WA election watchdog ‘deeply regrets’ ballot breach – but says no recount needed

Ballot papers were left out on a desk overnight while people moved through the room during a vote count in last month’s local government election in a breach the state’s election watchdog says it “deeply regrets”.

Photos provided to this masthead show unsealed ballot papers sprawled across a desk at the Shire of Gingin council chambers, in WA’s Wheatbelt, on October 18 after vote counting had paused.

Left: Ballot papers were left unsecured as people came and left the council chambers. Right: Gingin councillor Lincoln Stewart.

Gingin councillor Lincoln Stewart filed a formal complaint with the WA Electoral Commission after witnessing people entering and leaving the room that night and again the following morning before counting resumed.

“These breaches have fundamentally compromised the chain of custody and integrity of the ballot papers, creating substantial doubt about the validity of the election results,” Stewart told this masthead.

Under WA electoral procedures, ballot papers must be sealed, labelled and secured to ensure only authorised officials handle the material.

Returning officers are appointed by the commission to oversee nominations, counting and to declare results.

In a written letter to Stewart following its investigation, WAEC acting deputy electoral commissioner Rebecca Hamilton said the returning officer “failed to follow proper procedures” requiring ballot materials to be resealed and stored securely at the end of each day.

“The commission deeply regrets that the returning officer did not comply with these procedures,” Hamilton wrote.

She said the manual outlining those requirements was not legally binding but “important guidance” for returning officers.

WAEC media spokesperson Deanna Watson told this masthead the vote would not be recounted.

Photos taken after the election count had paused for the night.

“While this is regrettable and may have impacted confidence in the process, we would like to assure the community that we remain confident the election outcome is unaffected by these issues,” she said.

Watson said the commission was working with the Shire of Gingin to strengthen processes and prevent similar issues in future elections.

The returning officer has been contacted for comment.

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