An independent candidate who lost a knife-edge call in this month’s district elections has launched an appeal against the decision.

Cllr Stephen Hirst won his seat by a single vote – beating the challenge of independent candidate Kevin Painter – after a ballot paper reported to have “Brexit” written on it with an arrow pointing to the Conservative candidate was deemed to be valid.

However it is now understood that the ballot paper said ‘I’m voting out’ with an arrow pointing to Cllr Hirst’s name, who voted remain in the 2016 EU referendum.

A tie between Cllr Hirst and independent Mr Painter in the Tetbury Town ward of Cotswold District Council was eventually decided when the returning officer opted to count the paper.

Mr Painter is now demanding the authority reveals what was written on the ballot paper, and is hoping to crowdfund an appeal to mount a legal challenge.

Mr Painter said: “To be honest I have been really surprised and very disappointed in the actions of the officials.

"When the initial story broke saying the word Brexit was written on it, surely the monitoring or the press officer should have issued a statement saying that wasn’t correct.

“I have been trying to work with the Election Commission and Cotswold District Council’s own team in an attempt to try and obtain a result that would be best for all to restore faith in the voting process, my personal view is that the CDC team have merely been delaying and, borderline obstructing the information I needed for an accurate election petition.

“It is a sad day for democracy when the only fitting quote comes from Stalin, ‘The people who cast the votes decide nothing.

“The people who count the votes decide everything’.”

Mr Painter’s crowdfunding page has already raised £280 of a £5,500 target.

He said: “This is a real David and Goliath situation and I’m confident that if an independent judge viewed the facts a logical decision could be made.

“My main concern is the effects that this story has had on many people, many of whom are now questioning the integrity and fairness of our voting system and whether voting is even worthwhile. This is why this action is important to show to people that democracy and justice can work – sometimes we just need a bit of help.

“By taking this action it will send a clear message that one person can make a difference and democracy belongs to us all.”

The final result of the vote was 232 to 231 in Mr Hirst’s favour, with 10 papers declared void.

The result was the final count to be declared after the Liberal Democrats seized control of the district council after 16 years of Conservative rule on May 2.

Speaking of the result, he said: “It is absolutely unbelievable. It is more Blackadder than anything else. The rules are quite simply you have to put a cross in the box. I am absolutely stunned by the response.

“The rules now make me doubt the integrity of our elections.”

If successful with his appeal, it would put Mr Hirst and Mr Painter back in the same tied vote, with the prospect of the toss of a coin to decide the seat.

Cotswold District Council has defended its controversial decision to accept the spoilt ballot.

The returning officer, who is responsible for overseeing elections, said the decision was made in line with guidance from the Electoral Commission.

“Prior to the final adjudication on the doubtful papers, the number of votes for the Conservative candidate and the independent candidate were level,” the returning officer said;

“However, when adjudicating on those ‘doubtful’ papers, the Returning Officer awarded one additional vote to the Conservative candidate, having regard to the guidance contained in the Electoral Commission’s booklet on doubtful papers and examples within election law books.”

Mr Painter has until Friday to start the proceedings at the High Court as rules state candidates have 21 days after an election count to appeal.

If he doesn’t raise enough money by Friday, Painter said “it would be game over.”

To donate, go to

crowdfunder.co.uk/election-petition