WA Senate election: Dozens to recast vote due to ballot box problem

Updated

Dozens of people at an aged care facility in Perth will have to vote again in the WA Senate election re-run because of a problem with a ballot box.

The Australian Electoral Commission (AEC) has been investigating the handling of about 75 ballot papers cast earlier this week at the Merriwa Estate RAAFA retirement village in Perth's northern suburbs.

The AEC said an unsecure ballot box used at the facility meant the ballots were invalidated, and those who cast their vote would have to vote again.

The ABC understands that when AEC staff had trouble constructing the official box, they used a temporary unsealed box covered with a piece of blue plastic to collect the votes.

They were then dumped into the official AEC box, sealed up and sent back to the AEC.

A resident of the aged care facility was understood to have raised concerns about the process.

A relative then contacted the AEC.

Betty Lukeis, 87, said she cast her vote while visiting a friend at the village on Monday at a mobile pre-polling facility run by the AEC.

"I'm waiting for them to say, go and do it again," she said.

She said she did not see the apparently faulty ballot box.

"I didn't put it in a box, the lady said she'd fix it up for me," she said.

The ABC understands Ms Lukeis is one of a number of people who do not live at the facility but voted at the mobile polling station.

The AEC's Phil Diak said there was provision in the Commonwealth Electoral Act for someone who is not able-bodied to be assisted while they voted.

He said he was unaware of any complaint from the public about the process on the day.

“When it was discovered that the ballot box was insecure a mobile team contacted the AEC divisional office," he said.

“Obviously the AEC is working closely together on this election, so this issue was quickly made aware more broadly within the AEC (to) people working more broadly on this election."

When asked if the voting continued even though the staff knew the box was insecure he said:

“The AEC team in attendance on Monday, it was a scheduled time for mobile polling, that was a motivation in issuing those votes."

He also refused to comment on whether legal advice received that the votes were invalid were open to legal challenge.

In an earlier statement, the AEC said a mobile polling team attended the facility on Monday and identified a problem with the construction of the ballot box.

"The team applied a temporary solution, however the container used was later found to be not fully secure in accordance with the requirements of the Commonwealth Electoral Act 1918," the statement said.

"The AEC has since obtained legal advice about this matter, and those affected voters are considered to have not voted in this election.

"Accordingly, the AEC is able to remedy this situation and protect the franchise of those voters by enabling them to validly cast their vote.

A new mobile polling station is expected to be set up at the Merriwa care facility tomorrow.

WA Premier Colin Barnett said while it was a concern, it was understandable.

"Conducting an election in a state as big as Western Australia, with sometimes elderly people, remote communities, volunteers, part-time workers involved, sometimes something will go wrong," he said.

"So let's not be too hard in judging people in trying to conduct a re-run of the Senate election."

Parties seek explanation

But the Liberal Party is seeking an explanation and both the Labor Party and the Greens are concerned.

Opposition Leader Bill Shorten said he received an email about the incident last night.

"And I went, 'oh my goodness, it's not groundhog day'," he told ABC Local Radio in Newcastle.

Later he said the mistake was not cause to call off the byelection.

"I'm concerned if the AEC is getting ballot papers mixed up or contaminated. I'm not about to pack up and cancel the election though," he said.

"Western Australians have been inconvenienced by the AEC."

We have no confidence going into the election that there'll be a fair, just and transparent result on the weekend. Clive Palmer, Palmer United Party

Greens Senate candidate Scott Ludlam, who is vying with Labor and the Palmer United Party (PUP) for a seat, earlier said he hoped there would be "no slip-ups this time".

"Given the expense and the inconvenience that this has caused people and the fact we've been on an election footing effectively for a year, and we still don't know the final make-up of the Senate, I think every West Australian would be calling on the AEC to take care of the ballot papers this time please," he told Radio National Breakfast.

"So that we have an election that people can have confidence in."

PUP leader Clive Palmer says the latest ballot box issue "indicates the AEC has not got its act together and signals great concerns for the integrity of the WA Senate re-election".

"We have no confidence going into the election that there'll be a fair, just and transparent result on the weekend," he said.

"All Australians must be concerned wherever they live, not just Western Australians, that we have a fair and transparent electoral process."

He said the 1,370 votes lost during the September recount was "at the expense of our party and candidates" and the latest issue "could be an attempt to rig this election".

With a record number of candidates standing, and influence over the federal balance of power at stake, the re-run of the election is a closely watched event.

A total of 62 candidates contested the first WA Senate election but the fresh election has attracted 77, including a host of new micro-party representatives.

Shorten backs ALP candidate Joe Bullock

The ALP's number one candidate, former union leader Joe Bullock, has confirmed he was convicted of common assault in 1996.

Through a spokesman, Mr Bullock said he regretted the incident but claimed he was provoked.

The conviction does not legally preclude him from standing for Parliament or holding the seat.

Mr Shorten said he had only briefly seen the reports.

"From what I know of Joe Bullock, he's represented people and endeavoured to get low-paid people a better deal, and worked with employers to create more productivity," he said.

"So I believe he's good."

Mr Bullock is a former West Australian secretary of the Shop Distributive and Allied Employees Association and was elected to the Senate in the September federal poll.

Topics: federal-elections, elections, government-and-politics, wa

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