SDLP Cllr Martin Reilly could lose his seat on Derry City and Strabane as a result of to a successful legal challenge from the Alliance party.
Cllr Reilly pipped Alliance candidate Philip McKinney to the final seat in the Waterside DEA in the May 18, 2023, local government elections.
Following the declared result, it emerged approximately 150 votes, which may have changed the outcome in the DEA, were not redistributed before the elimination of Philip McKinney, who lost his seat by fewer than 50.
Derry Now understands the error was noticed by a person in London, scanning through the local government results in Derry and Strabane. They subsequently contacted the candidates in the Waterside DEA to flag up their concerns.
A recount of votes of the Waterside DEA will take place on Wednesday (August 10), following an initial hearing of the election court which took place on Monday (August 7).
The hearing followed the election petition lodged in respect of the outcome of the May 18, 2023 local government election in the Waterside DEA.
The court has directed that the sealed ballot papers should be opened and the count continue from stage 7 until conclusion.
This will take place on Wednesday of this week (August 10) with the count recommencing at 10am in Foyle Arena.
In addition to representatives of the impacted candidates, and in the interests of transparency, it has been agreed that two people from other original candidates, Cllrs Cooke, Deeney, Guy, Jackson, McMorris and Mooney, and candidates Pulis and Montgomery (the councillor/candidate plus one counting agent) can enter the count room if they wish.
It will be for the councillor/candidate to set out who they wish to attend so that access arrangements can be made.
Councillors/Candidates or their representatives have been asked to contact the Assistant Deputy Returning Officer, Conor Canning, by 5pm, Tuesday 7th. August, 2023, giving names of the persons who will enter the count room.
These do not need to be the same individuals as nominated for the original count.
If a request for additional attendance is made it may be facilitated subject to the agreement of the Deputy Returning Officer, John Kelpie.
Parties have been asked to be aware that there is capacity for more people other than those noted above to attend outside the count room in the Foyle Arena.
Following conclusion of the count process a report will be provided by the Deputy Returning Officer to the election court which will sit again on Thursday, August 17, 2023.
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