WA Senate count: Labor wants result to stand despite lost ballot papers

http://www.theguardian.com/world/2014/jan/30/wa-senate-labor-wants-result-upheld

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There was no problem with the first count of the West Australian Senate election, lawyers for the Labor party have told a high court judge.

They are pushing for the high court – sitting in Melbourne as the court of disputed returns – to uphold the first count of last year's WA Senate ballots rather than force the whole state to return to the polls.

The submission has been made in response to a call from the Australian Electoral Commission for the WA Senate election to be declared void after 1370 ballot papers were lost before a recount.

The first count delivered the final two WA Senate places to Zhenya Wang of the Palmer United party (Pup) and Labor's Louise Pratt.

After a recount the candidates elected to the fifth and sixth Senate positions were Australian Sports Party candidate Wayne Dropulich and Greens senator Scott Ludlam.

Lawyers for ALP WA state secretary Simon Mead said the recount was not ordered because of an identified problem with the first count, but because the margin was so slim "it was worth checking".

Anthony Lang, acting for Mead, told the court on Thursday the request for a recount was initially rejected, but went ahead following an appeal.

He said that had the appeal been refused the fact of the 1370 ballots being lost would be irrelevant.

"There would have been no argument for the first result being invalid," Lang said.

"We submit that it's not necessary to void the whole election and start again."

Kenneth Barlow, acting for Wang, said the court should strive to avoid declaring the whole election void.

Barlow said declaring the election void would disenfranchise voters.

Justice Kenneth Hayne will deliver a finding on the election on Monday in Canberra.