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ARTICLE · 07 MAY 2022

Elections to be rerun for three local councils following technical glitch

Applicable law & the decision made in relation to a technical issue with a remote electronic voting system.

AustraliaGovernment, Public Sector

In 2022, it is clear that many, if not most activities that we would ordinarily carry out in person, can now be done online. But sometimes, technology fails and things can go wrong. The 2021 NSW local government elections are an example of that.

The NSW Supreme Court recently set aside the 2021 local government election results in respect of the Shellharbour City, Kempsey Shire, and Singleton Councils because of a technical issue with their remote electronic voting system, iVote. Those Councils must now rerun their elections. The technical issue in question in the case of NSW Electoral Commission v Kempsey Shire Council (No 2) [2022] NSWSC 282 was that, because of high iVote uptake, not all voters who applied to use iVote actually received the iVote number that they needed to be able to actually vote remotely.

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