Monique Ryan pursues legal action over controversial voting issue

A high-profile teal independent is pursuing legal action after blaming Scott Morrison for controversial Covid voting rules.

Prominent teal independent Monique Ryan will continue to pursue legal action after blaming Prime Minister Scott Morrison for creating a voting loophole.

Dr Ryan has launched Federal Court action against Ben Morton, the government’s Special Minister of State, who has responsibilty for election issues.

The challenge centres on people with Covid being able to cast their votes over the phone.

Mr Morton said in a statement on Friday that the eligibility criteria for telephone voting had been expanded to address the issue, following a recommendation from the Australian Electoral Commission.

But Dr Ryan has since confirmed the last-minute change did not mean the legal challenge was over.

“Until we have a law – not an announcement – we are continuing to support action in the Federal Court on this issue,” she said.

When Mr Morton made the announcement on Friday morning, Dr Ryan said her team was “relieved” but blamed Mr Morrison for creating the problem.

“We are so relieved that the Prime Minister has been forced to change this law,” she posted to Twitter.

The grandchild of my COVID positive neighbour who brought the issue of phone voting to my attention gave me this drawing this morning.

Thanks to 1,361 supporters and my amazing team, my ill neighbour is one of thousands who now have the opportunity to vote.#KooyongVotespic.twitter.com/JWGVOQXtbC

— Dr Monique Ryan (@Mon4Kooyong) May 20, 2022

“It‘s extraordinary that we had to crowdfund last night to sue our own government for the ability to vote.

“This was entirely predictable. Who caused this situation? Scott Morrison. Who provided certainty? An Independent.”

Earlier, the AEC had stated that anyone who tested positive for Covid between Saturday and 6pm on Tuesday cannot do a telephone vote because they were eligible to apply for a postal vote.

“The federal government, in consultation with the federal opposition, has immediately acted on advice provided by the AEC this morning,” Mr Morton said in a statement.

“Any voter has tested positive for Covid-19 after 6pm Friday 13th May will be able to access the Secure Telephone Voting service.”

Since posting about the disenfranchisement of voters who have recently tested positive, I've heard from many who are personally affected and very distressed.

I have engaged a legal team to look at what can be done to ensure that all Australians can vote.https://t.co/79p0TrrsE9

— Dr Monique Ryan (@Mon4Kooyong) May 19, 2022

The initial news that some Australians might not be able to vote immediately created outrage in the community, with Dr Ryan calling it a “disenfranchisement of voters”.

“I think it’s safe to assume that a great many people who were in their sick beds with Covid didn’t know about the postal vote deadline,” she said.

“I’m going to guess that young people, people who speak a different language at home, etc are VERY unlikely to have known about this.”

She raised over $126,000 from donors to take legal action against Mr Morton over the voting regulations he passed.

“We‘re taking Special Minister of State, Ben Morton, to the Federal Court tomorrow (Friday),” she posted.

“We’re fighting to ensure up to 201,000 Australians with Covid can vote this election.

Independent Monique Ryan said an issue with the government’s telephone voting regulations could affect over 200,000 Australians. Picture: Daniel Pockett / Getty Images

“We shouldn’t have to sue our government to ensure everyone with Covid can vote in this election.”

Despite legal action continuing, Dr Ryan anticipates that “significant funds” from the $126,000 will still be left over.

“Our intention is to offer a refund of unspent funds to all donors as soon as possible,” she said in a statement.

“Some donors have indicated that they don’t want refunds. In that event, we will donate any remaining funds to a charitable legal advocacy fund to keep fighting for all Australians’ ability to vote.”

The AEC said people who tested positive between Saturday and 6pm on Tuesday are not eligible for a telephone vote due to voting legislation and regulations.

“People who did not apply for a postal vote before the Wednesday 6pm application deadline, haven’t voted yet, tested positive before 6pm Tuesday, and are in isolation through to after election day, may not be able to vote,” the AEC posted to Twitter on Thursday.

People who did not apply for a postal vote before the Wed 6pm application deadline, haven’t voted yet, tested positive before 6pm Tues, and are in isolation through to after election day, may not be able to vote.

— AEC ✏️ (@AusElectoralCom) May 19, 2022

“People who tested positive to Covid after 6pm on Tuesday (and haven’t voted yet) are eligible for a telephone vote.

“Telephone voting is an emergency service only, for the unique circumstances of the pandemic, with deadlines set in the legislation/regulations. It is for people who are eligible for the service and have had no other option after their positive test.”

Dr Ryan said it would only take the “stroke of a pen” from Prime Minister Scott Morrison to fix the issue, which she is concerned could decide close electoral races.

“At least 201,000 people tested positive during that period, according to case numbers. Which is 1.2 per cent of the electoral roll,” she posted

“That’s enough to determine the result in many close races. There were eight electorates closer than that in 2019.”

Dr Ryan is in what is expected to be a tight race for the seat of Kooyong against federal Treasurer Josh Frydenberg.