Taking Liberals to court over Chinese how-to-vote cards would be 'very difficult'

Labor is considering launching a legal challenge over how-to-vote cards shared on Chinese social media platform WeChat.

Gladys Liu on the campaign trail.

Source: AAP

Labor has been warned a potential legal challenge over Chinese-language how-to-vote cards would likely fail. 

Liberal candidate Gladys Liu is on track to narrowly beat her Labor rival Jennifer Yang to become the first Chinese woman elected to Australia's lower house.

But Labor is considering challenging the result in the Melbourne seat of Chisholm which, if successful, would force a by-election. 
Gladys Liu and Jennifer Yang.
Gladys Liu is set to beat Labor's Jennifer Yang. Source: SBS
Labor believes the voting instructions on WeChat gave Chinese electors the impression they had to vote for Gladys Liu or their ballot would not be counted. 

But law professor at the University of Queensland, Graeme Orr, doubted the party would pursue the case in the Court of Disputed Returns. 

"They have to do two things; one is to show that the election was likely to be affected by an offence and Labor being 1400 votes behind, that's going to be very difficult to prove."
A screenshot of Gladys Liu's WeChat account and the how-to-vote card set to be the subject of a legal challenge.
A screenshot of Gladys Liu's WeChat account and the how-to-vote card set to be the subject of a legal challenge. Source: ABC Australia
Australia's electoral laws do not require truth in political advertising. It is only an offence if people are misled about how to cast a ballot. 

"This WeChat material probably will be read as simply telling people that to vote for Gladys Liu, you need to fill in all the boxes and that's not misleading because we have full preferential voting," Professor Orr said. 

Ms Liu has distanced herself from the WeChat material, but the ABC reports it has evidence she posted the how-to-vote card on her personal account at the end of April.

It's unclear whether the same instructions were handed out to voters at polling booths during the campaign or on election day. 

Professor Orr suggested Labor would have a stronger case in relation to Chinese-language posters using the Australian Electoral Commission's signature purple and white colours. 

The posters displayed at polling booths in Chisholm and two other electorates on election day told locals the "correct way to vote is to put a number 1 next to the Liberals".
"For people who may be gullible and that's the test on election day... seeing material that looks like official material telling them actually how to cast a vote and the authorisation being in tiny letters at the bottom of a sign at the bottom of a fence. That's more problematic."

Labor lodged a complaint about the signs on election day, but the AEC ruled the posters did not breach electoral laws because they "merely contained similar information that almost every candidate and registered political party included on their how to vote cards".

The signs were also used in the Melbourne electorate of Kooyong and independent candidate Oliver Yates, who lost his challenge to Treasurer Josh Frydenberg in the seat, is preparing to take the matter to the Court of Disputed Returns.

Lawyers acting on behalf of Mr Yates said the refusal of the AEC to remove the posters "jeopardised the integrity of the votes cast at affected polling booths".


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By Rosemary Bolger


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