Judge declares Central Ward election void
BREAKING: The court ruled the Adelaide City Council Central Ward election void this morning, after a three-year-long legal battle.
District Court Judge Michael Burnett this morning declared the Central Ward portion of the 2022 Adelaide City Council elections void in the case of former councillor Alexander Hyde v Electoral Commissioner, Jing Li.
This will affect the appointments of Deputy Lord Mayor David Elliott and Councillors Simon Hou, Carmel Noon and Jing Li.
Judge Burnett dismissed the request to reopen from Li’s lawyers in court last week.
The court previously found on the balance of probabilities that illegal practices impacted the election, with several instances where ballot papers were handled or not filled in by the lawful voters.
The Electoral Commissioner will bear 30 per cent of Hyde’s costs, and Li will bear 70 per cent, with various exclusions and conditions outlined in the judgment.
Li said he was disappointed but respected the court’s orders, with a statement to come.
The Electoral Commission of South Australia is responsible for the timing of a by-election, and Deputy Electoral Commissioner Alice Cashen said they will provide further information as soon as possible.
“Following the decision of the Court this morning, we are reviewing next steps in relation to the election and timing and we will provide further information as soon as possible,” she said.
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Lord Mayor Jane Lomax-Smith said the four Central Ward positions will remain vacant in the meantime as the council prepares for a supplementary election.
“The City of Adelaide wishes to thank Councillor Elliott, Councillor Hou, Councillor Li and Councillor Noon for their service as Central Ward councillors since November 2022,” she said.
“We will commence preparing for a supplementary election in collaboration with the Electoral Commission of South Australia.
“In accordance with the Act, Council meetings can still go ahead with the Lord Mayor and seven remaining Elected Members present (quorum will be five).
“Supplementary election costs will be met by the City of Adelaide with costs to be determined.
“In the meantime, I have asked the CEO to prepare advice for the Elected Members so that we are fully informed about the impacts of the order.
“Immediately after the order of the court was known, I called for a special meeting of the Council to be convened on Monday evening.”
The council will meet on Monday for a special meeting to consider the appointment of a Deputy Lord Mayor and internal and external appointments affected by the orders issued by the court.
Deputy Lord Mayor Elliott said he is “justifiably disappointed by the outcome” but “respects the decision of the court to protect our democratic processes”.
“It is frustrating this has been so drawn out and now leaves Central Ward residents and businesses with no council representation. I fully intend to complete the term for which I was elected.”
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Hyde said he does not expect to contest the new election.
“A lot of people doubted this win was possible but I’ve been through a few elections and I know when something isn’t right,” he said.
“While I still care deeply about our capital city and South Australia, I do not expect to be contesting this new election.
“The scary part about this saga is that had I not undertaken this process as a private citizen, at my own cost, a dodgy election influenced by the use of foreign nationals would have stood as legitimate.
“This is not me or the City of Adelaide, but more about the principle: an election in Australia should not be allowed to be stolen.
“The Electoral Commissioner has questions to answer as to why he spent over two years and a mountain of taxpayer dollars defending an election in which he had already admitted there were illegal practices.”
This brings the total council appointments that were voided after the 2022 council elections to seven after Adelaide Plains councillors were found to be affected by a computer error as the Electoral Commissioner prepared for this case.
Noon, who last week asked the judge if she could be exempt from a Central Ward by-election, said she respects the judgement but “it truly feels like I’ve been voted off an episode of Survivor”.
“This won’t dent my armour—I will absolutely be throwing my hat back in the ring,” she said.
In a statement released by the Electoral Commission this afternoon, it said an election “will be conducted as soon as practicable”.
Cashen said, “ECSA remains steadfast in its commitment to fair and transparent elections”.
“Every measure we take, whether through scrutiny processes, investigative efforts, or proposed legislative improvements is aimed at ensuring public confidence in our electoral system. ECSA treats any instance of interference in the electoral process seriously.
“ECSA had taken immediate action to investigate concerns raised during the 2022 Council election process. ECSA had detected instances of voter fraud and acted decisively to protect the integrity of the election, by holding out suspect ballots, verifying enrolments, and contacting electors directly, to ensure that only legitimate votes were counted.”
The City of Adelaide has South Australia’s largest local government area, with the biggest Council Supplied Roll. The election process will take place about three months after the roll closes, which is set for May 30, 2025, meaning an election is predicted for late August.
