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‘Extremely disappointing’: Hundreds of council votes under investigation

The SA Electoral Commissioner says he is investigating suspected “voting irregularities” in three council elections, with 90 votes in the Adelaide City Council central ward and 490 Marion Council ballots referred for further scrutiny ahead of tomorrow’s count.

Nov 11, 2022, updated Nov 17, 2022
Photo: SA Electoral Commission/Facebook

Photo: SA Electoral Commission/Facebook

In a statement this morning, SA Electoral Commissioner Mick Sherry said he was investigating suspected “voting irregularities” in the Adelaide City, Marion and West Torrens council elections.

He said attempts to unduly influence the outcomes of elections were “extremely rare” and the Electoral Commission was working to ensure the integrity of the polls.

It comes amid allegations of a potential voter scam targeting international students living in four apartment buildings in the Adelaide City Council central ward.

InDaily reported earlier this week concerns from Lord Mayoral candidate Jane Lomax-Smith that “possible intervention” may have resulted in voting packs not reaching some residents and traders.

In a letter to affected candidates this morning and seen by InDaily, Sherry wrote that his office had developed “additional processes” to handle returned ballots.

He stated the Electoral Commission of SA (ECSA) had isolated ballots from the four apartment buildings under suspicion, assessed the envelopes against enrolment forms, and called electors to confirm their details and whether or not they voted.

“Enquiries have identified 90 returned ballots from electors enrolled at these four apartment buildings to which these additional scrutiny processes are being applied,” he wrote.

“Rejected ballots will be retained, unopened, as provided by the Act, and the declaration flaps for those which have been accepted will also be retained.

“Further to the above measures, I will be conducting an ongoing investigation into this matter and considering if, as a result of that investigation, prosecutorial action will be undertaken.”

Sherry wrote that he didn’t have the authority to reject ballots on suspicion or conjecture.

He wrote that it was “impossible” for him to finish his investigation before tomorrow’s count.

“I have noted correspondence from candidates and comments in the media requesting that the election be stopped,” he wrote.

‘I wish to advise that there is no legislative power provided to me to halt an election at any point, and as such this is not an action I am able to take.”

Meanwhile, Sherry revealed ECSA staff suspected 490 returned declaration envelopes for the Marion Council election had not been filled in by the eligible voter.

He said those ballots were “currently under further scrutiny” to determine if they would be included in tomorrow’s count.

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“Our scrutiny processes have identified a series of ballot paper envelopes that appear to have been submitted by the same individuals,” he said.

“We have thorough scrutiny processes in place which detects irregularities on returned ballots, and while this is extremely disappointing, I can assure you that ECSA has taken action to ensure the integrity of the election, and in the coming weeks and months, there will be a further investigation.”

Sherry said the rejected ballots would be retained and unopened in accordance with the Local Government (Elections) Act.

He said he was also investigating concerns raised about enrolments on the West Torrens Council supplementary voters’ role.

Approximately 50 returned declaration envelopes from that council area are under further scrutiny.

“Where discrepancies are identified, these will be rejected from the count,” Sherry said.

“Commenting on an ongoing investigation can compromise the investigation and any potential prosecution; therefore, I will not be commenting on the progress or detail of these investigations until they are concluded.”

The Electoral Commission will confirm the total number of excluded or rejected ballots at the start of counting tomorrow.

Premier Peter Malinauskas said South Australians could have confidence in the election process.

“The very fact the Electoral Commission is undertaking these investigations speaks to the fact we have processes and systems in place to ensure the integrity of election processes at a federal, state and also a local government level,” he said.

So far, 402,061 votes have been returned for this year’s local government elections – representing 32.33 per cent of eligible voters.

– with additional reporting by Angela Skujins

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