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HIGH COURT OF AUSTRALIA HAYNE J Matter No C17/2013 THE AUSTRALIAN ELECTORAL COMMISSION PETITIONER AND DAVID JOHNSTON & ORS RESPONDENTS Matter No P55/2013 ZHENYA WANG PETITIONER AND DAVID JOHNSTON & ORS RESPONDENTS Matter No P56/2013 SIMON MEAD PETITIONER AND DAVID JOHNSTON & ORS RESPONDENTS Australian Electoral Commission v Johnston Wang v Johnston Mead v Johnston [2014] HCA 5 18 February 2014 C17/2013, P55/2013 & P56/2013 ORDER 1. The questions of law which, on 13 December 2013, were ordered to be tried separately be answered as follows:

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Australian Electoral Commission v. Johnston

Judgment

Alleged Acts: Two candidates for the 2013 election obtained a difference of fourteen votes. A recount was called and the Commissioner discovered that over 1,00 ballots were lost. The recount overturned the prior election results. The Electoral Commission filed a petition to consider the election void on account of the lost ballots.

Summary: The loss of over 1,000 ballots and small margin success, the voters were deprived of their right to elect the public officeholders. Duly elected official requires the will of the people and margin of success here is larger than the number of lost ballots.

Conclusion: The court declared the election void and found itself unable to determine the lawful winner. The court order a special election.

Legal Issue(s)

Electoral Administration Irregularities
Electoral Integrity

Applicable Law(s): Commonwealth Electoral Act s 360, 362, 365 (Austl.).

Region: Asia-Pacific

Country: Australia

Language of Decision

English

Court: Supreme Court

Election Type: General

Date of decision: Feb 18, 2014

Geolocation

Latitude: -35.29772788

Longitude: 149.0992955

: Geolocation

Primary Documents

Australian Electoral Commission v. Johnston.pdf
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