Gisele Kapterian, the Liberal candidate for the ultra-marginal Sydney seat of Bradfield, is taking her 26-vote loss to Teal Independent Nicolette Boele to court.
After months of speculation, Kapterian announced on Monday night that she would appeal the election outcome in the once Liberal heartland seat.
In a statement posted to Instagram, Kapterian said: “After careful consideration of the two different results of the counts in Bradfield, we have taken the decision to go to the umpire.”
A Bid to Ensure the “True Wishes of Voters” Are Reflected
Kapterian reiterated that the legal challenge was about ensuring the final outcome reflected the “true wishes of voters” and outlined “the original count resulted in an eight-vote lead my way.”
“While the second count resulted in a 26-vote lead for Ms. Boele. Today’s decision is taken to ensure the intentions of the voters of Bradfield are accurately reflected in the final count,” she said.
The Liberal candidate insisted she was not questioning the integrity of Australia’s electoral processes and stated the additional scrutiny would give greater confidence to the wider system.
A Targeted Examination of “Line-Ball Ballots”
Kapterian explained that the challenge would involve interrogating a small number of ballot papers and determining whether a number is legible, such as “whether a five is an eight”.
The process will be taken to the Court of Disputed Returns, with the Chief Justice of the High Court then nominating a High Court or Federal Court judge to adjudicate the case.
If the result is overturned, the seat will go to a byelection, with recent polling showing Ms. Boele holding a commanding lead over her Liberal counterpart.
A Risk to the Liberal Brand?
Senior Liberals are reportedly hoping that the judge presiding over the Court of Disputed Returns will rule several ballot papers invalid after examining them, consequently handing Kapterian the seat.
However, top officials within the party are also fretting about the potential damage a public legal contest could do to the Liberal brand as it recovers from its thumping federal election defeat.