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
NEW YEAR LEGAL ELECTION CHALLENGE FOR FREMANTLE
Let’s start the new blogging year with a bang. 😩
The legal challenge to the October 2023 Fremantle local government election results, in the Fremantle Magistrates Court on January 10, could easily be dismissed as Trumpian sour grapes by sore losers, who have tried in vain to get their preferred candidates elected for decades, but that would be too simplistic and unfair.
The major fact, and main reason for the appeal, is the unbelievable blunder by the WA Electoral Commission, that initially sent out the wrong ballot papers to voters in the new Central and Coastal Wards. Although the WAEC rectified that error fast and the proper ballot papers arrived only a few days later, it gave immediate concern that it could have an impact on the election. But did it? Some people claim it did, others believe it did not. I assume those opinions depend on the candidates one supported.
Looking at the voter participation numbers in the four wards, it is hard to argue that Coastal Ward had an unusual low voter participation because of the WAEC mix up, when in fact it had the highest ballot return of all four wards
East Ward had 35.87% returns, North Ward 34,31%, while Central had 30.56% and Coastal Ward 40.95%. In Central Ward voter participation was low, but Geoff Graham beat Steve Pynt by a comfortable 330 votes, in a two men race, so hard to argue that there could have been a different outcome there if the ballot paper debacle had not occurred.
After preferences, Jemima Williamson-Wong received 955 votes, or 38.45% in Coastal Ward, and Marija Vujcic got 885 votes, or 35.59%, with a difference of a mere 70 votes.
The first question, a former judge I talked to wondered about, is if anyone can challenge an election outcome, or only candidates? In Freo’s case a group calling themselves the Greater Fremantle Community&Business Group are challenging the election results. They were also the ones who strongly supporting unsuccessful candidates Marija Vujcic and Steve Pynt during the election campaign.
So it is first of all up to the magistrate to rule if this legal challenge can be called by this community group of disgruntled voters. If so, there needs to be a strong argument, and facts and figures, that the election outcome was impacted by the inexcusable blunder of the WAEC. That seems a questionable argument when one sees the high voter participation in Coastal Ward especially.
There is no doubt whatsoever though that the community, and winners and losers alike, want elections to be conducted in a proper manner to get fair results. I received the wrong ballot paper, for Central Ward, on a Friday, but the correct one for Coastal Ward three days later on Monday, so it was no big deal.
Will the WAEC be able to convince the magistrate that their blunder did not negatively impact on voter participation and the election results, or will the GFCBG be successful and get another go at getting their candidates elected for Fremantle Council?
I don’t know if an election in Fremantle was ever challenged in court before, so this might be a first for our city. South Ward went to a second election a few years ago, when the WAEC wrongly allowed a non eligible candidate to nominate.
If a costly new election has to be held, new candidates can also nominate, but some of those who stood for the October ballot, might no longer have the energy, desire or money to do another tiring election campaign. That means it could be a whole new ball game.
Or might Fremantle voters just be fed up with yet another election, with the same arguments, disagreements and promises, and bother even less with returning their ballot papers? Time will tell.
Roel Loopers
THE FREO ELECTION CHALLENGE
As I understand it, the Greater Fremantle Community&Business Association is challenging the outcome of the October 2023 Fremantle Local Government Election on the assumption that the error by the WA Electoral Commission, that initially sent the wrong ballot papers to voters in the Central and Coastal Wards, influenced the results of the election.
The two contested Wards however did have substantially higher voter participation than East and North Wards, where there was no issue with getting the wrong ballot papers.
The WAEC reports that the voter participation in East Ward was 35.87%, in North Ward 34.31%, in Coastal Ward 40.95% and for Central Ward 41.09%.
The hearing in the Fremantle Magistrate Court will be on January 10 at 9.30am.
Roel Loopers
FREMANTLE ELECTION CHALLENGE
The legal challenge to the Fremantle local government election outcome will be heard in the Fremantle Magistrate Court on January 10. The challenge is initiated by a group that calls themselves the Greater Fremantle Community&Business Association.
I am looking forward to hearing the arguments.
Roel Loopers
LEGAL CHALLENGE AGAINST FREMANTLE ELECTION?
Unconfirmed rumours have it that the ‘Court of Sour Losers’ will have to deal with a challenge against the outcome of the October 2023 Fremantle Local Government Election.
How very sad.
I have contacted the City of Fremantle CEO, the Mayor, and the media department for confirmation, so stay tuned.
UPDATE: The CoF confirms they have been notified that a magistrate will hear a case against the Electoral Commission about the Fremantle Local Government Election.
Roel Loopers
RE-ELECTION FOR FREO DEPUTY MAYOR
There will be a special meeting of Fremantle Council this evening, as there has to be a re-election for the position of Deputy Mayor, that went to Councillor Jenny Archibald last Wednesday at the Ordinary Council meeting.
The City of Fremantle responded to my question:
“There will be a Special Council Meeting at 6pm tonight.
An error in the counting of ballots at Wednesday’s Ordinary Council Meeting was identified and consequently the process was ruled invalid. A new election will now be held to elect the Deputy Mayor position. The meeting will be open to the public and livestreamed.”
And what process is followed to determine the new Deputy Mayor?
The votes are to be counted, and the successful candidate determined, in
accordance with Schedule 4.1 of the Local Government Act 1995. A councillor
must cast 1 first preference vote by writing on the ballot paper the numeral 1 in
the square opposite the name of the candidate for whom the councillor votes as
their first preference. If there are 2 or more other candidates, the councillor may
cast preference votes by writing consecutive numerals from 2 (without repetition
of any numeral) in the squares opposite the names of other candidates to indicate
the order of the councillor’s preference for those other candidates.
Where the office of the Deputy Mayor has only two candidates, the first-
preference votes for each candidate must be counted and the candidate who has
the greater number of first-preference votes is elected.
Where the office of the Deputy Mayor has three or more candidates, the first-
preference votes for each candidate must be counted. A candidate is elected if the
number of first-preference votes for the candidate exceeds 50% of the total
number of all the first-preference votes for candidates.
If two or more remaining candidates receive the same number of votes, the count
is to be discontinued and not more than 7 days later, a special meeting of council
is to be held. Nominations may be withdrawn, and further nominations may be
made. At the special meeting the council members are to vote again
Roel Loopers
THE ELECTION IS OVER. WE CAN MOVE ON
The Local Government Elections have been decided, and as always there have been winners, but no losers. Everyone who is willing to step up for their community and nominate for their local council deserves a pat on the back and a big thank you from all of us.
In Fremantle fewer than 40% of people participated in the democratic process. It always makes me wonder why so many people, in such an engaged community, can’t be bothered to vote. It is so disappointing.
The optional preferential voting was popular, and decided the outcomes of the Coastal Ward and East Ward. I believe it is fantastic that 21-year-old Jemima Williamson-Wong will represent Coastal Ward on Council. She is the youngest ever Councillor in Fremantle and the first ever Councillor for new the Coastal Ward.
In East Ward sitting member, and Deputy Mayor Frank Mofflin, won ahead of Felicity Newman, which means that two out of three sitting members got re-elected, as Geoff Graham won Central Ward, but Marija Vujcic was unsuccessful trying to get a second term.
In North Ward Ingrid van Drossen comprehensively beat Mark Woodock, who also had been unsuccessful against Doug Thompson two years ago.
It is clear that the Fremantle voters rejected negativity and want their Councillors to focus on the future. The new Councillors are two intelligent women with a positive attitude. They will no doubt make their mark for Fremantle over the next four years.
Election night was very frustrating for the candidates and people in the public gallery, because the WA Electoral Commission officer did not communicate with us. We had no idea, until 9.45pm why the election results were not announced, but apparently that was all due to the WAEC computer being slow. So we had to return on Sunday morning, and finally found out the winners at 12.25pm. They were only declared by the WA Electoral Commission late on Tuesday though.
One has to wonder why we can get the results of Federal Elections on election night, but that for tiny Freo, that was only voting for four wards and 15 candidates, we had to wait three days. Can’t the WAEC scan the ballot papers and let the computer do the calculations? Surely, if we can fly to the moon, we should be able to put a better and faster process in place.
But anyway, I am happy with the election outcome. Fremantle voted for progressive and future-focused candidates. To have such a young Councillor in Jemima Williamson-Wong could well invigorate out local government. I have no doubt that she will assertively engage in the process and ask a lot of questions.
The four Elected Members were sworn in last evening at the Ordinary Council meeting. New Deputy Mayor is now Jenny Archibald, who was elected by her fellow Councillors, and took over from Frank Mofflin, who had been doing that job for the last two years.
That brings me to the often-heard worry that our Elected Members not always get sufficient information from staff. That needs to change. Councillors need to demand that they get what they need to make good decisions, and the administration needs to step up and improve.
Congratulations to all who were elected. You will now be relentlessly scrutinised by the Fremantle community, and by me. We voted for you, so do us proud and make Freo the best place on earth!
Roel Loopers
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TIGHT ELECTION RESULT FOR FREMANTLE COASTAL WARD
The Fremantle Council Local Government Election for the new Coastal Ward was the closest result of the four Fremantle Wards, so above the official figures from the WA Electoral Commission, which show that Jemima Williamson-Wong won by 164 votes, after preferences, over Marija Vujcic.
Roel Loopers
STILL NO ELECTION CONFIRMATION FOR TWO FREMANTLE WARDS
The WA Electoral Commission has still not officially confirmed the election outcome for the Fremantle Council East and Coastal wards. Why on earth is this taking so long? If that is what preferential voting does, we might as well forget it.
Voting closed at 6pm on Saturday October 21, but at 12.10pm on Tuesday October 24, 66 long hours later, we still don’t know the official results. That is not fair to the candidates and the public. It is a shambles.
Roel Loopers
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