Triangulum
Dignitatis Contentio
- Joined
- Nov 13, 2005
- Messages
- 2,084
- Gender
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- HSC
- 2006
http://www.abc.net.au/news/stories/2008/01/29/2149232.htm
The seat was initially won by Labor candidate Rob Mitchell, by seven votes, but it was later awarded to former minister Fran Bailey, who won by 12 votes in a recount.
Labor's National Secretary Tim Gartrell says the Electoral Commission wrongly excluded a number of votes from the recount because of poor handwriting.
Mr Gartrell says there are 640 ballots he wants the Court of Disputed Returns to review.
"We're not saying there's been any rorting or irregularities here, we don't agree with the the Electoral Commissioner's interpretation, it's a legal principle, it's not an allegation of rorting," he said.
"We believe that it's a very important legal principle that goes back to the 1920s, that if the voter's intention is clear and the handwriting's not perfect then you rule in favour of the intention.
"There's a lot of people with different styles of handwriting but it becomes clear when you're numbering one to eight - if every number's there except the five and the five looks a little like an S, then that intention is pretty clear and we believe that should be counted."
Ms Bailey says the ALP has broken a commitment to abide by the result of the recount.
She says she is extremely disappointed by Labor's decision to seek a review by the Court of Disputed Returns.
"This completely flies in the face of the ALP commitment that they would abide by the umpire's decision," she said.
"You can't keep counting votes until you get the result that you want, you have to abide by the umpire's decision - it was certainly a commitment I gave and so too did the ALP."