City councillor faces legal challenge over election
Unsuccessful Adelaide City Council candidate Kelly Henderson has launched legal proceedings against the election of Sandy Verschoor, InDaily can reveal.
Town Hall. Photo: Nat Rogers/InDaily
Henderson, who stood as a candidate in the by-election that elevated Verschoor, has launched legal action in the Court of Disputed Returns suggesting the outcome of the election was invalid.
Henderson’s claims about the by-election conduct have been presented in documents to the court ahead of a hearing on Monday.
Henderson wouldn’t comment on the substance of her allegations.
Verschoor, a former general manager of arts and culture at the council, was elected late last year to replace Robert Simms after he resigned his council position to become a Greens Senator for South Australia.
Area councillor Sandy Verschoor.
Former council candidate Kelly Henderson.
Henderson was one of 13 candidates who stood for the by-election. She also ran unsuccessfully for Lord Mayor in 2014.
Henderson came to prominence most recently as a vocal critic of the extension of the O-Bahn through Rymill Park.
She has also has repeatedly taken the council to court disputing works in the parklands.
A council spokesperson told InDaily that while a number of its staff acted as electoral officers during the by-election, the Electoral Commission was primarily responsible for running the poll.
“The Electoral Commission of South Australia retains primary responsibility for the conduct of Local Government elections, and responding to [Henderson’s] petition,” the spokesperson said.
“The Electoral Commissioner does appoint a number of council staff as electoral officers to assist in the conduct of elections, and these officers are subject to the direction of the commissioner when acting in that capacity.
“As this matter is currently before the court it is inappropriate that council or anyone named in this petition make any further public comment on the particulars.”
Verschoor returned to Australia on a scheduled flight yesterday after attending a performing arts event in Canada, in her additional capacity as general manager for Windmill Theatre.
InDaily understands Acting Electoral Commissioner David Gully is likely to be added as a respondent in the case. The council is also applying to be added as a respondent.
Verschoor and Gully declined to comment on the specifics of the case.
A preliminary hearing in the case will be held in the District Court next Monday.
