FREMANTLE LOCAL GOVERNMENT ELECTION CHALLENGE HAS A LONG WAY TO GO
Today’s legal challenge to the Fremantle October 2023 Local Government Election at the Fremantle Magistrates Court was a curious one. Someone called it a farce, but I don’t want to be disrespectful to the court.
The 9.30am allocated start for it was not adhered to, so it felt more like going to a GP, where one often has to wait endlessly. When the 30+ strong public finally walked in at 10.15am, we were ordered out, because the magistrate had declared it was a closed hearing. That seems strange when this is all about public transparency to the electoral process.
The court officer was trying to get someone who represented the WA Electoral Commission, but on three occasions called out for WA Electrical, and that did not apply to anyone.
Those who attended court reported that it had been all about the legalities of the challenge, and if interested parties, who had initiated the challenge, could prove that they are actually interested parties to the election outcome. This layman would have thought that anyone voting in Fremantle is an interested party, but I am not a lawyer or judge.
Anyway, the challengers now have to submit an affidavit that shows proof of their claim that they are an interested party.
It was funny to read that Marija Vujcic, who lost the Coastal Ward election, wrote in her challenge that she was dissatisfied with the election outcome. I have yet to come across anyone who lost an election and was happy about it.
Anyway, we will now have to wait until a new date for a court hearing will be set.
For me the interesting part is how anyone is going to prove that the slightly flawed voting process, actually influenced the outcome of the election. But as I said, I am neither a judge or a lawyer.
Roel Loopers
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But is not politics all about power? The power to make decisions for and on behalf of the community, and to shape the future and destination of our cities, states and country? Some of those elected might not be suited for that responsibility, but most of them make a pretty good effort, from my long scrutiny of Fremantle Council.
Roel
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I consider Chris and Ian both make excellent points.
Plus it WAS deeply flawed, how can people whose job is to run the elections get it so wrong? Their exciting opportunity to shine is every four years and they mucked it up.
I didn’t get a vote and was not permitted on Election Day. I am not alone.
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I was just writing in another place about the human race’s inability to separate leadership from power.
The great Douglas Adams said it best…
“It is a well-known fact that those people who most want to rule people are, ipso facto, those least suited to do it…”
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A couple of comments, Roel.
First, ANYONE who feels they have an interest in the actions can apply to be included – this includes all Coastal and Central ward electors and, potentially, any City of Fremantle ratepayer if City of Fremantle has to bear the cost of a new election (although the latter is probably an unlikely outcome, since it would presumably be on the basis that the WA Electoral Commission failed in its duty to the City of Fremantle in carrying out the local government election, so should bear the costs of a rerun).
Applications must be made within the 14 days and the court will then determine which to accept.
Second, I don’t think it is necessary to prove that the flawed process (NOT ‘slightly’ flawed) “actually influenced the outcome of the election” but simply that it had the potential to do so.
Incidentally, the ‘flawed process’ is more than simply the ‘wrong ballot papers’ issue but also the fact that were a large number of unexplained errors and inconsistencies in the day-by-day ballot paper returns statistics provide by the WAEC online.
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