Court to decide MP Fran’s fate

By Kath Gannaway
MCEWEN voters should know today (Tuesday) the fate of the seat.
The six month Lib/Lab battle for the most marginal seat in the country was set to be decided by Justice Richard Tracey in the Federal Court sitting as the Court of Disputed Returns in Melbourne.
ALP candidate Rob Mitchell won the seat in November by just six votes, then lost it to sitting Liberal member Fran Bailey by 12 votes after a re-count. The Labor Party contested the decision.
Following a hearing on 21 May, both sides were given access to the 643 disputed ballot papers with the resulting more than 280 disputed ballot papers to be ruled on by Justice Tracey.
Justice Tracey indicated in May he wanted the matter finalised when court returned on 17 June – stating he would extend sitting hours if necessary.
His options are to confirm Fran Bailey as the MP, install Mr Mitchell or order a by-election.
Steve Meacher, who stood for the Greens in the election, has taken a keen interest in the dispute process.
Crunching the numbers he observed that if every challenge by both sides was successful, something he believes is unlikely with both sides sure to contest, the result would be an ALP win by four.
“That could precipitate a by-election due to the eight confirmed cases of multiple voting,” he said.
A by-election would see a number of 18 year olds eligible to vote for the first time.
A spokeswoman for the Australian Electoral Commission said people who have moved in or out of McEwen would also need to ensure they are properly enrolled.
“If they are not enrolled for the Division of McEwen at the close of rolls they will not be able to vote,” she advised.
“And, anyone who has moved out and is still on the McEwen roll will face a fine if they don’t vote.”