Liberal candidate Gisele Kapterian petitions High Court over 150 ballots

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5 days ago

The defeated Liberal candidate for the federal electorate of Bradfield has raised doubts about more than 150 ballots, in a petition asking the High Court to overturn the result.
The first full distribution of preferences in the seat on Sydney's north shore had Liberal candidate Gisele Kapterian ahead by eight votes, but a recount saw independent Nicolette Boele declared the winner by 26 votes.
After almost six weeks, Ms Kapterian announced on Monday she would take the result to the High Court, sitting as the Court of Disputed Returns.
"We are requesting a targeted final examination of a small number of 'line ball' ballots," Ms Kapterian said in a statement posted to social media.
She has now lodged a petition, asking the court to overturn the result and declare her the winner.
The petition claims the electoral officer wrongly rejected at least 56 ballots which favoured Ms Kapterian.
This includes 22 ballots where the officer concluded certain numbers were not distinguishable from other numbers, and 34 ballots where numbers were deemed illegible.
Ms Kapterian argues, taking the ballot papers as a whole, it was clear "that the voter intended to indicate a first preference for 1 candidate and an order of preference for all remaining candidates".
Ms Kapterian has further identified at least 93 ballots favouring Ms Boele which she claims were wrongly admitted, despite similar issues.
She argues a further two ballots favouring Ms Boele were admitted despite "having upon it a mark or writing … by which the voter could be identified."
In her social media post, Ms Kapterian said in launching a legal challenge, she was not questioning the integrity of the electoral system.
"This process has only served to reaffirm my faith in Australia's democratic institution," she said.
The new parliament is due to sit for the first time next week, and Ms Boele has said she is preparing to deliver her first speech the week after.
In her own social media statement, she said she would seek donations to fund her legal costs.
"We can't rely on volunteers in the High Court, we need good lawyers and that is expensive," Ms Boele said.
It is not yet known when the Court of Disputed Returns might sit to hear the case.