It’s been no picnic, but Fran Bailey was all smiles on Wednesday after being confirmed as McEwen MP.By Kath Gannaway
MCEWEN MP Fran Bailey has called for an urgent overhaul of the voting system.
A relieved and smiling Ms Bailey retained the seat of McEwen by 27 votes last week after a seven month court contest with Labor candidate Rob Mitchell.
Judge Tracey took only minutes to deliver his finding in the Federal Court in Melbourne on Wednesday – Mitchell 48,312 votes; Bailey 48,339 votes, with 3982 informal votes.
There was an air of anticipation in the court room as Ms Bailey, sitting on the right, and Mr Mitchell, on the left awaited their fate.
The result, hinging on just 27 votes, is the second closest result in an election in Australia and stamps McEwen as the most marginal seat in the country.
Mr Mitchell was declared the winner of McEwen after the election on 24 November last year but his hold on the seat was short lived.
After a recount, called for by Ms Bailey, the Australian Electoral Commission (AEC) declared her the winner in February – this time by 12 votes.
The ALP challenged the decision in the Court of Disputed Returns with both sides questioning the validity of 643 ballot papers.
Responding to a barrage of questions outside the court Ms Bailey said the seven month ordeal has been “no picnic”.
She said it has been trying on her staff and had created uncertainty for constituents in McEwen.
Last week, Ms Bailey repeated her call for the introduction of proof of identification for voters saying the narrow margin in McEwen had highlighted serious anomalies in the system.
“I have called for an urgent overhaul of our voting system because, while multiple voting has been suspected in the past, this is the first time where there is actually proof,” she said.
“The system must be overhauled to preserve the integrity of people’s votes.”
She said the only way to ensure that integrity was to have proof of identification and an electronic electoral roll where people would be marked off before voting.
“This is the only way to deter those people who have been getting away with rorting the system, by voting multiple times,” she said.
“It is ludicrous that in 2008 where, in so much of our daily activities, we regularly have to provide identification, when hiring a DVD for example, that for the most important means of ensuring we live and work in a strong democracy, that we allow that process to be undermined by failing to ensure proper checks in the system.”
While pleased to increase her margin from 12 to 27, Ms Bailey would not be drawn on whether she will run in 2010.
If she does, it will very likely be another Mitchell v Bailey contest.
Mr Mitchell, first out of the court building, was met with a barrage of predictable questions.
Disappointed, he said he had accepted the umpire’s decision but would be standing again at the next election.
He said the fact that there were votes contested and ruled valid and invalid on both sides validated the decision to fight the matter through the courts.
“It is unfortunate we didn’t get the result we were after,” he said.
He urged voters to take care when filling out ballot papers as many of the disputed papers hinged on numbers which were not clearly written.
Justice Tracey made a point of rejecting the notion that there was “illegal practice” involved on the part of the Australian electoral officer (AEO).
“Any error on the part of the AEO which has led to a contravention of the Act was, I am sure, inadvertent,” he said.
“There can be no suggestion that the contraventions arose from any deliberate breaches of the Act.”
