iVote system has been scrapped ahead of NSW government by-elections

The controversial iVote system which failed at last month’s local government elections has been scrapped ahead of NSW government by-elections next month.

The controversial iVote system which failed at last month’s local government elections has been scrapped ahead of NSW government by-elections next month.

Voters heading to the polls at Bega, Monaro, Strathfield and Willoughby won’t be able to lodge their votes online, after the system failed to count thousands of votes at the December 4 council elections.

Ray Hadley told his audience on 2GB on Thursday that all enrolled voters looking to dodge placing their vote in person would get a postal voting package.

It follows the election of 19 councillors across Shellharbour, Kempsey and Singleton potentially being declared “void” in the NSW Supreme Court after the system collapsed during the December 4 vote, court documents obtained by The Daily Telegraph reveal.

The NSW Electoral Commissioner, late last week, asked the NSW Supreme Court to find “technology assisted voting” laws were not properly followed in those elections.

NSW MP Gareth Ward. Picture: NCA NewsWire/Flavio Brancaleone

Those laws allow postal votes, people who live remotely or people who will be out of the electorate to cast their vote without a physical ballot box.

Thousands of NSW residents reported being locked out of the iVote system on December 4 but the NSW Electoral Commission said it didn‘t believe the votes would have changed who was elected in most councils.

But for Shellharbour, Kempsey and Singleton, the Commissioner found, it was possible “a different outcome might have occurred” if iVote hadn‘t failed.

The Electoral Commissioner, according to the court documents, wants a judge to order that “it is not reasonably certain” that 19 councillors would have won and ”(their) election is liable to be declared void” because of the iVote failure.

Former Shellharbour Mayor Kellie Marsh is one of two councillors facing having their results declared void at the Illawarra authority.

“Why should Shellharbour, or Kempsey or Singleton ratepayers have to pay a single cent for a major stuff up from the electoral commission?“ she told The Daily Telegraph.

Former Shellharbour mayor, Kellie Marsh.

NSW MP Gareth Ward, a practising lawyer, will represent Ms Marsh in the case pro bono and said it‘s astonishing the commission did not ensure iVote could handle the increased demand two years into a pandemic.

“You had a voter entitled to have their say and they were failed because of the iVote system, it’s a monumental stuff up,“ he said.

“Not only should the electoral commission ensure the right outcome, but they actually owe these candidates an apology for this monumental failure.”

Singleton Council General manager Jason Linnane said the council was in “uncharted waters” and there could be ”significant impacts” on the council and community.

The commissioner, on December 23, declared winners in every questionable seat “despite the uncertainty” because it may not be possible to hold another election until mid-2022.

Covid-19 had delayed previous elections, the commissioner added, and councils had an important role in the pandemic so each seat needed to be filled.

A spokeswoman for the Electoral Commissioner said some councillors were expected to fight the case.

People at the Newport SLSC polling booth last month. Picture: Julian Andrews

The spokeswoman said it was the first time iVote had been used for a local government election and three times as many people voted successfully on December 4 than had done in the previous state elections using the same software.

“A detailed analysis is being undertaken of what caused the problem on election day with the system not issuing voting credentials in time to some voters,” the spokeswoman said, declining to answer whether any action would be taken against the system.

The iVote failure caused angst across the state as voters tried to log on only to find they had not been given the necessary security details to lodge their vote.

Data released by the Electoral Commission showed they ran 1000 simulations across each councillor and tallied up how many times the iVote system may have changed the result.

One of the Kempsey councillors would have lost 61 per cent of the time, according to the data, but was declared a winner.

Kempsey Council could see its entire cohort dumped.

Re-elected Kempsey councillor Anthony Patterson said it would come at a huge cost for the community and questioned why people should “put their hand in their pocket” to go through it all again.

“If we’re made to go through another election we’re going to get a totally different result,“ he said.

“Why are they trying out something that’s not proven on something as important as an election?”

The rural electorate of Hay, in the Riverina, would have seen a different result for one of its councillors seven times out of 1000 - but it will not be examined in the NSW Supreme Court.

Kiama and Parramatta councillors also had very slim chances of a different outcome but will not be further investigated.

The commissioner‘s spokeswoman stood by the decision not to prosecute those outcomes in court.

The Office of Local Government declined to comment saying it was not a part of the court case.

“The Electoral Commissioner has brought proceedings only in relation to the three elections for which he considers the iVote problem may have had a material impact,” the spokeswoman said.

The case will return to the Supreme Court on February 4.

The Australian Electoral Commission says it will conduct the coming federal election using in person and postal votes as it did last time.

Online voting won‘t be used because no laws permit it and no serious proposals are on the horizon from parliament.

An AEC spokesman said the federal body had no firm view either way but understood that supporters of online voting point to the convenience and speed while detractors highlight security concerns, integrity issues and the lack of scrutineering.