Let's start the new blogging year with a bang. 😩
The legal challenge to the October 2023 Fremantle local government election results, in the Fremantle Magistrates Court on January 10, could easily be dismissed as Trumpian sour grapes by sore losers, who have tried in vain to get their preferred candidates elected for decades, but that would be too simplistic and unfair.
The major fact, and main reason for the appeal, is the unbelievable blunder by the WA Electoral Commission, that initially sent out the wrong ballot papers to voters in the new Central and Coastal Wards. Although the WAEC rectified that error fast and the proper ballot papers arrived only a few days later, it gave immediate concern that it could have an impact on the election. But did it? Some people claim it did, others believe it did not. I assume those opinions depend on the candidates one supported.
Looking at the voter participation numbers in the four wards, it is hard to argue that Coastal Ward had an unusual low voter participation because of the WAEC mix up, when in fact it had the highest ballot return of all four wards
East Ward had 35.87% returns, North Ward 34,31%, while Central had 30.56% and Coastal Ward 40.95%. In Central Ward voter participation was low, but Geoff Graham beat Steve Pynt by a comfortable 330 votes, in a two men race, so hard to argue that there could have been a different outcome there if the ballot paper debacle had not occurred.
After preferences, Jemima Williamson-Wong received 955 votes, or 38.45% in Coastal Ward, and Marija Vujcic got 885 votes, or 35.59%, with a difference of a mere 70 votes.
The first question, a former judge I talked to wondered about, is if anyone can challenge an election outcome, or only candidates? In Freo's case a group calling themselves the Greater Fremantle Community&Business Group are challenging the election results. They were also the ones who strongly supporting unsuccessful candidates Marija Vujcic and Steve Pynt during the election campaign.
So it is first of all up to the magistrate to rule if this legal challenge can be called by this community group of disgruntled voters. If so, there needs to be a strong argument, and facts and figures, that the election outcome was impacted by the inexcusable blunder of the WAEC. That seems a questionable argument when one sees the high voter participation in Coastal Ward especially.
There is no doubt whatsoever though that the community, and winners and losers alike, want elections to be conducted in a proper manner to get fair results. I received the wrong ballot paper, for Central Ward, on a Friday, but the correct one for Coastal Ward three days later on Monday, so it was no big deal.
Will the WAEC be able to convince the magistrate that their blunder did not negatively impact on voter participation and the election results, or will the GFCBG be successful and get another go at getting their candidates elected for Fremantle Council?
I don't know if an election in Fremantle was ever challenged in court before, so this might be a first for our city. South Ward went to a second election a few years ago, when the WAEC wrongly allowed a non eligible candidate to nominate.
If a costly new election has to be held, new candidates can also nominate, but some of those who stood for the October ballot, might no longer have the energy, desire or money to do another tiring election campaign. That means it could be a whole new ball game.
Or might Fremantle voters just be fed up with yet another election, with the same arguments, disagreements and promises, and bother even less with returning their ballot papers? Time will tell.
Roel Loopers
