The High Court’s Justice Kenneth Hayne, sitting as the Court of Disputed Returns, today formally declared the Western Australian Senate election void, paving the way for a new election in April or May.
The Court ruled that the loss of 1370 ballot papers during the second count meant that those electors had been denied a vote. It rejected arguments that it should endorse either of the two counts, as well as arguments that it should substitute a “patchwork” of results from both counts.
A writ for the Senate election now needs to be issued by the Governor of Western Australia. By convention, state Governors accept the advice of the Governor-General on when to call Senate elections. This means that the election date, as usual, will be decided by the Abbott government.
The election must be held by May at the latest, in order to allow time for the votes to be counted and a result declared so that new senators can take their place on July 1.