Jing Li attempts to reopen trial into Adelaide City Council election as review delivered into improving council elections

An Adelaide City councillor has made a last-minute attempt to reopen a case against a former councillor, as a review into improving council elections drops.

Adelaide City councillors Jing Li, Mark Siebentritt, Simon Hou, Arman Abrahimzadeh, David Elliott, Carmel Noon, Lord Mayor Jane Lomax-Smith, Janet Giles, Henry Davis, Philip Martin, Mary Corous, Keiran Snape. Picture: City of Adelaide

An Adelaide City councillor wants to reopen a case into the validity of a council election, which was found to have been illegal due to vote-harvesting, a court has heard.

On Friday, Mark Hoffmann KC, on behalf of councillor Jing Li, asked the case be reopened based on an error used to determine how many votes were affected by illegal practices.

It comes after the District Court last month found the Central Ward election of the council was marred by forged election papers and the illegal dealing of ballot papers.

Judge Michael Burnett had determined, on the balance of probabilities, that at least 24 votes had been cast for Mr Li where illegal practices affected the result.

Former councillor Alexander Hyde has challenged his loss in the Court of Disputed Returns against Mr Li and the Electoral Commissioner for more than two years.

Former councillor Alexander Hyde at the Adelaide Town Hall. Picture: Matt Turner.

The hearing on Friday was to determine costs and to hear submissions on whether one or all four Central Ward councillors should have their election overturned.

However, Mr Hoffmann said the judge had erred in his findings when he considered an “unascertained number” of ballot papers had been collected and filled in.

Simon Ower KC, for Mr Hyde, likened the move as a “Hail Mary pass” in American football.

“At the end of the game a ball has been thrown in order to try and achieve a different outcome,” Mr Ower told the court.

“Clearly, it’s not within the bounds of jurisdiction to reopen and for that reason we ask your honour to dismiss it and seek an order for costs.”

Alison Doecke KC, for the electoral commissioner, said it was appropriate for the Central Ward to be declared void and a supplementary election held.

The judge previously determined two people, acting on behalf of Mr Li, had illegally dealt in ballot papers outside a city apartment and at the Stonemill Restaurant, in October, 2022.

Councillor Jing Li. Picture: Dean Martin

Judge Burnett also found Trinity Zhang was working on behalf of Mr Li when he collected an unspecified amount of unfilled ballot papers from a city apartment.

Central Ward councillor Carmel Noon made a verbal submission to the court on Friday to ask she be removed from any possible by-election, as she was the ward’s first successful candidate.

“The determination that there were irregularities in relation to some candidates lower on the count does not affect my election,” she told the court.

In relation to costs, Mr Ower argued the electoral commissioner should share the burden with Mr Li, as the commissioner had not taken a “more neutral role” during the trial.

Judge Burnett reserved his decision.

Physical threats, verbal abuse: Shock truth about council elections

It come as electoral commissioner Mick Sherry released his long-awaited elections review and made 16 recommendations, including several to improve the integrity of the election process.

Mr Sherry wrote in his report the 2022 elections had “several disruptions” including a severe weather event, white powder in a returned ballot pack and police involvement.

Electoral Commissioner Mick Sherry. Picture: Brett Hartwig

Of note was the conduct of some of the 50 scrutineers and supporters during the Onkaparinga Council count which made several staff feel “intimidated and unsafe”.

Mr Sherry wrote staff were subjected to “verbal abuse, intimidation … and threats of physical assault” and police had to be called twice until security was implemented.

He recommended a standard of conduct for scrutineers and penalties if they obstruct electoral duties and, for electoral officers to have powers to remove them for disorderly behaviour.

The election results had an 80 per cent rise in the number of complaints regarding alleged breaches of the electoral act, compared to 2018, mainly for misleading election material.

“(It) also involved a number of allegations of fraudulent voting activity,” Mr Sherry wrote in his report, which was tabled in parliament on Thursday.

The District Court last month determined that Adelaide City Council’s Central Ward election was marred by forged election papers and illegal dealing of ballot papers.

The Adelaide City Council election was marred by forged election papers.

Mr Sherry recommended strengthening the application process to be added to the council supplementary roll, making it illegal for people to mislead electors on how to vote and, to ensure authenticity of voting packs, reject those without a date of birth.

Two people with a wad of opened ballot papers. Picture: Supplied

Local Government Minister Joe Szakacs. Picture: Morgan Sette

Mr Sherry has again recommended council elections be held the year after a state election to stop voter fatigue and for provisions to extend the current term to 2027.

The report does not mention compulsory voting or for voters to hold an Australian citizenship, as mooted in legislation by independent MLC Frank Pangallo.

Local Government Minister Joe Szakacs ruled out extending the current council term beyond 2026 without another election, saying it would be “fundamentally undemocratic”.

“The government remains open to changes in the timing of subsequent elections, if that is demonstrated to be an effective measure that will increase participation and engagement,” Mr Szakacs said.

“While the Electoral Commissioner has not made any specific recommendations around requiring voters to be Australian citizens, the government is closely monitoring current events and will do everything necessary to guarantee the integrity of elections.”

He said he would “closely consider” recommendations for electoral officers to be given more powers to stamp out disorderly behaviour.

Originally published as Jing Li attempts to reopen trial into Adelaide City Council election as review delivered into improving council elections