Voters in Kempsey, City of Shellharbour and Singleton will return to the polls this year after their 2021 election results were overturned due to a technical error with the state’s electronic voting system on election day in December.
The NSW Supreme Court today approved an application by the NSW Electoral Commission to void the results of the three local government elections and ordered that new elections be held.
“With considerable reluctance I consider that, because the system of election for the three Councils is proportional representation, it is necessary to declare all of the Councillors’ elections void,” said Supreme Court Judge, Robert Beech-Jones.
In its submission, the NSW Electoral Commission argued that election results in each of the three municipalities could have been different if all voters who had registered to use the iVote system had been able to vote on the day.
The electronic system failed when registered voters were blocked due to the system failing to recognise their security credentials.
In the case of Kempsey Shire Council, there were 34 electors who were approved by the Electoral Commission but were unable to vote and did not vote by other means.
Analysis of the potential outcome of those 34 votes is what promoted Electoral Commissioner, John Schmidt, to seek a declaration that the Councillor election be declared void.
In a statement this afternoon, Kempsey Shire Council said the entire councillor election result would be voided when the Court hands down formal orders on 5 April. The new election will need to be held within three months of that date.
It said the Kempsey Mayoral election was not materially impacted and the election of Kempsey Shire Mayor Leo Hauville had not been challenged by the Electoral Commission. As such he will remain in office until the next local government election in 2024.
Mayor Hauville said the result was hugely disappointing for the eight Councillors
“I am very disappointed by this decision as the eight councillors have impressed me with both their incredibly hard work and the attitude that they have exhibited under exceptional and stressful times.”
“Democracy is not easy at the best of times. This decision makes it even more of a challenge for the Kempsey community to participate.
“I would like to thank our current Councillors for their efforts and I hope that they will all run for office once more as each of them have much to offer,” the Mayor said.
Kempsey Shire Council General Manager, Craig Milburn said the decision would disadvantage the organisation and the community.
“Council has argued against a new election from the outset as it will cause huge financial cost and community uncertainty at a time when our shire is already responding to the dual impacts of flood and COVID,” he said.
The Court emphasised that there was no wrongdoing on the part of the candidates who were named as defendants and noted that they regrettably would bear the burden of the failure of the iVote system.
