What will the Conservatives do if Labour comes third in votes but first in seats?

Will they have a leg to stand on?

The top Tory blogger Iain Dale notes Labour's third place in "virtually every poll" and asks: "Isn't that a BIG STORY?"

He adds:

The even bigger story is that Labour comes third but Gordon Brown still clings to the premiership. And I'm not talking football.

If that happened I can foresee marches on Downing Street. And I'll happily be at the front!

For me, the bigger story is how Labour could indeed end up third in the share of the popular vote but still emerge top in number of seats. What, if this happens, will the Conservatives do? What will David Cameron's strategists be telling him "the line" is on the morning of 7 May?

I asked a senior Tory-supporting journalist what he would advise Cameron to say in such an event and he just shrugged his shoulders. The Tories could hardly proclaim it an outrage -- even though, to be honest, it would be -- or cry "We wuz robbed!" or organise protest marches, seeing how they have remained the only party committed to defending the current dysfunctional, disproportionate first-past-the-post voting system. They would not have a leg to stand on. And anyone who saw Liam Fox squirming on the Daily Politics last week as Andrew Neil put this point to him will be aware of how tough a spot the Tories would be in.

Might Cameron consider electoral reform in exchange for a Labour-blocking deal with the Lib Dems? The Observer seems to think so -- the headline on its interview with the Tory leader is: "David Cameron leaves door open for poll deal with Liberal Democrats". The paper's political duo, Andrew Rawnsley and Toby Helm, write:

But when pressed on whether, in the event of a hung parliament, he would be prepared to discuss the Lib Dems' central demand for electoral reform -- something he has always opposed until now -- he declines to rule it out. When it was put to him that refusal to move on the issue could mean the Lib Dems teaming up with Labour to push through electoral reform anyway, the Tory leader says: "We think this is an important issue."

Cameron's comments suggest the Tories may now be prepared to put reform of the voting system on the table in coalition talks, rather than allow the issue to be a "deal breaker". After being asked four times to rule out such discussions on electoral reform, Cameron said: "Put the question in, you know, Serbo-Croat, if you want to -- but you're going to get the same answer." Labour has promised a referendum on the alternative vote system.

There are indeed Lib Dems close to Nick Clegg who have privately suggested that Cameron might be willing to put electoral reform "on the table". But my two problems with the Observer story are: 1) Cameron tells Rawnsley and Helm in the same interview: "I want us to keep the current system that enables you to throw a government out of office. That is my view." It's a line he has taken time and again during this campaign and he would look ridiculously opportunistic and cynical if he dropped the Tories' centuries-old commitment to first-past-the-post at the first sign that Labour might be able to cling on to power in a hung parliament. And 2) his own party wouldn't agree to such a deal.

Cameron, for short-term, tactical reasons (ie, his own survival as party leader), might (might!) be willing to entertain the idea of some form of compromise on electoral reform in order to get his foot through the door of No 10 Downing Street, but his party, for long-term, strategic reasons, would remain implacably opposed to electoral reform. The Tories would argue (in agreement with Polly Toynbee) that proportional representation would deny them their "divine" right to rule alone in future and would keep the party out of power for much longer, with Labour and the Lib Dems more likely to form "progressive" coalitions in office under PR.

So here's a question for Iain Dale: if Brown "clings" on to power after 6 May, despite coming third, and you join the front of a march on Downing Street, will you be carrying a placard proclaiming, "Time for PR"? If not, why not?

 

Mehdi Hasan is a contributing writer for the New Statesman and the co-author of Ed: The Milibands and the Making of a Labour Leader. He was the New Statesman's senior editor (politics) from 2009-12.

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Jeremy Corbyn will stay on the Labour leadership ballot paper, judge rules

Labour donor Michael Foster had challenged the decision at the High Court.

The High Court has ruled that Jeremy Corbyn should be allowed to automatically run again for Labour leader after the decision of the party's National Executive Committee was challenged. 

Corbyn declared it a "waste of time" and an attempt to overturn the right of Labour members to choose their leader.

The decision ends the hope of some anti-Corbyn Labour members that he could be excluded from the contest altogether.

The legal challenge had been brought by Michael Foster, a Labour donor and former parliamentary candidate, who maintained he was simply seeking the views of experts.

But when the experts spoke, it was in Corbyn's favour. 

The ruling said: "Accordingly, the Judge accepted that the decision of the NEC was correct and that Mr Corbyn was entitled to be a candidate in the forthcoming election without the need for nominations."

This judgement was "wholly unaffected by political considerations", it added. 

Corbyn said: "I welcome the decision by the High Court to respect the democracy of the Labour Party.

"This has been a waste of time and resources when our party should be focused on holding the government to account.

"There should have been no question of the right of half a million Labour party members to choose their own leader being overturned. If anything, the aim should be to expand the number of voters in this election. I hope all candidates and supporters will reject any attempt to prolong this process, and that we can now proceed with the election in a comradely and respectful manner."

Iain McNicol, general secretary of the Labour Party, said: “We are delighted that the Court has upheld the authority and decision of the National Executive Committee of the Labour Party. 

“We will continue with the leadership election as agreed by the NEC."

If Corbyn had been excluded, he would have had to seek the nomination of 51 MPs, which would have been difficult since just 40 voted against the no confidence motion in him. He would therefore have been effectively excluded from running. 

Owen Smith, the candidate backed by rebel MPs, told the BBC earlier he believed Corbyn should stay on the ballot paper. 

He said after the judgement: “I’m pleased the court has done the right thing and ruled that Jeremy should be on the ballot. This now puts to bed any questions about the process, so we can get on with discussing the issues that really matter."

The news was greeted with celebration by Corbyn supporters.