Liberals challenge election result

Gisele Kapterian is challenging the election result in the Federal seat of Bradfield, in a move which could see sitting member Nicolette Boele removed as MP.

Ms Kapterian, who lost the election by just 26 votes, launched a ‘petition’ to contest the result in the Court of Disputed Returns, which is in effect the High Court of Australia. On the first count, the Liberal led by 8 votes; but a recount put Independent Ms Boele ahead and she was declared the victor.

“This is a decision I don’t take lightly,” Ms Kapterian told ABC Radio Sydney. “But I wanted to make sure that I had consulted with the party, the membership of the Bradfield Federal Electoral Conference and the broader community.”

In a statement on Instagram she said: “The decision is taken to ensure the intentions of the voters of Bradfield are accurately reflected in the final count.”

If the High Court agrees to the petition, a single judge would re-examine ‘line ball’ ballots – those where the intention of the voter was unclear. “Pursuing this final step will provide collective confidence that the final result reflects the true wishes of the voters in Bradfield and remove any remaining doubt created by the two conflicting counts,” Ms Kapterian concluded.

Ms Boele, who took office in the House of Representatives on 22 July, told NL that she was ‘getting on with the job.’ “I’m in Canberra for the first sitting week, and my team is working every day to support constituents with matters such as access to essential services. We’re focused on doing the work the community elected us to do.”

The Independent, who took Bradfield from the Liberals for the first time in history, has asked supporters to donate to the pending legal case. “The Liberal Party has a legal team and enormous resources,” Ms Boele told NL. “We have community. Legal representation is costly, so we’re seeking donations to help cover expenses.

“If we win and the Liberal Party is ordered to cover our legal costs, we’ll offer every donor a refund or the option to pass their donation onto a nominated cause.”

Ms Kapterian said on Radio Sydney her case was also paid for by fundraising, ‘and not from some bucket that sits somewhere else over the rainbow.’

The High Court has not yet determined whether it will hear the case. Few petitions have resulted in a change of MP.