The AEC will conduct a special count in Hobart on Tuesday 12 December 2017 (10:00am local time) to identify which candidates are entitled to be elected to the Senate from Tasmania, to the places left vacant by the disqualifications of Mr Stephen Parry and Ms Jacqui Lambie by the decision of High Court of Australia sitting as the Court of Disputed Returns of 8 December 2017.
This follows the provision of directions today by His Honour Justice Nettle of the High Court specifying how the special count of votes will be conducted.
The special count will not require the manual handling of any Senate ballot papers, as the AEC will use the voter preference data already taken from the ballot papers of votes cast at the 2016 Tasmanian Senate election to complete the special count.
The special count will involve voter preferences for the now disqualified candidates Mr Parry and Ms Lambie being disregarded, with these voter preferences now to be counted to the next preferred candidates recorded on each ballot paper, with subsequent preferences to be treated as altered accordingly. Once this is completed, a distribution of preferences will then occur.
Under the Commonwealth Electoral Act 1918 candidates who contest federal elections cannot be present to observe the process. Candidates are, however, able to appoint a scrutineer to observe the process on their behalf.
Media or other members of the public will not be permitted to observe the special count.
Once the special count is completed, the Australian Electoral Officer for Tasmania will provide the result to the High Court of Australia for its consideration. Accordingly, the AEC will be issuing no public announcement of the result of the special count while this matter is before the Court.
On 8 December 2017, the High Court of Australia sitting as the Court of Disputed Returns determined that Mr Stephen Parry and Ms Jacqui Lambie were disqualified from nominating as candidates for the 2016 Tasmanian Senate election due to the operation of section 44(i) of the Constitution. The Court ordered that the vacancies created by Mr Parry’s and Ms Lambie’s disqualifications should be filled by a special count of the votes cast at the 2016 election with directions necessary to give effect to that special count to be made by a single Justice.