More than four months after the federal election, the last remaining seat has finally been decided after Liberal hopeful Gisele Kapterian conceded defeat and abandoned a court challenge.
The Sydney seat of Bradfield was an extremely tight race, with Kapterian initially winning by just eight votes before a full recount saw teal independent Nicolette Boele succeed with 26 votes.
The NSW Liberal Party launched legal action to review the validity of 151 of the 118,000 ballot papers, which had internally come into question, but Kapterian today announced the challenge has been withdrawn after a review provided her with the reassurance that the results were accurate.
”After a final review of the ballot papers following the two different results in Bradfield, I am satisfied that, overall, the correct outcome has been declared,” she said in a statement.
“Accordingly, we have taken the decision to no longer press the petition for a final review by the Court of Disputed Returns.
“With two different outcomes declaring two different winners, I’m grateful our electoral system anticipates and supports the need for further scrutiny through a statutory right.
“This is particularly so given the often difficult and subjective nature of ballot interpretation.”
The Australian Electoral Commission has been notified of her decision and said no stone was left unturned in the case.
“Australians can be confident that the AEC left absolutely no stone unturned when it came to scrutinising this extremely close election result under the very watchful eye of many scrutineers,” AEC Commissioner Jeff Pope said.
Bradfield had become the most hotly contested federal seat in the country since polls closed on May 3.
The Liberals had been desperately trying to cling to the blue-ribbon seat, which had not elected a non-Liberal MP in its 75-year history.
Today, 145 days after the federal election, Kapterian conceded the seat to Boele.
“I’m disappointed to miss out on contributing from inside the party room, but I will continue to play my part,” Kapterian said.
“I wish Ms Boele all the best in the role, and I thank the people of Bradfield for this incredible opportunity to have spoken with so many of you to hear your ideas, your stories, and what matters most to you.”
Boele accepts the ‘privilege of my lifetime’
The teal independent had unsuccessfully run for the seat in 2022 but made history at the federal election earlier this year, taking the seat from the Liberals for the first time.
She has been serving as Bradfield MP while her win was being challenged by Kapterian.
Boele accepted her rival’s defeat today and said her continuation in the role was the “privilege of my lifetime”.
“Today Ms Kapterian conceded defeat in Bradfield and abandoned her challenge in the Court of Disputed Returns. This means I will continue to have the honour of representing the people of Bradfield as their Federal Member of Parliament,” she said.
”Serving this community is the privilege of my lifetime, and I do not take this responsibility lightly.
“I will continue to serve with integrity, care and dedication.”
Boele said being part of the review process had given her an “even greater appreciation” for the safeguards in place and the value of every single vote.
“While we watch checks and balances erode in other countries, our electoral and judicial processes are something we can genuinely celebrate here at home,” she said.
Boele said she has already worked on more than 900 local cases and will now continue to ensure her constituents’ voices are heard in parliament.
“There is much work to do and I look forward to getting it done,” she said.
