. McKinney’s exclusion.

It is understood that two petitions have now been submitted to the High Court by the Alliance Party and by Waterside voters seeking a recount of the votes which were not redistributed after the two DUP Aldermen were elected.

The High Court, it is expected, will now be asked to determine whether a stage 7 count should have happened and whether a count of those transfers should now take place or not.

A spokesperson for Derry City and Strabane District Council said it is aware of a discrepancy in relation to the latter stages of the Count in the Waterside DEA and has been liaising with the NI Electoral Office and the relevant parties with regard to this matter.

Council has become aware that an Election Petition has been lodged on 05 June and at this stage, is not aware of the specific details.

Council will continue to work with the NI Electoral Office in relation to this issue.

The Journal could not get through to the Electoral Office.