A by-election will be held in Whittlesea’s Lalor Ward after the Victorian Civil and Administrative Tribunal (VCAT) voided the election result.
The October 2024 council election result in Lalor Ward was referred to VCAT by the Victorian Electoral Commission (VEC) in the days following the election as part of an investigation into suspected vote tampering in the ward.
The VEC referred voting irregularities to police and the Local Government Inspectorate (LGI) for investigation after it detected a high number of multiple ballot papers appearing to be from the same voters.
Labor candidate and former Whittlesea councillor Stevan Kozmevski was elected with 4953 first preference votes, ahead of independent Ellen McNaught (4003 votes) and community independent Nicholas Hajichristou (3344). After preferences, Mr Kozmevski had 6170 votes to Ms McNaught’s 6131 – a difference of 39 votes.
Mr Kozmevski served as one of Whittlesea’s councillors since the new council was sworn in.
VCAT’s decision means he no longer holds the office of councillor.
In her May 8 decision, VCAT vice president, Judge Caitlin English said there had been “attempted and actual interference” with the election, with ballot papers stolen from letter boxes in an area of streets west of Edgars Road.
She said the actual number of stolen ballot papers was unknown, with at least 81 stolen.
She said it was known that 57 fraudulent votes were admitted to the count and 24 fraudulent votes excluded from the count.
A further 24 genuine votes corresponding to the 24 excluded votes, were also left out of the count as they were deemed to be multiple return,
The VCAT decision stated that the VEC identified the fraudulent ballot papers after identifying a patter of incorrect dates of birth and similar styles of handwriting on the declaration envelopes.
The VEC checked the date of birth on the declaration flaps on the returned votes against the voter’s date of birth on the electoral roll. If they did not match, the signature on the declaration was compared to a signature specimen on the enrolment record.
The VEC submitted that 24 fraudulent votes excluded from the count identified Mr Hajichristou as their first preference.
The VCAT decision said the VEC submitted that: “The tribunal can infer that the 57 fraudulent votes that were included in the count, which the evidence shows form part of the same fraudulent scheme as the 24 excluded fraudulent votes, were also made in favour of Mr Hajichristou”.
There was no suggestion Mr Hajichristou was responsible for, or involved in, the fraud, the VEC submitted.
In voiding the election result, Judge English said she was satisfied that a majority of voters might have been prevented from elected the candidate they preferred.
“Due to the systematic stealing of ballots and casting of fraudulent votes, I am satisfied the electors were proven to have been prevented from recording their votes effectively according to their own preference,” she said.
“Mr Kozmevski honestly conducted an election and secured a majority of legal votes in a properly conducted election. It was accepted by the VEC that its unknown what impact those 57 votes had on the actual result.
“The principal issue with the fraud, however, is that a minimum of 57 genuine voters have been denied the opportunity to cast their vote on the basis of voter fraud that commenced with the theft of their ballot papers from their home address.”
Whittlesea councillor and Labor member Lawrie Cox, who appeared at VCAT on behalf of Mr Kozmevski, said VCAT had cleared Mr Kozmevski and Labor of any involvement.
“The decision confirms Stevan was honestly elected by voters,” he said.
“It was clearly a campaign by anti-Labor people to dislodge Stevan who has been a long-serving and respected councillor.
“This group has been rewarded for defrauding voters.”
Cr Cox said Mr Kozmevski was disappointed with VCAT’s decision but would contest the by-election.
In a statement to Star Weekly, Mr Kozmevski called for the completion of a police investigation into the vote tampering in the hope the culprits would be identified and charged.
“It is disappointing to have to return to a by-election due to the behaviour of a small group. The attempted fraud by person or persons unknown on behalf of a candidate whose platform was simply anti-Labor is disturbing,” he said.
“Their attempt failed miserably as the preferred candidate for the fraud ran last in the ballot and the flow of preference directed against me was not enough to change the result.
“I look forward to recontesting the seat when the new ballot is called.”
Mr Kozmevski said the case highlighted the problems associated with a postal vote.
Acting electoral commissioner Dana Fleming welcomed VCAT’s decision.
‘To those who seek to subvert our electoral processes, there will be consequences to your actions. We will detect your efforts, and we will act,’ Ms Fleming said.
The decision leaves Whittlesea with nine councillors, after Kirrip Ward councillor and former mayor Aidan McLindon was suspended for six months on April 16.
In a statement, Whittlesea council said it noted VCAT’s decision.
“Council thanks Mr Kozmevski for his service to the City of Whittlesea community over many years, across a number of council terms,” council said.
“While the role of Lalor Ward councillor remains vacant, residents of the ward are advised to direct enquiries on council business to the mayor, deputy mayor or the broader councillor group.”
It is not yet known when the new vote will be held – the VEC is requires to set a date within 100 days of VCAT’s decision.
