ON Friday, January 30 an invalidity complaint raised by a Shire of Gingin councillor is due for a hearing in the Perth Magistrates Court.
Last year councillor Lincoln Stewart filed a formal complaint after witnessing people entering and leaving the counting room on local government election night and again the following morning before counting resumed.
The Court of Disputed Returns has jurisdiction when the validity of any election or return is disputed with a magistrate having jurisdiction for local government elections.
Cr Stewart said the court matter was about ensuring clarity regarding the lawful processes that apply to ballot custody, scrutineer access and observation rights – and whether any procedural failures may have affected the result of the 2025 election.
In December he said he was required to serve a copy of his complaint and the court order on all candidates in the election within 14 days and any person served could apply to the court to be joined as an interested party if they wished.
Earlier this month a Western Australian Electoral Commission (WAEC) spokeswoman said the electoral commissioner was joined as an interested party to the invalidity complaint filed by Cr Stewart.
“As the matter is before the court, it would not be appropriate for the electoral commissioner or the WAEC to comment any further,’’ she said.
Correction: An earlier version of this story said the invalidity complaint hearing was on May 30, which was incorrect.
