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| NSW Liberals to launch court challenge after losing Sydney seat of Bradfield to teal independent | NSW Liberals to launch court challenge after losing Sydney seat of Bradfield to teal independent |
| (32 minutes later) | |
| Independent Nicolette Boele defeated Gisele Kapterian with wafer-thin margin of 26 votes after dramatic election recount | Independent Nicolette Boele defeated Gisele Kapterian with wafer-thin margin of 26 votes after dramatic election recount |
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| The New South Wales Liberal party will launch a court challenge after losing the Sydney seat of Bradfield, asking a judge to recount some of the ballots that led to independent Nicolette Boele’s 26-vote margin. | The New South Wales Liberal party will launch a court challenge after losing the Sydney seat of Bradfield, asking a judge to recount some of the ballots that led to independent Nicolette Boele’s 26-vote margin. |
| Boele was declared the winner on 4 June, defeating the Liberal party’s candidate Gisele Kapterian after a month-long count. The seat had been held by the Liberal party since its creation in 1949. | Boele was declared the winner on 4 June, defeating the Liberal party’s candidate Gisele Kapterian after a month-long count. The seat had been held by the Liberal party since its creation in 1949. |
| “After careful consideration of the two different results of the counts in Bradfield, we have taken the decision to go to the umpire,” Kapterian said in a statement on Monday. | “After careful consideration of the two different results of the counts in Bradfield, we have taken the decision to go to the umpire,” Kapterian said in a statement on Monday. |
| “We are requesting a targeted final examination of a small number of ‘line ball’ ballots that were reserved and considered by the Australian Electoral Officer during the counts.” | “We are requesting a targeted final examination of a small number of ‘line ball’ ballots that were reserved and considered by the Australian Electoral Officer during the counts.” |
| Kapterian stressed she was not questioning the integrity of the electoral system and believed the additional scrutiny would boost confidence in the system. | Kapterian stressed she was not questioning the integrity of the electoral system and believed the additional scrutiny would boost confidence in the system. |
| “Every vote counts,” she said. | “Every vote counts,” she said. |
| Boele was approached for comment on Monday night. | Boele was approached for comment on Monday night. |
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| The Australian Electoral Commission initially said Kapterian won on the first distribution of preferences by eight votes, before a recount was ordered. The final result followed rulings on ballot formality. | The Australian Electoral Commission initially said Kapterian won on the first distribution of preferences by eight votes, before a recount was ordered. The final result followed rulings on ballot formality. |
| At the end of the recount, Boele had 50.01% of the total vote, ahead of Kapterian’s 49.99%. | At the end of the recount, Boele had 50.01% of the total vote, ahead of Kapterian’s 49.99%. |
| Bradfield was the last outstanding seat from the 3 May election and the Liberals kept open the possibility of a challenge in the court of disputed returns. | Bradfield was the last outstanding seat from the 3 May election and the Liberals kept open the possibility of a challenge in the court of disputed returns. |
| In asking the court to recount a small number of ballots, the party’s bid is similar to the 2008 challenge in the Victorian seat of McEwen, when the former small business minister Fran Bailey defeated Labor’s Rob Mitchell by just 27 votes. | |
| Mitchell had initially been declared the winner, with a margin of just seven votes. Bailey raised a number of irregularities with the original count, including instances where some ballot papers were found hidden within others. That challenge took more than 220 days to be resolved. | Mitchell had initially been declared the winner, with a margin of just seven votes. Bailey raised a number of irregularities with the original count, including instances where some ballot papers were found hidden within others. That challenge took more than 220 days to be resolved. |
| A federal court judge said the AEC had wrongly counted nine votes that should have been found to be informal. More than 140 ballots were allowed to be counted, after initially being found to be informal. | A federal court judge said the AEC had wrongly counted nine votes that should have been found to be informal. More than 140 ballots were allowed to be counted, after initially being found to be informal. |
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| Kapterian was appointed a shadow assistant minister in Sussan Ley’s Coalition frontbench, pending the recount. She is expected to be replaced by another Liberal. | Kapterian was appointed a shadow assistant minister in Sussan Ley’s Coalition frontbench, pending the recount. She is expected to be replaced by another Liberal. |
| Within 40 days of the election writ being returned, any candidate or elector from the seat can “petition” its result. That process involves a formal pleading to the court of disputed returns. For national elections, that usually means the high court. | Within 40 days of the election writ being returned, any candidate or elector from the seat can “petition” its result. That process involves a formal pleading to the court of disputed returns. For national elections, that usually means the high court. |
| Only 50 challenges to House of Representatives results have been considered by the court of disputed returns since 1907. | Only 50 challenges to House of Representatives results have been considered by the court of disputed returns since 1907. |
| Boele was backed by Simon Holmes à Court’s Climate 200 group, and the Liberals pumped significant resources into holding the seat, previously held by Paul Fletcher. | Boele was backed by Simon Holmes à Court’s Climate 200 group, and the Liberals pumped significant resources into holding the seat, previously held by Paul Fletcher. |
| Bradfield takes in north shore suburbs, including St Leonards, Killara and Wahroonga, and borders the electorates of Warringah and Mackellar, held by teal independents Zali Steggall and Sophie Scamps, respectively. | |
| The Australian Financial Review first reported the Bradfield challenge on Monday. | The Australian Financial Review first reported the Bradfield challenge on Monday. |