Page:Australian Electoral Commission v Johnston.pdf/18

Hayne J

Territories and for the election of senators for the Australian Capital Territory and the Northern Territory. On the same day, pursuant to the Election of Senators Act 1903 (WA), the Governor of Western Australia issued a writ for the election of six senators for Western Australia. The writ fixed dates for the close of the rolls, nominations, polling and return of the writ. The date fixed for the return of the writ was on or before 13 November 2013.

There were 62 candidates for election as a senator for Western Australia. The candidates were divided into 27 groups or political parties, with one "ungrouped" candidate. Each group or political party registered a group voting ticket pursuant to's 211 of the Act. Under their respective registered group voting tickets, preferences from Group G (Shooters and Fishers), Group K (Australian Independents) and Group V (Australian Fishing and Lifestyle Party) flowed to Mr Murray Bow of the Shooters and Fishers. Under their respective registered group voting tickets, preferences from Group C (Australian Christians) and Group O (No Carbon Tax Climate Sceptics) flowed to Mr Jamie van Burgel of the Australian Christians.

On 7 September 2013, after the close of the poll, Assistant Returning Officers at each of the appointed polling places conducted, in accordance with s 273(2) of the Act, an original scrutiny of the ballot papers cast at the election except for declaration votes.

The fresh scrutiny required by s 273(5) of the Act began on about 9 September 2013.

On 2 October 2013, the Australian Electoral Officer for Western Australia ("the AEO") announced that, for the purposes of s 273A(5) of the Act, he had ascertained that the successful candidates at the election, in order of their election, were Senator David Johnston, Mr Joe Bullock, Senator Michaelia Cash, Ms Linda Reynolds, Mr Wang and Senator Pratt.

All parties accept that the 50th exclusion point in the process required by's 273 of the Act was critical to the determination of who were the last two successful candidates at the election. At the 50th exclusion point, either Mr van Burgel (representing the Australian Christians) or Mr Bow (representing the Shooters and Fishers) was to be excluded according to who then had the lower number of votes.

The Wang petition and the Mead petition allege that who had the lower number of votes was affected, in the case of Mr Bow, by votes validly cast for Mr Daryl Higgins (Australian Independents) and Mr Jay Edwards (Australian