australia

The High Court of Australia sitting as the Court of Disputed Returns has the power under Part XXII of the Commonwealth Electoral Act 1918 to try a disputed return or refer the dispute to the Federal Court for them to try. The petition must be filed with the court within 40 days of [some complicated stuff which basically boils down to the point at which the election became final]. The court is required to make its decision "as quickly as is reasonable in the circumstances."

The powers of the court are detailed in s360 and include:

(v) To declare that any person who was returned as elected was not duly elected;

 

(vi) To declare any candidate duly elected who was not returned as elected;

 

(vii) To declare any election absolutely void;

In practice (v) & (vi) go together as in "he's out, she's in" and are the usual result where a candidate is invalid or has acted against the law.

(vii) is less common and usually relate to irregularities in the vote itself - for example, the 2013 Senate election in Western Australia was voided when 1,375 ballot papers were lost (out of almost 1.35 million) and a new election was held in 2014. It is worth noting that because the Senate is elected by proportional and preferential voting, small changes can affect the outcome.

australia

The High Court of Australia sitting as the Court of Disputed Returns has the power under Part XXII of the Commonwealth Electoral Act 1918 to try a disputed return or refer the dispute to the Federal Court for them to try. The petition must be filed with the court within 40 days of [some complicated stuff which basically boils down to the point at which the election became final]. The court is required to make its decision "as quickly as is reasonable in the circumstances."

The powers of the court are detailed in s360 and include:

(v) To declare that any person who was returned as elected was not duly elected;

(vi) To declare any candidate duly elected who was not returned as elected;

(vii) To declare any election absolutely void;

In practice (v) & (vi) go together as in "he's out, she's in" and are the usual result where a candidate is invalid or has acted against the law.

(vii) is less common and usually relate to irregularities in the vote itself - for example, the 2013 Senate election in Western Australia was voided when 1,375 ballot papers were lost (out of almost 1.35 million) and a new election was held in 2014. It is worth noting that because the Senate is elected by proportional and preferential voting, small changes can affect the outcome.

australia

The High Court of Australia sitting as the Court of Disputed Returns has the power under Part XXII of the Commonwealth Electoral Act 1918 to try a disputed return or refer the dispute to the Federal Court for them to try. The petition must be filed with the court within 40 days of [some complicated stuff which basically boils down to the point at which the election became final]. The court is required to make its decision "as quickly as is reasonable in the circumstances."

The powers of the court are detailed in s360 and include:

(v) To declare that any person who was returned as elected was not duly elected;

(vi) To declare any candidate duly elected who was not returned as elected;

(vii) To declare any election absolutely void;

australia

The High Court of Australia sitting as the Court of Disputed Returns has the power under Part XXII of the Commonwealth Electoral Act 1918 to try a disputed return or refer the dispute to the Federal Court for them to try. The petition must be filed with the court within 40 days of [some complicated stuff which basically boils down to the point at which the election became final]. The court is required to make its decision "as quickly as is reasonable in the circumstances."

The powers of the court are detailed in s360 and include:

(v) To declare that any person who was returned as elected was not duly elected;

(vi) To declare any candidate duly elected who was not returned as elected;

(vii) To declare any election absolutely void;

In practice (v) & (vi) go together as in "he's out, she's in" and are the usual result where a candidate is invalid or has acted against the law.

(vii) is less common and usually relate to irregularities in the vote itself - for example, the 2013 Senate election in Western Australia was voided when 1,375 ballot papers were lost (out of almost 1.35 million) and a new election was held in 2014. It is worth noting that because the Senate is elected by proportional and preferential voting, small changes can affect the outcome.