Kiefel CJ Bell J Keane J Nettle J Gordon J Edelman J 10. the Divisional Office to the National Tally Room"32. Again, it was not in dispute that both of these recommendations are given effect in the Commission's established practice for conducting the count of the first preference votes and the Indicative TCP Count. Lack of factual foundation 30 The plaintiffs' contentions about the Indicative TCP Count process, which underpinned both their statutory and constitutional challenges, lacked a factual foundation. It is convenient to address each in turn. No demonstrated effect on electoral choices 31 It was an agreed fact that there was no practicable means, in the time available before the 2019 election, to quantify the extent or likelihood of the effect, if any, on the electoral choices of voters who become aware of the identity of the TCP Candidates in any Division, or the results of the matched polling place projection or the Indicative TCP Count in any Division, if the voters had not already voted and when polls were still open in the Division in which they were electors. 32 Instead, the plaintiffs referred to and relied on three published articles33, each of which concerned overseas jurisdictions – the United States of America, France and Denmark. The plaintiffs submitted that the studies recorded in these articles supported a proposition that voters who were yet to cast their ballot may be influenced by the release of election results elsewhere or by the publication of opinion polls or exit polls while voting booths remain open, sometimes referred to as the "bandwagon effect". Taken as a whole, the articles do not assist the plaintiffs. 32 JSCEM, Conduct of the 1990 Federal Election Part II and Preparations for the Next Federal Election, Interim Report: Counting the Vote on Election Night (1992) at 22 (Recommendation 5). 33 Morton and Williams, "Information Asymmetries and Simultaneous versus Sequential Voting" (1999) 93 American Political Science Review 51; Morton et al, "Exit polls, turnout, and bandwagon voting: Evidence from a natural experiment" (2015) 77 European Economic Review 65; Dahlgaard et al, "Research Note: How Election Polls Shape Voting Behaviour" (2017) 40 Scandinavian Political Studies 330.