Defeated candidate contests VEC count

A SURF Coast Shire Council candidate has lodged an appeal at the Municipal Electoral Tribunal after he was defeated in a recent by-election.

Adrian Schonfelder said he was upset with the Victorian Electoral Commission’s countback process.

Carol McGregor resigned from the council in June, citing a combination of tricky councillor dynamics, personal issues and a desire to get back on her career path as a psychologist.

Ms McGregor created an extraordinary vacancy, which was filled by James McIntyre following last month’s Winchelsea ward countback.

But Mr Schonfelder believes the VEC should countback the votes of all candidates in the ward to elect new councillors.

“Carol McGregor only had 30 more votes than me,” he said. “When the countback took place only her votes were counted.

“I believe all votes should have been counted for a fairer and democratic process.”

It was a shock result for Mr Schonfelder, who many believed would be elected due to having the most first preference votes.

The Barrabool resident polled 21.31 per cent, narrowly behind Cr McGregor with 21.91 per cent of first-preference votes in the 2016 council election.

Comparatively, Cr McIntyre polled 12.81 per cent of first preference votes.

He said he respected Mr Schonfelder’s right to appeal the countback.

“It’s a matter for Adrian and I will respect his ability to go through the process and I’ll await the decision and abide by it,” he said.

Surf Coast Shire Council governance and infrastructure manager Anne Howard said Cr McIntyre was duly appointed and continued to fulfil his role as a councillor.

“The application for review makes no allegation about Cr James McIntyre or council,” Ms Howard said.

Mr Schonfelder said he has “no grievances with Surf Coast council” but rather the VEC.

His case had been adjourned pending the outcome of a similar separate case in the coming months, he said.

“I’m very pleased my case was adjourned and not dismissed,” Mr Schonfelder said.

VEC spokeswoman Marie Guerin said Cr McIntyre would continue as a councillor while the case was ongoing.

“The Local Government Act 1989 prescribes the procedure for conducting a countback to fill an extraordinary vacancy in a local council. The VEC is legislatively bound by the requirements of the Act and cannot ‘alter’ this process,” she said.