Electoral Commission refuses Liberal request for extension to nominate candidates

The Liberal Party is considering filing a court case against the Electoral Commission as soon as Sunday after the acting commissioner refused its last-ditch request for a one-week extension to nominate candidates in next month’s council elections.

NSW Liberal Party president Don Harwin sought the seven-day reprieve on Friday, after the party failed to submit nomination forms for 140 candidates by Wednesday’s deadline, and demanded a response by 4pm on Saturday.

Last-ditch effort: Liberal Party president Don Harwin has sought a seven-day extension from the NSW Electoral Commission, but it was rejected.Credit: Rhett Wyman

Acting commissioner Matthew Phillips considered the party’s request but determined not to grant an extension. He did not provide reasons in a public statement issued Saturday evening.

The commission’s response to the Liberals was more detailed. Harwin told the Herald the party and its lawyers were considering their position overnight “and will respond further to the commissioner [Sunday] morning”. He would not comment further.

According to Liberal sources with knowledge of the matter, the party raised concerns about how the electoral notices and nomination forms were issued, with one source suggesting there were “a bunch of errors identified in the way the election manager conducted the process”.

The Liberals also pointed to section 286 of the Local Government (General) Regulation 2021 which stipulates the nomination deadline is the fifth Wednesday before polling day “or such other date as the election manager determines in a particular case”.

Liberal leader Mark Speakman on Thursday.Credit: Kate Geraghty

They believe this gave the election manager discretion and, if necessary, will argue in the Supreme Court that the commission erred in failing to use that discretion.

Ballots for the September 14 election were drawn on Thursday, but papers are yet to be printed, so “there’s a level of urgency in getting all of this sorted”, a Liberal source said. Another source predicted “this will end up in the Supreme Court for sure”.

There were mixed views in the party about the wisdom of a legal challenge, but many MPs say the party has to demonstrate to its angry non-candidates that it is at least trying to fix the situation.

University of Queensland professor of politics and electoral law Graeme Orr rated the Liberals’ chances of a successful challenge “very poorly, unless they can point to something else”.

He said the nomination date could be amended in advance, not in retrospect. “Once you create an exception for one you, end up creating an exception for all. They’re probably so embarrassed they are going to try anything.”

NSW Liberal MP James Griffin, the opposition spokesman for climate change and energy, called for Premier Chris Minns to intervene on the Liberals’ behalf.

“As premier he should do the right thing and support Liberals being allowed to stand as candidates for the council elections. Don’t be afraid of competition. Our democracy is only as good as the competition of ideas on offer.”

The Liberals’ request for an extension also angered independent candidates in councils where the party failed to nominate. Bridget Kennedy, a Lane Cove councillor, said a deadline was a deadline.

“Grassroots independents like myself would never be given any leeway or deadline extension if we failed to lodge our nominations on time,” she said. “They knew what the process was. If they can’t get their act together, then it demonstrates that they are too shambolic to lead.”

Harwin, a moderate faction warlord, is fighting to retain his position as party president amid a blame game in the aftermath of the fiasco, which meant 140 Liberal candidates in 16 councils weren’t nominated in time.

In comments that may undermine the party’s attempt to overturn the situation, NSW Liberal leader Mark Speakman conceded it was a “debacle” and pinned the blame on state director Richard Shields, who was sacked by the party’s state executive late on Thursday night.

Monica Tudehope, Liberal candidate for Epping.

“Our party administration has let the candidates, the party members and the general public down. This is a debacle, there’s no other way to describe it,” Speakman said on Thursday.

“It is a basic matter of competence and administration. If you don’t have the resources to handle these nominations you call for more resources. It’s very basic.”

But Speakman did flag a potential legal challenge at the time, promising “if there are options that can be pursued, or have some prospects, then I expect they will be”.

The party is now facing a potential class action lawsuit from affected candidates. Lawyer George Newhouse, a former mayor of Waverley, is seeking advice from barristers after receiving inquiries from furious, thwarted candidates who are now unable to contest the election.

The catastrophe has overshadowed Saturday’s preselection of Monica Tudehope, the daughter of Liberal Party elder and upper house MP Damien Tudehope, as the party’s candidate for the upcoming Epping byelection, following the resignation of former premier Dominic Perrottet.

Tudehope was a senior staffer to Perrottet, who departed state politics to take up a corporate role with BHP in Washington DC. She received 89 out of the 115 votes cast by preselectors.

She promised to focus on the cost of living. “As a working mum, I know the price of milk, the price of insurance and the cost of keeping the lights on.”

Her father Damien backed in comments from Perrottet describing her as a potential future premier. “I don’t think that’s misplaced,” the senior Tudehope said. “She’s a talent in her own right. She’s probably got more to offer than I had.”

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