Media Statement - 2nd July 2008
The Federal Court has today announced its rulings on each of the disputed ballot papers in the McEwen election appeal. The case will return to Court for final orders later this week.
It appears from the Court's rulings that although the Court awarded the ALP candidate, Rob Mitchell, a further 59 votes, it also awarded the Liberal candidate, Fran Bailey, a further 74 votes and she will retain the seat by 27 votes.
The ALP National Secretary, Tim Gartrell, said:
“As a result of the case, 142 voters in McEwen, whose votes were ruled informal by the Australian Electoral Officer essentially because of poor hand-writing have now had their votes counted.”
“Ballot-papers should not be interpreted pedantically, but so as to give effect to the voter’s intention.”
“The Court’s ruling on the ballot-papers justifies the decision to challenge the result of the election.”
“While we are of course disappointed that we have not won the seat, it was important to mount the Court challenge in order to establish the correct principles applying to the formality of ballot papers.”