A byelection in the crucial seat of Ferny Grove is looking like increasingly likely, with the Electoral Commission of Queensland pledging to refer the result to the courts after finalising the statewide count.
In a statement issued on Sunday afternoon, the electoral commission said it intended to finalise the count in all electorates immediately after the postal vote cut off at 6pm Tuesday. From there, the writ will be returned to the governor with results in all seats.
This will include Ferny Grove, despite the post-election disqualification of Palmer United Party candidate, Mark Taverner, for being an undischarged bankrupt.
“Immediately the writ is returned, the commission will refer the election in Ferny Grove to the court of disputed returns,” the statement reads. “... to determine (its) validity and, if it is invalid, decide what consequences arise.”
One such consequence is a byelection in the seat, it notes.
Under the Electoral Act, the commission is not allowed to refer the Ferny Grove count to the court before the writ is returned.
The commission’s intentions, coupled with strong support for a byelection from the Liberal National party, mean it’s increasingly likely local voters will have to head back to the polls.
With some 88% of votes counted, neither Labor nor the LNP have secured the 45 seats needed to form government. Labor however remains in front, on track to win 43 seats to the LNP’s 39 and has also secured the support of independent Peter Wellington.
LNP leader Lawrence Springborg has urged caution on predicting the final result after speculation that a win in the seat of Maryborough could deliver Labor its much-awaited 45th seat. He warned that the overall outcome depends on what happens in Ferny Grove.
“No particular party at this stage can confidently say they have forty-five seats or more,” Springborg said.
“Regardless of the outcome in Maryborough ... it is going to hinge more on what happens in Ferny Grove than it will hinge on any other seat,” Springborg said..
Labor leader Annastacia Palaszczuk was optimistic about securing Maryborough and clinching the numbers needed to form minority government. But pressed to put a date on when she expected to be take the keys to the premier’s office, she urged patience.
“We have to wait, we have to wait,” she insisted. “That’s going to be a matter for the Electoral Commission, but hopefully very soon.”