iVote saga: Shellharbour Ward A, Kempsey and Singleton council voters forced back to the polls

Residents in Shellharbour Ward A, Singleton and Kempsey council areas will head back to the polls after a judge voided the outcomes of December’s elections due to an iVote failure.

Judge Robert Beech-Jones voided the outcomes in three local government elections in the NSW Supreme Court on Thursday.

The unprecedented decision comes after the iVote meltdown during December’s local government elections which cast a shadow over the outcomes in Shellharbour Ward A as well as the entire councils of Kempsey and Singleton.

This verdict means Shellharbour councillors Kellie Marsh (Independent) and Maree Edwards (Labor) will have to recontest their seat sometime in the next three months, with the exact date likely to be confirmed when the matter appears before the court on April 5.

Cr Marsh, who was comfortably elected with 17.2 per cent of the vote, said it was a devastating result and said contesting two votes would cost her group in excess of $12,000.

Shellharbour mayor Chris Homer with deputy mayor Kellie Marsh. Picture: Dylan Arvela

“It’s extremely disheartening,” Cr Marsh told The Illawarra Star.

“I am absolutely devastated for the community for all the upheaval this has caused and now we will be in limbo for a further three months through no fault of their own.

“I am devastated for my small Independent team who will be further disadvantaged up against a major political party who will be able to throw money at it.”

The former Shellharbour mayor said the judgement has undermined the democratic system, but she urged people to turn up to polling booths to make sure their vote is counted.

“I encourage the community to try not to be too disheartened,” Cr Marsh said.

“Get out and vote and make your voices heard and I hope the Electoral Commission will get their act together so this never happens again.

“I have spoken to many in the community during this process who have told me it has given them a complete lack of faith in the system.”

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The determination comes less than 24 hours after the Electoral Commission confirmed iVote would not be used for the 2023 state election.

“The Electoral Commissioner determined on 15 March 2022 that iVote will not be available for the NSW State general election on 25 March 2023 or any intervening State or local by-election,” the statement read.

“The current version of the iVote software used by the Electoral Commission will soon be decommissioned. The short timeframe for configuring and testing a new version means an updated system cannot be ready by March 2023.

Kiama MP Gareth Ward, who is representing Cr Marsh pro bono during the court proceedings, slammed the Commission for using the unfit for purpose online voting system.

Member for Kiama Gareth Ward has put the blame at the feet of the NSW Electoral Commission. Picture: NCA NewsWire/Flavio Brancaleone

“The NSW Electoral Commission’s iVote system has previously failed at the 2015 and 2019 NSW State Elections,” Mr Ward said.

“In spite of these failures which have been acknowledged and admitted in evidence before the NSW Supreme Court, the NSW Electoral Commission continued to use iVote for NSW Local Government Elections.”

“The NSW Electoral Commission has failed its primary obligation of safeguarding the democratic process. Whilst the NSW Electoral Commission knew that iVote had failings, the commission failed to properly address these shortcomings and system issues but continued to use the system regardless and did not properly ensure the systems preparedness.

“The NSW Electoral Commission sought and received significant additional funding to run a Covid-safe election. In spite of this additional funding, the failings of the electoral commission have caused enormous tumult for candidates, councillors and communities and could cause further expense for the taxpayer due to additional costs.”

Cr Maree Edwards, who was elected with 4.2 per cent of the vote, was contacted for comment.