Can Ignoring Party-Agents’ Disputes Nullify an Election?
Under the Electoral Act 2026, collation officers must address complaints raised by party agents at their level. If a returning officer simply tells agents to “go to court” without resolving these issues, this violates Sections 65(b) and 138(1)(a). Such non-compliance can be grounds for an election petition and may lead a tribunal to nullify the poll and order a fresh vote. When the final collation officer dismisses all disputes and defers them to court, the entire result is deemed flawed. Proving substantial non-compliance with evidence—such as witness statements, video recordings, and certified forms—can result in the cancellation of the election and a rerun. In both scenarios, improper handling of disputes by a returning officer creates a valid basis to challenge the election outcome and seek its invalidation.
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