Latest news with #CommonwealthElectoralAct
Sydney Morning Herald
5 days ago
- Politics
- Sydney Morning Herald
Every voter's squiggle counts: why Bradfield court battle could drag on for months
The Bradfield election count saw more reversals of fortune than Succession. First the independent Nicolette Boele was acclaimed the likely winner on election night. Then the Liberal Gisele Kapterian won the count by eight votes, only to see this snatched away in a recount with Boele winning by 26 votes. Now Kapterian is challenging the outcome in the Court of Disputed Returns. Does this mean the beleaguered burghers of Bradfield will be heading back to the polls? The Court of Disputed Returns has the power to declare that any election is absolutely void, or that a person who was returned as elected was not duly elected and that any other candidate is elected. But other than cases of disqualification or corrupt conduct by a candidate, the court can only alter the outcome of an election or declare it void if any error or illegal practice in the conduct of the election was likely to have affected its outcome and 'it is just' to do so. The law requires that 'real justice' be observed, with the court to be 'guided by the substantial merits and good conscience of each case without regard to legal forms or technicalities'. Kapterian's challenge is about whether particular ballot papers were mistakenly classified as formal or informal, affecting the outcome of the result. Was a 5 really an 8, and was that squiggle actually a 7? If a successful claim were made that the outcome could not be known because ballots had gone missing or electors were wrongfully denied the ability to vote, a fresh election would be required. But in this case, as the court can determine the formality of each vote, it is more likely it would either confirm Boele's election or declare Kapterian the winner. A fresh election is unlikely, unless the margin is so close that the outcome cannot be fairly determined, or is affected by other factors, such as multiple voting. Loading How long will it take? The Commonwealth Electoral Act contains a section optimistically headed 'Court must make its decision quickly'. But the substance says the court must make its decision 'as quickly as reasonable in the circumstances'. This will depend on a number of factors. First, there is the question of who constitutes the Court of Disputed Returns. Ordinarily, it is the High Court. But on Friday, the Chief Justice of the High Court, Stephen Gageler, sent it off to the Federal Court to determine. As Kapterian's challenge mostly involves assessments of fact, rather than high legal principle, it is appropriate that it be dealt with by a lower court. Second, timing will depend on how many ballots need to be reviewed and the time given for the parties to examine them and prepare their arguments.
The Age
5 days ago
- Politics
- The Age
Every voter's squiggle counts: why Bradfield court battle could drag on for months
The Bradfield election count saw more reversals of fortune than Succession. First the independent Nicolette Boele was acclaimed the likely winner on election night. Then the Liberal Gisele Kapterian won the count by eight votes, only to see this snatched away in a recount with Boele winning by 26 votes. Now Kapterian is challenging the outcome in the Court of Disputed Returns. Does this mean the beleaguered burghers of Bradfield will be heading back to the polls? The Court of Disputed Returns has the power to declare that any election is absolutely void, or that a person who was returned as elected was not duly elected and that any other candidate is elected. But other than cases of disqualification or corrupt conduct by a candidate, the court can only alter the outcome of an election or declare it void if any error or illegal practice in the conduct of the election was likely to have affected its outcome and 'it is just' to do so. The law requires that 'real justice' be observed, with the court to be 'guided by the substantial merits and good conscience of each case without regard to legal forms or technicalities'. Kapterian's challenge is about whether particular ballot papers were mistakenly classified as formal or informal, affecting the outcome of the result. Was a 5 really an 8, and was that squiggle actually a 7? If a successful claim were made that the outcome could not be known because ballots had gone missing or electors were wrongfully denied the ability to vote, a fresh election would be required. But in this case, as the court can determine the formality of each vote, it is more likely it would either confirm Boele's election or declare Kapterian the winner. A fresh election is unlikely, unless the margin is so close that the outcome cannot be fairly determined, or is affected by other factors, such as multiple voting. Loading How long will it take? The Commonwealth Electoral Act contains a section optimistically headed 'Court must make its decision quickly'. But the substance says the court must make its decision 'as quickly as reasonable in the circumstances'. This will depend on a number of factors. First, there is the question of who constitutes the Court of Disputed Returns. Ordinarily, it is the High Court. But on Friday, the Chief Justice of the High Court, Stephen Gageler, sent it off to the Federal Court to determine. As Kapterian's challenge mostly involves assessments of fact, rather than high legal principle, it is appropriate that it be dealt with by a lower court. Second, timing will depend on how many ballots need to be reviewed and the time given for the parties to examine them and prepare their arguments.
News.com.au
29-04-2025
- Politics
- News.com.au
Right-wing blogger Morgan Jonas enters ‘corflute wars'
The founder of a right-wing minor party has been cautioned by the Australian Electoral Commission (AEC) for displaying non-compliant campaign materials. Morgan Jonas, an alt-right blogger and founder of the Freedom Party of Victoria, was warned by the AEC on Tuesday for only partially authorising corflute political signs. The materials authorised by 'M. Jonas Melbourne Victoria 3000' were deemed non-compliant under the Commonwealth Electoral Act because they did not include Mr Jonas's full name and full street address. The signs were displayed in at least four states, including the divisions of Chisholm, Hawke, Bendigo and Menzies in Victoria, the divisions of Calare and Bennelong in NSW, the division of Blair in Queensland and the division of Boothby in South Australia. One of the non-compliant signs displayed in the Blair electorate attacked Labor MP Shayne Neumann, calling for 'Neumann out & a new man in!'. The AEC has obtained an undertaking from Mr Jonas that he will 'cease distributing material that is not correctly authorised and will ensure that stickers are placed on all existing corflutes and signs'. Updated signage now bears authorisation from 'Morgan C. Jonas 8/220 Collins Street Melbourne Victoria 3000'. Mr Jonas recently shared a post on Facebook that announced the Freedom Party of Victoria would be 'skipping the federal election'. 'You will see me interacting with some of Victoria's minor right candidates, all of whom are solid picks,' he wrote. According to the AEC, authorisations are important because they allow voters to easily find out the source of the electoral matter, persons participating in public debate relating to elections and reforms can be held accountable, and communications of electoral matter can be traced.
West Australian
29-04-2025
- Politics
- West Australian
Right-wing blogger Morgan Jonas enters ‘corflute wars'
The founder of a right-wing minor party has been cautioned by the Australian Electoral Commission (AEC) for displaying non-compliant campaign materials. Morgan Jonas, an alt-right blogger and founder of the Freedom Party of Victoria, was warned by the AEC on Tuesday for only partially authorising corflute political signs. The materials authorised by 'M. Jonas Melbourne Victoria 3000' were deemed non-compliant under the Commonwealth Electoral Act because they did not include Mr Jonas's full name and full street address. The signs were displayed in at least four states, including the divisions of Chisholm, Hawke, Bendigo and Menzies in Victoria, the divisions of Calare and Bennelong in NSW, the division of Blair in Queensland and the division of Boothby in South Australia. One of the non-compliant signs displayed in the Blair electorate attacked Labor MP Shayne Neumann, calling for 'Neumann out & a new man in!'. The AEC has obtained an undertaking from Mr Jonas that he will 'cease distributing material that is not correctly authorised and will ensure that stickers are placed on all existing corflutes and signs'. Updated signage now bears authorisation from 'Morgan C. Jonas 8/220 Collins Street Melbourne Victoria 3000'. Mr Jonas recently shared a post on Facebook that announced the Freedom Party of Victoria would be 'skipping the federal election'. 'You will see me interacting with some of Victoria's minor right candidates, all of whom are solid picks,' he wrote. According to the AEC, authorisations are important because they allow voters to easily find out the source of the electoral matter, persons participating in public debate relating to elections and reforms can be held accountable, and communications of electoral matter can be traced. Mr Jonas has been contacted for comment.
Perth Now
29-04-2025
- Politics
- Perth Now
Right-wing party founder cautioned
The founder of a right-wing minor party has been cautioned by the Australian Electoral Commission (AEC) for displaying non-compliant campaign materials. Morgan Jonas, an alt-right blogger and founder of the Freedom Party of Victoria, was warned by the AEC on Tuesday for only partially authorising corflute political signs. The materials authorised by 'M. Jonas Melbourne Victoria 3000' were deemed non-compliant under the Commonwealth Electoral Act because they did not include Mr Jonas's full name and full street address. One of Morgan Jonas's non-compliant signs. Supplied Credit: Supplied The signs were displayed in at least four states, including the divisions of Chisholm, Hawke, Bendigo and Menzies in Victoria, the divisions of Calare and Bennelong in NSW, the division of Blair in Queensland and the division of Boothby in South Australia. One of the non-compliant signs displayed in the Blair electorate attacked Labor MP Shayne Neumann, calling for 'Neumann out & a new man in!'. Mr Jonas led anti-vaccination and anti-lockdown protests during the Covid-19 pandemic. NewsWire / Wayne Taylor Credit: News Corp Australia The AEC has obtained an undertaking from Mr Jonas that he will 'cease distributing material that is not correctly authorised and will ensure that stickers are placed on all existing corflutes and signs'. Updated signage now bears authorisation from 'Morgan C. Jonas 8/220 Collins Street Melbourne Victoria 3000'. Updated signage now bears authorisation from 'Morgan C. Jonas 8/220 Collins Street Melbourne Victoria 3000'. Supplied Credit: Supplied Mr Jonas recently shared a post on Facebook that announced the Freedom Party of Victoria would be 'skipping the federal election'. 'You will see me interacting with some of Victoria's minor right candidates, all of whom are solid picks,' he wrote. According to the AEC, authorisations are important because they allow voters to easily find out the source of the electoral matter, persons participating in public debate relating to elections and reforms can be held accountable, and communications of electoral matter can be traced. Mr Jonas has been contacted for comment.
