Outcome of City of Fremantle’s 2023 council election ballot mix-up trial to be decided within a fortnight

The outcome of the City of Fremantle’s 2023 council elections should finally be ratified within a fortnight — 16 months after voters went to the polls. A two-day trial was held late last year to test the validity of Fremantle’s elections after a ballot mix-up and is due to wrap up in Perth’s Central Law Courts on February 11 when Magistrate Trevor Darge reveals his decision. During the trial last year, the court was told a coding error by the WA Electoral Commission resulted in 12,000 voters being issued incorrect ballots. Separate challenges were lodged in the Court of Disputed Returns by former Fremantle councillor Marija Vujcic, who lost her seat, and a community group known as the Greater Fremantle Community & Business Association. Ms Vujcic was ousted at the last elections by Cr Jemima Williamson-Wong, who joined proceedings as an interested party. The complaint is challenging the results of the Coastal and Central wards, which are now represented by Crs Williamson-Wong and Geoff Graham respectively. The lawyer representing the GFCBA, Tim Houweling, called for the election “to be declared invalid”, describing the mix-up as a “defect striking at the heart of the election” and the attempt to correct that error was “deficient” and “undermined democracy”. The error was identified on September 27 last year, resulting in ballot papers being reprinted for the Coastal and Central wards and sent to affected ratepayers. On October 4, the WAEC issued a statement on its website asking electors with incorrect packages to destroy them and await new papers. “The WA Electoral Commission has identified an error in the mail distribution of postal ballot paper packages within the City of Fremantle, with two wards affected,” it said. Multiple ratepayers within Fremantle were called as witnesses. Naomi Caceres told the court she did “not recall” a pamphlet explaining the mistake. Craig Ross told the court he was overseas and did not vote because he thought the second set of ballot papers wouldn’t be mailed in time. Mr Houweling said the election “ought to be declared invalid”.

Outcome of City of Fremantle’s 2023 council election ballot mix-up trial to be decided within a fortnight

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