A South Australian court has determined that the 2022 Adelaide City Council election was compromised by "illegal practices," casting doubt on the integrity of the results. The ruling stems from allegations that ballot papers were mishandled by individuals representing candidate Jing Li, who currently serves as a councillor. Despite these findings, Judge Burnett did not annul the Central Ward election but emphasized that the court holds the authority to make such declarations, leaving the future of the election results uncertain.
"The Court has the power to make such declarations"
— Judge Burnett
The court's investigation revealed photographs of two men manipulating five ballot papers outside the Vision on Morphett apartment building on October 27, 2022. Additional evidence showed these men handling ten ballot papers at the Stonemill Restaurant on Morphett Street on the same day. Furthermore, the court identified 16 individuals whose ballots were not completed by themselves. These pieces of evidence led Judge Burnett to conclude that, "on the balance of probabilities," these illegal practices influenced the election outcome.
Allegations and Legal Proceedings
Former city councillor Alex Hyde challenged the 2022 Central Ward election results, alleging that it was not "free and fair." Hyde filed a petition in December 2022, seeking to void the election results. Although Judge Burnett dismissed separate bribery allegations against Cr Li, he acknowledged that the evidence substantiated claims of electoral misconduct.
"On the balance of probabilities that the illegal practices affected the result of the election"
— Judge Burnett
Judge Burnett highlighted that individuals acting for Cr Li improperly assisted voters in violation of section 61 (1) of the Elections Act. They unlawfully possessed postal voting papers not issued to them personally. This revelation prompted Judge Burnett to invite submissions regarding whether to annul the entire Central Ward election, which would necessitate a re-election for four councillors, including Deputy Lord Mayor David Elliott, Carmel Noon, Simon Hou, and Cr Li.
Reactions and Implications
Adelaide Lord Mayor Jane Lomax-Smith expressed relief at having a judicial conclusion and reassured citizens about the continuity of council services amidst these legal proceedings.
"It's a relief to have a judgement after such a long time and we respect the decision of the court"
— Adelaide Lord Mayor Jane Lomax-Smith
"In the meantime, it's important to assure our constituents that the functions of Council continue, and services will continue to be delivered"
— Adelaide Lord Mayor Jane Lomax-Smith
Cr Li, who narrowly defeated Alex Hyde by 24 votes for a Central Ward seat, refrained from commenting extensively due to ongoing legal matters but acknowledged that submissions had been invited by the court.
"The matter is still before the court and we have been invited to make submissions"
— Jing Li
Alex Hyde viewed the judgement as a victory for democratic processes but voiced concerns about its broader implications for electoral integrity in Australia.
"This is a win for democracy but serious questions still linger"
— Alex Hyde
"This judgement, among other things, means that a capital city election in Australia was affected through illegal activities … it has serious implications"
— Alex Hyde
The Path Forward
The court's decision leaves open the possibility of voiding the Central Ward election, which could result in another electoral contest for the affected council seats. As stakeholders prepare submissions for Judge Burnett's consideration, the case underscores significant challenges in ensuring transparent and fair electoral processes.
