Suspected postal vote tampering in 2 local council elections referred for inquiry
Wednesday 13 November 2024
For immediate release
Today the Victorian Electoral Commission (VEC) will apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the results of Whittlesea City Council's Lalor Ward and Knox City Council’s Baird Ward elections.
The VEC detected higher rates of multiple ballot paper envelopes returned appearing to be from the same voters in both these wards following the close of voting.
As required by law, the voter declarations on each multiple return were carefully examined. A number of multiple returns were set aside as rejected after comparison with the declarations from replacement ballot paper envelopes. This highlighted a pattern of irregularities.
Electoral Commissioner Sven Bluemmel expressed disappointment that it appeared election interference had occurred – but assured voters that additional safeguarding measures implemented for this year's elections had identified the irregularities.
'Interfering with an election is a serious matter with significant penalties,' Mr Bluemmel said.
'Electoral integrity is paramount, and it must be upheld to maintain the community's trust in their elections.
'In addition to today's VCAT applications we referred the matters to Victoria Police and the Local Government Inspectorate (LGI) for investigation of electoral offences under the Local Government Act.
'Following a similar incident detected in the 2020 local council elections, we implemented further safeguards and monitoring tools for the 2024 postal elections.'
The VEC was required by law to declare the election result for both wards before referrals to VCAT could occur.
The Chief Municipal Inspector, Michael Stefanovic AM, said the LGI is working closely with the VEC to establish the nature and extent of these matters and will liaise with Victoria Police as to the appropriate level of investigative response.
'On initial review, the matters that have been referred to the LGI, concern potential offences of tampering or interfering with ballot papers that are 2 of the more serious offences under the Local Government Act 2020 – each carrying a substantial fine or imprisonment for up to 5 years.'
As this matter is now with VCAT, Victoria Police and the LGI, no additional comments will be provided.
Additional information
Background
Following the close of voting on Friday 25 October, we detected a high number of multiple returns in the Whittlesea City Council, Lalor Ward and Knox City Council, Baird Ward elections.
For these wards, we discovered irregularities in the voter declarations between the ballot packs returned by voters from the first mail-out of ballots, and replacement ballot packs that purport to have been completed and returned by the same voters.
As a result of our examinations, we discovered at least 53 votes that appeared to be fraudulent for the Whittlesea City Council, Lalor Ward election. A further 75 votes were identified as suspicious but checks against voter enrolment records have been inconclusive.
At least 32 votes appeared to be fraudulent for the Knox City Council, Baird Ward election. A further 29 votes were identified as suspicious but checks against voter enrolment records have been inconclusive.
We cannot say precisely how many fraudulently completed votes would have progressed to counting.
There is no indication to suggest these matters are connected.
What are 'multiple returns' in the context of postal elections?
The term 'multiple returns' refers to when more than one ballot pack is returned by a voter.
Any time a new ballot pack is issued to a voter, any returns already back from the voter will be flagged and isolated.
During postal elections, voters will request replacement ballot packs for a range of legitimate reasons.
However, an unusually high number of multiple returns could indicate postal vote tampering.
What happens now?
The matters have been referred to Victoria Police and the Local Government Inspectorate - the appropriate authorities for investigating these matters.
Applications to the Victorian Civil and Administrative Tribunal (VCAT) for a decision on the validity of the election will be submitted today (Wednesday 13 November).
Can you tell us more about the candidates in each ward?
More information on candidates is available here:
How many people voted in each of these elections?
Lalor Ward: 15,823 voters enrolled; 12,301 formal votes counted.
Baird Ward: 12,441 voters enrolled; 10,067 formal votes counted.
Can you provide a timeline of events?
We detected suspected postal vote tampering after the close of voting on Friday 25 October, as replacement ballot packs were being received and processed in the election offices.
We notified authorities as soon as we detected potential issues with multiple returns in the Lalor Ward and Baird Ward elections.
Applications to the Victorian Civil and Administrative Tribunal (VCAT) for a decision on the validity of the election will be submitted today (Wednesday 13 November).
Why did you continue with the elections?
Legislation requires us to complete the election and declare the result.
Any concerns about the validity of an election can be dealt with by applying to VCAT within 14 days after the declaration of an election.
The legislation does not allow for elections to be paused.
As such, today (Wednesday 13 November) we will apply to VCAT to review the declaration of the result of the elections.
Will the Lalor Ward election and Baird Ward election be declared invalid?
It is now up to VCAT to determine the validity of the election – not the VEC. This includes deciding whether a re-election is necessary.
The successful candidates in the elections are declared elected, sworn in by council and operate in their capacity as councillors until VCAT determines otherwise.
What are the penalties for postal vote tampering?
Penalties for postal vote tampering can include fines of up to $99,000 and/or up to 5 years imprisonment.