Rex Patrick lodges petition to challenge council election result in Court of Disputed Returns

The former Senator says illegal practices revealed during the campaign mean the election of Lord Mayor Jane Lomax-Smith should be set aside.

Former senator Rex Patrick is challenging the Adelaide City Council result. Picture: Matt Turner.

Failed Lord Mayoral candidate Rex Patrick has petitioned the Court of Disputed Returns to have the election declared void due to illegal practices revealed during the campaign.

Mr Patrick lost the race to former Labor cabinet minister Jane Lomax-Smith by just 52 votes on November 12, following a campaign that included voter scam allegations.

The former senator said the SA Electoral Commissioner had identified “illegal practices” so “no one in Adelaide can be confident that the declared result reflects the will of the people”.

“This is particularly the case when a very narrow margin existed between first and second place in the ballot for Lord Mayor,” Mr Patrick said.

Mr Patrick has enlisted the help of new councillor and solicitor Henry Davis, who recused himself from a discussion on the election at Tuesday night’s council meeting.

Adelaide City councillor Henry Davis Picture: Supplied

Lord Mayor Jane Lomax-Smith poses at Adelaide Town Hall. Picture: David Mariuz

In November, The Advertiser revealed the Electoral Commission was investigating an alleged voter scam in four city apartments home to a large number of international students.

Commissioner Mick Sherry determined a number of ballots had been filled out and returned by a person other than the voter and referred 90 ballots for further scrutiny.

As a result, 23 votes deemed to be affected by illegal practices were excluded from the Adelaide City Council election count.

Mr Patrick had received the most votes in the mayoral race, before preferences were allocated.

He said he lodged his petition in court – after the commissioner refused a request for a ballot recount – having run a campaign on wanting to improve integrity, transparency and accountability.

“Consequently, I cannot walk away without pursuing a proper resolution of this matter,” Mr Patrick said.

“I would like to stress that the petition is in no way directed at the conduct of the elected Lord Mayor Dr Lomax-Smith, who ran a professional and respectful campaign.”

Mr Patrick said he was yet to decide whether he would again run for mayor if the election was deemed void.

Dr Lomax-Smith said the challenge would not affect the operation of the council which was sworn in on November 24.

“I believe it is important to avoid distractions while the various investigations and the court action are in train,” she said.

“I have confidence and respect for the processes of the investigation and the legal deliberations and will, of course, support the outcome.

“The new council and our administration are working hard and will continue to get on with the task of delivering for our community.”

Originally published as Rex Patrick lodges petition to challenge council election result in Court of Disputed Returns