Western Australia will go back to the polls for a new Senate election, the High Court has ruled.
The Australian Electoral Commission (AEC) had petitioned the court asking for the Senate results from September's federal election to be declared void after 1,370 votes could not be found for a recount.
In a statement this morning, the AEC said an election of six senators for Western Australia will occur once a writ has been issued by Governor Malcolm McCusker.
The writ will outline all the key timings for the election, including the dates for the close of the electoral roll, candidate nominations and the day of the election.
Special Minister of State and Liberal senator Michael Ronaldson, the federal minister responsible for the AEC, says it would be inappropriate for him to comment on the court's findings.
"However, the people of Western Australia, having cast their vote at the last federal election, will rightly be aggrieved that the actions of the Australian Electoral Commission will force them to vote again in a fresh election," he said in a statement.
"It is incumbent upon the Australian Electoral Commission to ensure that never again will such a failure of process occur, as it did with the 1,370 lost votes."
Earlier this week, Justice Kenneth Hayne found "the only relief appropriate is for the election to be declared void" because the loss of the ballot papers had prevented electors from voting.
He also ruled that Greens senator Scott Ludlam and the Australian Sports Party's Wayne Dropulich were not duly elected.
Submissions from the Labor Party and the Palmer United Party (PUP) that the first result be upheld were dismissed.
That original count resulted in success for three Liberal candidates, two from Labor and one from the PUP.
However, the closeness of the count in the final two seats won narrowly by Labor's Louise Pratt and PUP's Zhenya 'Dio' Wang, resulted in a challenge by Senator Ludlam and Mr Dropulich, and a recount was ordered.
On the re-count, which excluded the missing ballot papers, Senator Ludlam and Mr Dropulich won the spots.
the High Court just voided the WA Senate election: Back we go. #wavotes— Scott Ludlam (@SenatorLudlam) February 20, 2014
ABC election analyst Antony Green says
in his blog the ruling will be a blow to the Abbott Government.
"Of the six seats up for election last September, four seats were unaffected by the closeness of the count," he said.
"Those senators whose election was not in doubt included all three elected Liberal candidates.
"While two Senate seats were left in doubt by the count, the only option open to the court was to void the election of all six senators and re-run the election."
Mr Green says a re-election could put one of the Liberals' seats in doubt.
"Alternatively the Liberal Party could maintain its support from last September, and possibly turn the election into a referendum on the repeal of the carbon and mining taxes."
http://www.abc.net.au/news/2014-02-20/high-court-decision-on-wa-senate-election/...