Teal Nicolette Boele wins Bradfield by 26 votes as Liberals mull legal challenge

The independent candidate has won the seat by a razor-thin margin of 26 votes, making the result ripe for a Liberal-backed legal challenge.

Nicolette Boele’s path to parliament could be disrupted by a legal challenge. Picture: Damian Shaw/NewsWire

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Independent Nicolette Boele has clinched victory in the northern Sydney seat of Bradfield ­following a full recount, but her path to parliament could still be blocked by the Liberal Party launching a legal challenge to the result.

The Australian Electoral Commission on Wednesday afternoon announced Ms Boele had won the seat by 26 votes, having finished eight votes behind her Liberal rival, Gisele Kapterian, in the ­initial vote count.

“Ballot paper formality determinations made during the initial distribution of preferences led to a margin of eight in favour of the Liberal Party candidate heading into the recount,” the AEC said in a statement. “Further rulings on ballot paper formality during the recount process has seen this change, which historically is not uncommon in a recount.”

Liberal candidate Nicolette Boele has continually campaigned for the seat since 2022.

Following the AEC’s declaration, Ms Boele expressed her full confidence in its finalisation of the outcome – the last of 150 separate House of Representatives contests.

“Whether … there is an ­appeal is not in my power,” Ms Boele said.

“That’s up to the other side. I’m in the business of getting on with making sure that the people of Bradfield have their interests and their voices heard in this next federal parliament.”

In a statement released late on Wednesday, Ms Kapterian, who contested the seat after former Liberal frontbencher Paul Fletcher retired from federal politics, said she was assessing the inconsistent results.

“The recount has created a different result – while I was ahead at the conclusion of the original count, Ms Boele is now ahead after this recount,” Ms Kapterian said.

“I will now carefully review the two counts.”

After the writs are returned, Ms Kapterian will have 40 days to contest the outcome in the Court of Disputed Returns, which would seek to establish whether any ­errors were made in the election process.

Should enough errors be identified to cast doubt on the result, the outcome would be invalidated and a by-election called.

Liberal candidate Gisele Kapterian is considering contesting the result.

While Ms Kapterian and the party’s NSW division were still mulling over possible legal action on Wednesday evening, The ­Australian understands three possible avenues to challenge the result have been identified.

They include that the count and the recount produced different winners, both representing less than 0.02 per cent of the total ballots cast, and that 170 votes originally classified as formal were ruled informal – more than six times the final margin.

A further ground for contesting the result could be that the total votes increased between the first count and the recount, which reflected around a third of the difference between Ms Boele and Ms Kapterian.

The outcome represents a significant blow for the Liberal Party and its leader, Sussan Ley, who had relied on Ms Kapterian’s support in what was an ugly contest to replace Peter Dutton as Opposition Leader.

With the opposition being sure of retaining the seat after the AEC’s preliminary vote count, Ms Kapterian was permitted to vote in the leadership ballot. She was rewarded by being appointed the opposition’s assistant communications spokeswoman.

Barring a by-election, the Opposition Leader will now need to find her replacement.