A record 1.1 million Victorians cast a pre-poll vote before polling day on November 29. "Any reasonable person would question whether over 30 per cent of the population can't attend one of 1780 polling centres on election day," Ms Rigoni told Fairfax Media. She said the electoral commission allowed residents to vote early without asking why they could not attend a polling booth on election day. "The electoral law states that for people to vote early they can apply at an early-voting centre," she said. "In applying to vote early, they have to make a declaration that they cannot attend a voting day polling centre between the hours of 8am and 6pm. "Attending an early voting centre is not making an application."

Under section 99 of the Electoral Act 2002, a voter may apply to vote early to an election manager or an election official at an early-voting centre, while section 65 allows the commission to designate appropriate voting centres as early-voting centres. Only constituents wanting to cast a postal vote must make a formal application to the commission in writing. Premier Daniel Andrews did not want to comment on the matter but when asked if he trusted the VEC, he said there had been a "properly declared result" in the state election. "At a time when parts of the state are on fire... I'm not going to be diverted into running a commentary on a matter that's before the courts. The courts will deal with this," he said. Ms Rigoni said there should be very few valid reasons why voters could not vote on polling day.

"This isn't about whether early polling is the right thing to do; it's popular, it's flexible. This isn't about that. This is about ... what our legislation says. Who says that it doesn't have to be followed? If it doesn't have to be followed, why do I have to follow any other law in this country?" she said. "Why as a citizen do I pay a fine for going four kilometres over the speed limit if our electoral law isn't respected enough to follow?" But, she later said the election process was being manipulated. "As a candidate I am entitled to speak to people and to campaign to people right up until election day," she said. "Election day is the 'grand final' poll, not two weeks before the election, not 10 days before the election."

Ms Rigoni lodged the petition on Monday. The electoral commission has stood by its practices. "The VEC implements procedures in accordance with legislation," a commission spokeswoman said. "As the matter is before the court, the VEC will respond accordingly." Ms Rigoni received just 1.18 per cent of the primary vote in the Northern Metropolitan Region, behind Labor's Jenny Mikakos and Nazih Elasmar (40 per cent), the Liberal's Craig Ondarchie (21 per cent), the Green's Greg Barber (17 per cent) and the Sex Party's Fiona Patten (2.85 per cent). A directions hearing has been listed in the Practice Court for January 21.