This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/world/2014/feb/18/wa-senate-vote-a-step-closer-as-court-rejects-idea-of-a-legal-resolution

The article has changed 4 times. There is an RSS feed of changes available.

Version 1 Version 2
WA Senate vote a step closer as court rejects idea of a legal resolution WA Senate vote a step closer as court rejects idea of a legal resolution
(about 3 hours later)
Western Australians are likely to have to vote again in a half Senate election, after the high court rejected arguments judges could resolve a dispute over missing ballot papers. Western Australians are likely to have to vote again in a half Senate election, after the high court rejected arguments that judges could resolve a dispute over missing ballot papers.
The court reserved its final judgement until Thursday.The court reserved its final judgement until Thursday.
Justice Kenneth Hayne, sitting as the court of disputed returns, rejected the idea that the court had the power to “determine who should have been elected by combining the results of the re-count with the records made in earlier counts about the lost ballot papers”. He said that made it unnecessary to decide whether certain ballot papers had been wrongly accepted or rejected.Justice Kenneth Hayne, sitting as the court of disputed returns, rejected the idea that the court had the power to “determine who should have been elected by combining the results of the re-count with the records made in earlier counts about the lost ballot papers”. He said that made it unnecessary to decide whether certain ballot papers had been wrongly accepted or rejected.
He reserved judgment and said he would make a final decision on Thursday after the parties made fresh submissions about what should happen next.He reserved judgment and said he would make a final decision on Thursday after the parties made fresh submissions about what should happen next.
The Greens WA senator Scott Ludlam said a fresh poll was now “very likely … because it seems to be the only way forward that hasn’t been ruled out by the court today”.The Greens WA senator Scott Ludlam said a fresh poll was now “very likely … because it seems to be the only way forward that hasn’t been ruled out by the court today”.
He said a new poll would be “an opportunity for WA to send a message to Tony Abbott” and the Greens would be campaigning against the government’s planned budget cuts.He said a new poll would be “an opportunity for WA to send a message to Tony Abbott” and the Greens would be campaigning against the government’s planned budget cuts.
Sports party candidate Wayne Dropulich told Guardian Australia he was “definitely” planning to contest any rerun of the WA senate election. Asked whether his micro party had the resources to run another campaign, he said “that’s not really an issue”.
Labor’s national secretary, George Wright, said the party was not waiting for the court’s final judgment on Thursday.
“The ALP argued that senator Louise Pratt should have been declared elected as was the clear intention of voters on polling day. The court has determined that it cannot consider the records of the 1370 ballot papers lost by the Australian Electoral Commission after polling day. The court has also ruled that it cannot look at further disputed ballot papers in this matter,” he said.
But other observers were seeking legal advice on Tuesday about whether the court could still rule on an outcome without sending WA voters back to the ballot box for campaign that, by law, must last at least 33 days.But other observers were seeking legal advice on Tuesday about whether the court could still rule on an outcome without sending WA voters back to the ballot box for campaign that, by law, must last at least 33 days.
The result of a WA half Senate election could potentially change the make-up of the crossbench votes upon which the Abbott government will rely to gain passage of key parts of its legislative agenda. It will also mean parties will be campaigning in the west as the government prepares for what it has signalled will be a “tough” budget in May.The result of a WA half Senate election could potentially change the make-up of the crossbench votes upon which the Abbott government will rely to gain passage of key parts of its legislative agenda. It will also mean parties will be campaigning in the west as the government prepares for what it has signalled will be a “tough” budget in May.
Initial counting after last September’s election gave the fifth and sixth senate positions in WA to the Palmer United party’s Zhenya Wang and the ALP’s Louise Pratt, but after a recount the seats were awarded to the Sports party’s Wayne Dropulich and the Greens’ Scott Ludlam. The count also revealed the Australian Electoral Commission (AEC) had lost 1,370 votes.Initial counting after last September’s election gave the fifth and sixth senate positions in WA to the Palmer United party’s Zhenya Wang and the ALP’s Louise Pratt, but after a recount the seats were awarded to the Sports party’s Wayne Dropulich and the Greens’ Scott Ludlam. The count also revealed the Australian Electoral Commission (AEC) had lost 1,370 votes.
The AEC had petitioned the court to hold another ballot. It has estimated the cost of the new poll at about $11m.The AEC had petitioned the court to hold another ballot. It has estimated the cost of the new poll at about $11m.
Labor, along with the Palmer United party, demanded the court declare the original WA Senate result valid. That would have secured the seats of their candidates.Labor, along with the Palmer United party, demanded the court declare the original WA Senate result valid. That would have secured the seats of their candidates.
In separate petitions, Labor and the PUP argued that, given what is known about the 1,370 missing Senate ballot papers and other mistakes in the counting and recounting process, the court should declare the original winners of the fifth and sixth Senate positions (PUP’s Wang and Labor’s Pratt) elected without another half Senate election being held. The Liberal party also argued against another poll.In separate petitions, Labor and the PUP argued that, given what is known about the 1,370 missing Senate ballot papers and other mistakes in the counting and recounting process, the court should declare the original winners of the fifth and sixth Senate positions (PUP’s Wang and Labor’s Pratt) elected without another half Senate election being held. The Liberal party also argued against another poll.
Under either the existing WA result (three Liberals, one Labor, one Sports party and one Green) or the original result that the ALP and the PUP want to stand (three Liberals, two Labor, one PUP) the government can probably expect four votes in favour of most of its legislative proposals and two against from the six WA senators.Under either the existing WA result (three Liberals, one Labor, one Sports party and one Green) or the original result that the ALP and the PUP want to stand (three Liberals, two Labor, one PUP) the government can probably expect four votes in favour of most of its legislative proposals and two against from the six WA senators.
If a new WA election resulted in the more usual breakdown of three Liberals, two Labor and one Green, or two Liberals, two Labor, one Green and one conservative-leaning independent, it would mean the government could expect three votes in favour of most of its proposals and three against.If a new WA election resulted in the more usual breakdown of three Liberals, two Labor and one Green, or two Liberals, two Labor, one Green and one conservative-leaning independent, it would mean the government could expect three votes in favour of most of its proposals and three against.
That would make the balance of power in the new Senate a much more fluid proposition, possibly reduce the power of the PUP and possibly put the independent senator Nick Xenophon and the Democratic Labour Party senator John Madigan back in the Senate “balance of power” mix.That would make the balance of power in the new Senate a much more fluid proposition, possibly reduce the power of the PUP and possibly put the independent senator Nick Xenophon and the Democratic Labour Party senator John Madigan back in the Senate “balance of power” mix.
It is unclear how WA voters may have shifted since last September. The latest Nielsen poll has the government leading Labor nationwide by 52% to 48% on two-party-preferred terms and Tony Abbott has said a WA poll would be a referendum on the abolition of the mining and carbon taxes.It is unclear how WA voters may have shifted since last September. The latest Nielsen poll has the government leading Labor nationwide by 52% to 48% on two-party-preferred terms and Tony Abbott has said a WA poll would be a referendum on the abolition of the mining and carbon taxes.
But if the poll did result in a different mix of senators from the west, it could change the outcome of some debates in the senate.But if the poll did result in a different mix of senators from the west, it could change the outcome of some debates in the senate.
Xenophon has said he would vote for the repeal of the carbon tax, but says he wants to see evidence the government’s “direct action” policy is “credible”.Xenophon has said he would vote for the repeal of the carbon tax, but says he wants to see evidence the government’s “direct action” policy is “credible”.
He and Madigan will not vote for the government’s proposed abolition of the $10bn Clean Energy Finance Corporation, which is also opposed by Labor and the Greens.He and Madigan will not vote for the government’s proposed abolition of the $10bn Clean Energy Finance Corporation, which is also opposed by Labor and the Greens.
They are more supportive of considered industry intervention than would be suggested by the government’s new “line in the sand”.They are more supportive of considered industry intervention than would be suggested by the government’s new “line in the sand”.