Liberal Party to launch legal action after losing Sydney seat of Bradfield at federal election
In a statement on Monday night, Liberal Giselle Kapterian said the decision to go to the "umpire" was about ensuring the final outcome reflected the "true wishes of the voters".
"While the second count resulted in a 26 vote lead for Ms Boele. Today's decision is taken to ensure the intentions of the voters of Bradfield are accurately reflected in the final count."
She added that this step would "provide collective confidence" and "remove any remaining doubts created by the two conflicting counts".
However, she also pointed out the move was not about casting doubt over the electoral system.
"To be clear, there is no question regarding the integrity of our electoral system.
"In fact, this process has only served to reaffirm my faith in Australia's democratic institution.
"I am grateful for the AEC's [Australian Electoral Commission] tireless work in delivering the two very close counts."
Ms Boele was declared the winner on June 4, more than a month after voters went to the polls.
The challenge will be taken to the Court of Disputed Returns. The Chief Justice of the High Court would nominate a High Court or Federal Court judge to sit as the Court of Disputed Returns.
After weeks of uncertainty, Ms Boele beat Ms Kapterian by just 26 votes, with each woman leading in the electorate at different points.
Ms Kapterian released a statement a short time after her opponent declared victory and promised to "carefully review the two counts", leaving the door open for a legal challenge.
The historically blue-ribbon seat was initially called for Ms Kapterian on May 12 by the ABC's chief election analyst Antony Green, when she was ahead by about 200 votes.
But as the count continued, the number of votes between the pair shrank, and a week later Ms Boele took the lead as the provisional winner.
Ms Boele remained ahead by 40 votes after the unofficial distribution of preferences, however as the counting entered its final stages, Ms Kapterien pulled ahead once more by eight ballots.
Under the Australian Electoral Commission's policy, a recount was ordered, as is the case in all contests won by fewer than 100 votes.
In an interview with ABC's Afternoon Briefing in June, Ms Kapterian said she was not rushing into a legal contest.
"It's the two different outcomes that we're having look at now, taking a moment to breathe, taking advice … to really understand where the numbers lie and what might lie ahead," Ms Kapterian said.
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