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Electoral Act 1993

Election petitions - General provisions

260: Matters excluded from challenge

You could also call this:

"Things you can't dispute in an election court case"

Illustration for Electoral Act 1993

When you are at a court hearing about a petition under section 258, some things cannot be challenged. You cannot say a decision is wrong because someone voted in the wrong area. You also cannot say a decision is wrong because a vote was not counted when it should have been. Additionally, you cannot challenge a decision based on claims that a candidate or their agent did something corrupt or illegal, or that corrupt practices happened during the election.

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Topics:
Government and voting > Elections
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261: Provisions applied, or

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Part 8Election petitions
General provisions

260Matters excluded from challenge

  1. On the hearing of a petition presented pursuant to section 258, no decision shall be subject to challenge on the grounds—

  2. that the vote of any elector should have been disallowed because he or she was not qualified to vote in the electoral district in respect of which he or she cast his or her vote; or
    1. that the vote of any voter that was disallowed should have been allowed; or
      1. that a candidate or candidates, or the agent of any candidate, was engaged in a corrupt or illegal practice; or
        1. that corrupt or illegal practices prevailed at the election.