Decision on Lester’s bid for recount due Tuesday
Ousted Wellington mayor Justin Lester’s formal request for a vote recount will be considered by a District Court judge on Tuesday.
Lester, who lost out on the Wellington mayoralty to Andy Foster by just 62 votes, officially lodged his request for a recount at Wellington District Court yesterday.
The challenge is largely based on the discounting of 302 invalid votes which, if counted, would have swung the election Lester’s way.
These were votes that, through the single transferable vote (STV) system, would have gone to Lester or Foster but were eliminated because they were not filled out correctly.
Of those, 193 would have gone to Lester, compared with 109 for Foster – enough to overturn the 62-vote deficit.
Lester, along with his legal counsel Graeme Edgeler, said those votes should be counted because they clearly showed voters’ intentions.
‘‘We want to make sure those votes are scrutinised, with the potential that they could be counted, and we also want a manual count of all votes to make sure that all those votes have been counted correctly.
‘‘Legal precedent suggests that voter intention is the most important thing. So if we can show there is clear voter intention that is in favour of me, as opposed to my opponent, hopefully that vote will count.’’
The precedent on which Lester’s case hinges is based on Winston Peters’ election to the Hunua ward in 1978.
On that occasion, Peters won on a recount after it was ruled voting papers not filled out correctly should be excluded, even if those voters’ intentions were clear.
That ruling was subsequently challenged through the Court of
Appeal, and a precedent set that any voting paper that clearly signalled a voter’s intention should be considered.
Edgeler said it was important the invalid votes were reconsidered.
‘‘We don’t know the result is going to change but we think there’s a reasonable chance that it could and that’s enough to get a judge to order a recount.’’
He rejected the suggestion a manual count would be too difficult, or that it would be less accurate than a computer count.
"There have been instances in the United States with computer counts when they looked closely and did a very careful recount, and a new candidate was elected and several hundred votes changed.
"I think a hand count can make a difference. And having a judge to look at the difficult votes can make a difference as well.’’
Earlier this week, both Electionz. nz and Election Services said NZ Post’s unreliable service meant a change to the voting system was needed.
There have also been reports of long queues at voting locations, resulting in people being unable to submit their votes in time.
But Lester said he was not seeking late votes to be included in the recount.
He rejected suggestions that he should move on from the election defeat.
‘‘We spend close to a million dollars on an election – you want to make sure you get the result right.’’
The application to the court cost $950, which Lester paid.
He was confident he had strong support among councillors should he be re-elected.
Meanwhile, Wellington City Council chief executive Kevin Lavery said the induction ceremony for new councillors would take place as scheduled on Wednesday.
"Any decisions that are made after the swearing-in and before the outcome of the potential recount will be lawful regardless of the court’s decision,’’ he said.
‘‘Legal precedent suggests that voter intention is the most important thing.’’ Justin Lester