Adelaide City Council 2022 Central Ward election declared void by the District Court

Adelaide’s deputy mayor is among four councillors whose seats have just been declared void in a seismic court ruling.

The 2022 Adelaide City Council election of the Central Ward has been declared void by the District Court, prompting by-elections to be held for four seats. Picture: City of Adelaide

Four Adelaide City councillors, including the deputy mayor, have lost their positions in a bombshell District Court finding that will prompt a by-election for the four seats.

In a landmark ruling Friday, Judge Michael Burnett handed down his final orders after earlier finding the 2022 Central Ward election had been affected by “illegal practices”.

Former councillor Alexander Hyde had challenged his loss in the Court of Disputed Returns against incumbent Jing Li and the Electoral Commissioner for three years.

“A lot of people doubted this win was possible, but I’ve been through a few elections and I know when something isn’t right,” Mr Hyde, who is SA Liberal Party state director, said.

“While I still care deeply about our capital city and South Australia, I do not expect to be contesting this new election.”

The court previously found the election was affected by vote-harvesting and, on the balance of probabilities, votes were cast for Mr Li where “illegal practices” had affected the result.

The court found people, acting on behalf of Mr Li, had illegally dealt in ballot papers and another had collected an unspecified amount of unfilled ballot papers.

“The scary part about this saga is that had I not undertaken this process as a private citizen, at my own cost, a dodgy election influenced by the use of foreign nationals would have stood as legitimate,” Mr Hyde added.

“This is not about me or the City of Adelaide, but more about the principle: an election in Australia should not be allowed to be stolen.”

Alexander Hyde outside the Court of Disputed Returns. Picture: NCA NewsWire / Brenton Edwards

Jing Li outside the Court of Disputed Returns where his Adelaide City Council election victory was being contested. Picture: NCA NewsWire / Brenton Edwards

Mr Hyde’s legal costs were believed to be about $500,000 and the Electoral Commissioner was ordered by the court to pay 30 per cent and Mr Li, 70 per cent.

Councillors Carmel Noon, Simon Hou, Jing Li and David Elliot, who is also deputy mayor, have all lost their positions, effective immediately.

Adelaide Lord Mayor Jane Lomax-Smith said council meetings would continue with a quorum five, after nearly a third of its 11 elected members lost their positions.

“We will commence preparing for a supplementary election in collaboration with the Electoral Commission of South Australia,” Dr Lomax-Smith said.

“In the meantime, the four Central Ward positions will remain vacant.

“I have asked the CEO to prepare advice for the elected members so that we are fully informed about the impacts of the order.”

Adelaide City Councillor Simon Hou. Picture: Supplied

Adelaide City Councillor David Elliott. Picture: Supplied

Adelaide City Councillor Carmel Noon. Picture: Supplied

Deputy Electoral Commissioner Alice Cashen said the timing of the by-election – with costs to be covered by the council – would be announced as soon as possible.

The current local government term expires in November, 2026.

A special council meeting will be held on Monday night to appoint a deputy mayor and make other appointments affected by today’s outcome.

Mr Li told The Advertiser he was “disappointed about the outcome, but I respect the judge’s orders and will issue a statement at a later stage”.

Mr Hou, who supported Mr Hyde’s petition, said it took too long to reach the conclusion and he didn’t have “the energy to run for the by-election”.

Mr Elliot said was disappointed, but respected the court’s decision and “my intention is to complete my term and represent the residents and businesses that elected me”.

Ms Noon said she felt like she’d been voted off an episode of Survivor and “I will absolutely be throwing my hat back in the ring”.

Local Government Minister Joe Szakacs said it was “vital for our democracy” that communities have faith in the integrity of their elections.

“The Government is in the advanced stages of considering what changes are required for future elections, to ensure that ratepayers can have the highest confidence possible that all votes have been cast and counted fairly,” Mr Szakacs said.

Originally published as Adelaide City Council 2022 Central Ward election declared void by the District Court