It was the mystery of the misplaced votes.
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The Australian Electoral Commission (AEC) has moved to clarify recent count confusion, as the process to determine who will be the next Member for Gilmore continues.
On Tuesday, it was revealed 50 votes favouring Labor candidate Fiona Phillips had reportedly been added to incumbent Ann Sudmalis’ tally.
The discovery, and subsequent correction, reduced Ms Sudmalis’ margin to just 321 votes.
NSW Liberal MP Gareth Ward told the Mercury on Tuesday night scrutineers had indicated the extra votes came from “papers which were unwittingly placed in a pile at a polling station”.
Mrs Phillips hit back, saying she had been told an “incorrect allocation of preferences at a polling location” was to blame.
On Wednesday, the AEC confirmed there had been an “administrative error” during the vote-handling process but “the number of first preference votes were not incorrectly allocated”.
“The two candidate preferred vote number had been transposed, which was an administrative error at the polling place that was picked up as part of the fresh scrutiny at the out-posted centre where a Liberal Scrutineer was present,” the AEC said in a statement.
The AEC said three counts usually take place as part of the election process.
The counts include a first count, done on polling day; followed by a “fresh scrutiny”, at a scrutiny centre where the ballot papers are re-examined and counted under the control of the Divisional Returning Officer (DRO) in the weeks following polling day.
A distribution of preferences is then undertaken to complete the full distribution of preferences for each house election.
“All three scrutinies are able to be observed by scrutineers who have been appointed to represent candidates,” the AEC said.
Ms Sudmalis held a 688-vote lead over Mrs Phillips, on a two candidate preferred (TCP) basis, late on Wednesday.
“I’m sure that will fluctuate, so I’m not prepared to even comment on it. Until the AEC calls it I’m just going to wait,” Ms Sudmalis said.
Mrs Phillips’ 45,116 TCP votes represented a 3.40 per cent swing to the Labor candidate.
The challenger has indicated she will ask for a recount of votes, regardless of the result.
The AEC said it “cannot comment on the likelihood of a recount at this stage” and directed the Mercury to its Candidates Handbook.
“Given the checks and balances in scrutiny systems, significant sorting errors are highly unlikely to go undetected,” the handbook said.
LATEST COUNT
Two candidate preferred: 65/72 booths returned.
81.85% turnout.
- Ann Sudmalis (Liberal) 45,804 (50.4%) Swing -3.40
- Fiona Phillips (Labor) 45,116 (49.6%) Swing +3.40
First preference count: 65/72 booths returned.
- Steve Ryan (CDP) 4561 (5.02%) +2.18%
- Ann Sudmalis (Liberal) 40,944 (45.02%) -2.40%
- Carmel McCallum (Green) 9218 (10.14%) +1.08%
- Fiona Phillips (Labor) 36,197 (39.81%) +5.55%