Billionaire Brexit-backer threatens legal challenge over EU referendum voter registration extension
Government has been accused of trying to skew the result of the vote on June 23
DOWNING Street has been sensationally accused of trying to skew the referendum and could face a legal challenge after the deadline for voter registration was extended.
Leave.EU campaign funder Arron Banks said he is considering launching a judicial review, saying changing the law during a campaign was unprecedented and unconstitutional.
Humiliated ministers were forced to rush through powers extending the deadline for voter registrations after the Gov.uk website crashed under a last minute rush.
The website went down two hours before the original deadline of midnight Tuesday as 241,000 people tried to log on over a 60 minute period.
But Brits now have until midnight tonight to input their details ahead of the June 23 poll – where turnout is seen as crucial to the outcome for both sides.
Mr Banks told Radio 4’s Today programme: “We've got lawyers that are looking at it at the moment.
"They are tending to say it's unconstitutional because once you've set the rules you can't really change it halfway through, and Parliament really shouldn't be doing this.
And in a statement he said: “We believe it is unconstitutional at best and have been advised that with legitimate cause we could challenge this extension.
"We are therefore considering all available legal options with our legal team, with a view to potentially launching a judicial review now and after the outcome of the referendum on 23 June."
Expert pollster Robert Hayward yesterday said Brexit was likely to win if the turnout is low in two weeks’ time.
The registration extension means the new deadline comes after a second ITV debate tonight where Scotland First Minister Nicola Sturgeon is expected to shine for the Government cause.
Quizzed why the extension was 48 hours, No.10 said it wanted a “full news cycle” so Brits were fully aware they could still register.
Cabinet Office Minister Matt Hancock said: “We think it is right to extend to midnight to allow people who have not yet registered time to get the message that registration is still open and get themselves registered.”
But in an extraordinary email to supporters and donors, Vote Leave chief executive Matthew Elliott said: “They’ve just told the House of Commons that their website crashed last night because of the high demand.
“We know that the Government and their allies are trying to register as many likely Remain voters as possible.
"Don’t let the Government skew the result of the referendum."
Brexit-backing Cabinet Minister Theresa Villiers and Tory backbencher Bernard Jenkin both warned the Government was leaving itself open to judicial review.
Tory backbencher Bernard Jenkin stormed: “We are on the cusp of legality here.”
He added: “The Government is having to re-write the rules to clear up the shambles of their own making. This is highly irregular in a mature democracy.”
But a split emerged as Michael Gove - Justice Secretary and Vote Leave chair – insisted just hours later that “we welcome the extension”.
Fellow Brexit-backer Jacob Rees Mogg told the Sun: “It’s very important that people have the opportunity to vote.
“If the Government has bungled its preparations for the referendum then it’s right that you allow people more time to register.
“If the result is skewed because more people vote that is immaterial. I believe that if more people vote then more people will vote to leave.”
The original voter registration deadline was set as midnight June 7 so there were 10 full working days before the historic Referendum poll on June 23.
Under existing law, the Government is required to set aside five days for the register to be checked and any appeals to be made.
There is then a second period of five working days for the details to be sent to councils for electoral lists to be published for polling day.
No.10 yesterday said that the five-day period for appeals against entries on the register would be preserved under the amendment to go before the Commons today.
But under the changes, there would be just three days for the electoral lists to be published by the respective local authority.
David Cameron’s official spokeswoman insisted the compromise followed talks with the Electoral Commission and the opposition and that it was “legally watertight”.
But she confirmed Brexit campaigns were not consulted.
Asked if the Government was trying to skew the result she insisted: “This is not about how people might vote.
“At the point that you register to be able to vote, there is nothing that tells the Government what your intension are.
“We offer a service to the public.
“Because of unprecedented demand, we were unable to offer it. This is to rectify that.”
Earlier yesterday, David Cameron told the Commons that people should continue to register on Gov.UK while the issue was resolved.
He said: “Last night, there was record demand on the Gov.UK website from people concerned that they might not be registered to vote in the referendum, which overloaded the system.
“I am clear that people should continue to register today.”
The gaffe comes just a week after the Electoral Commission admitted foreign voters had been wrongly sent polling cards.
Brexit-backing ex-Cabinet Minister Iain Duncan Smith demanded a probe into the “deeply disturbing” claims.