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Federal election 2022, Mackellar: Row erupts over Liberal how to vote cards

An ugly federal election row has erupted about Liberal ‘how to vote’ cards in the battle to win a blue ribbon Sydney seat.

High number of postal votes could delay election result in a close contest

The battle to win the Sydney blue ribbon Liberal seat of Mackellar has turned ugly after allegations of “dirty play” and dodgy tactics over how to vote cards and preferences.

So-called “teal” independent Sophie Scamps urged election officials to investigate sitting Liberal MP Jason Falinski’s preference guide for people voting early in the northern beaches electorate.

Independent candidate for Mackellar, Sophie Scamps (second from right) with her campaign manager Jacqui Scruby and campaign volunteers Ken Christensen and Clayton McLellan at the Nelson Heather Community Centre pre-poll station at Warriewood on Tuesday. Picture: Jim O'Rourke
Independent candidate for Mackellar, Sophie Scamps (second from right) with her campaign manager Jacqui Scruby and campaign volunteers Ken Christensen and Clayton McLellan at the Nelson Heather Community Centre pre-poll station at Warriewood on Tuesday. Picture: Jim O'Rourke

But the Australian Electoral Commission (AEC) said on Wednesday that the cards being handed out now at pre-poll voting stations appeared “appropriately authorised”.

Dr Scamps, who is backed by the Climate 200 group, alleges the Liberal how to vote card for the Lower House breaches the Electoral Act becasue it “risked misleading voters”.

She said because it did not list the full names or political party of any candidate, other than Mr Falinski’s, it was an attempt to mask the fact that the he has put Clive Palmer’s United Australia Party candidate, Christopher Ball, second on the card and Pauline Hanson’s One Nation Party candidate, Darren Dickson, fourth.

A copy of a Liberal how to vote card in Mackellar for the May 21, federal election that independent candidate Sophie Scamps alleged had breached the Electoral Act, The Australian Electoral Commission said it does not appear to be in breach of the Act. Picture: Supplied
A copy of a Liberal how to vote card in Mackellar for the May 21, federal election that independent candidate Sophie Scamps alleged had breached the Electoral Act, The Australian Electoral Commission said it does not appear to be in breach of the Act. Picture: Supplied

The AEC told the Manly Daily on Wednesday, however, that as Mr Falinski’s how-to-vote card “appears appropriately authorised, it does not appear to be in breach of the Electoral Act on first glance”.

And the Liberals said the Labor’s and the UAP’s how to vote cards also did not list the parties of other candidates.

Dr Scamps wrote to AEC Commissioner Tom Rogers, asking that he examine the Liberal how to vote cards because they “risk misleading or deceiving a voter in relation to the casting of their vote”.

She cited Section 214 of the Commonwealth Electoral Act, which states a ballot paper for the House of Representatives must include the party that each candidate belongs to.

“By not providing the full name and party of the other candidates, the Liberal How to Vote cards risk misleading or deceiving a voter in relation to the casting of their vote, which is a contravention of section 329 of the Electoral Act,” Dr Scamps said in a media statement.

“This is just another example of the dirty play the Liberal Party are resorting to here in Mackellar.”

The AEC said on Wednesday that Section 214 of the Act was about the production of the ballot paper, rather than how-to-vote cards.

“If voters have this particular how-to-vote card with them when voting they will see the parties listed next to each candidate on the ballot paper, thus providing them with sufficient information to make their voting decision,” a spokesman said.

Liberal MP for Mackellar Jason Falinski (right) with LIberal Senator James Paterson (left ) with two voters at the Warriewood pre-poll centre on Tuesday. Picture: Facebook (Jason Falinski)
Liberal MP for Mackellar Jason Falinski (right) with LIberal Senator James Paterson (left ) with two voters at the Warriewood pre-poll centre on Tuesday. Picture: Facebook (Jason Falinski)

“As the how-to-vote card appears appropriately authorised it does not appear to be in breach of the Electoral Act on first glance.

“For s329 of the Electoral Act to be satisfied there would need to be a voter misled about the physical act of casting their vote – a provision that has been very tightly interpreted by Courts previously.”

Dr Scamps said Mr Falinski’s must immediately pull his How to Vote cards from circulation.

“Is this an attempt to hide the fact that the Liberal Party has done a dirty deal with Clive Palmer on preferences?

“Or are they trying to hide the fact that Jason Falinski is preferencing One Nation so high up the ballot?”

Mr Falinski hit back on Wednesday saying that Dr Sampns was pushing the how to vote card issue because she had “no vision, no plans, no policies”.

“But they do have a lot of dark money from Climate 200 who are trying to buy the people of Mackellar with,” he said.

“Why not be honest and tell voters how and what they will do in a hung parliament. At the moment it seems just to be a list of things Sophie is going to look at.

“What is their position on the economy, tax, housing affordability, cost of living, national security and creating more jobs. Because without knowing, voters are risking the certainty of Australia’s future with these Climate 200 candidates who clearly do not have the answers.”

Last week the AEC was advised about election signs for Dr Scamps, and independent Warringah MP Zali Steggall, being placed in their electorates, suggesting they were independent candidates for the Greens.

The Greens and the Liberal Party have denied creating the posters.

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Original URL: https://www.dailytelegraph.com.au/newslocal/manly-daily/federal-election-2022-mackellar-row-erupts-over-liberal-how-to-vote-cards/news-story/7818d8149ececf22e09910e7f66b999d