Labour to fight any attempt by Cameron to declare victory without a majority

http://www.theguardian.com/politics/2015/may/06/labour-fight-attempt-by-cameron-declare-victory-without-majority

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Labour is preparing to fight any attempt by David Cameron to declare victory on Friday as leader of the largest party even if he does not have enough seats to command a majority, senior party sources have indicated.

The party’s fear is that Cameron will try to claim that having the most seats means he has won the election, despite not being able to command the confidence of the House of Commons with the help of Lib Dems, the DUP and/or Ukip.

Even if he came second, Ed Miliband is thought to have more paths to a majority with the help of the Scottish National party, Lib Dems, Plaid Cymru and/or the Greens. Campaigning in Yorkshire and Lancashire on Wednesday, Miliband declared that he was still optimistic about victory.

Related: Labour on a roll in London as battle for votes enters final hours

However, the betting markets and most predictions suggest the most likely outcome is a hung parliament, with the Conservatives as the largest party and Labour close behind. The opinion surveys are a mixed bag with some showing Labour in front, some the Tories, and some the two parties neck and neck.

Miliband has spent the last two days repeatedly dodging questions about what he will do if he narrowly comes second, refusing to answer the question at least seven times. “I’m going to leave the commentary to others. My focus is not on the politicians but on the British people,” he said at a meeting of supporters in Pudsey, West Yorkshire.

But Labour aides have made clear they take the same position as constitutional experts and the former cabinet secretary Lord O’Donnell, who say there is no law giving the leader of the largest party the right to govern. “The rules are the rules,” one Labour adviser said – regardless of the political argument about legitimacy that Cameron may make.

Labour aides believe it will be clear by the end of Friday whether Cameron has no chance of getting a Queen’s speech through the Commons. In that situation, they would call for him to resign, even if he tries to claim only a Conservative-led bloc would have legitimacy.

Related: Election 2015: Labour and Tories neck and neck in final Guardian/ICM poll

Miliband answered almost every question on Wednesday by referring to the choice facing voters: a Tory government for the rich or a Labour government that works for working people. On the eve of polling day, he then led an evening rally of supporters in Leeds while trying not to echo the misplaced triumphalism of Neil Kinnock at his Sheffield rally in 1992.

On election day itself, Miliband and his wife, Justine, will vote in his constituency of Doncaster North early in the morning and later do a clip for the cameras outside their home once the polls have closed.

Some thought among aides has been going into when he will grab some sleep, as he will need to ensure he is fresh for any negotiations that will start as soon as possible on Friday, in the event of a deadlock. Last time, Gordon Brown managed to fit in at least a two-hour nap between 8pm and just after 10pm, when the first exit polls started to come through.

Senior figures are already being lined up to spin on the airwaves for that key moment, including Ed Balls, between 10pm and midnight. By the morning, the main action will quickly converge on Westminster.

Amid concerns Cameron and Clegg may attempt to stitch up a quick deal, the Labour team is conscious that it may take Miliband longer to get from Doncaster to London than the other leaders from Witney and Sheffield. But Labour advisers are convinced it will become clear fairly quickly on Friday, from the arithmetic of the seats, whether Cameron has enough support to get a Queen’s speech through the Commons.

Related: Will Cameron or Miliband be the next prime minister? The pollsters polled

Whether Labour come first or second, it is apparent the party would be prepared to talk to the Lib Dems, with Miliband acknowledging for the first time on Tuesday that he has red lines on talks. Already the party has given up on unseating Clegg in Sheffield Hallam, and believe they will have to deal with him in the event of any talks, unless he faces a wipeout and loses the support of his own party.