A local council has reversed its position on the sign stoush in the Goldstein electorate, now ruling in favour of Liberal Tim Wilson, who complained that independent Zoe Daniel’s signs had been erected prematurely.
The Bayside city council now claims that because the House of Representatives election is not technically due until 3 September, signs put up before 3 June are unlawful – until the election is called.
A spokeswoman for Daniel said “given the council has backflipped on its original advice to us, which it reiterated publicly two days ago, we are taking further legal advice”.
Wilson had written to his constituents accusing Daniel’s campaign of “ignoring the council” by allegedly unlawfully erecting signs before the election had been called, and urging them to dob in her supporters.
On Wednesday the council ruled that – since the election will be held by 21 May – signs erected after 21 February “are within the [three-month] period in which an election must be held” and are lawful, even without a permit.
That ruling has now been changed, after Wilson complained that, although 21 May is the deadline for a combined lower house and Senate election, the last date for the House of Representatives election is technically 3 September.
A lower house election that late would only be possible if the government chooses to split the two votes by having a half Senate election first, almost unheard of this late in the political cycle.
On 21 February, Scott Morrison said the “election has to be held by about the middle of May”.
“That’s what the constitutional requirements are and, you know, the election will be held this year,” he told Tasmania Talks radio.
But the council has now said it has “received advice from the Australian Electoral Commission regarding the timing of the forthcoming federal election”.
“The AEC has advised that there is a possibility of separate elections for the two houses of the Australian parliament, with the latest possible date for a Senate election being 21 May 2022 and the latest possible date for a House of Representatives election being 3 September 2022,” it said.
Consistent with earlier advice, @BaysideCouncil confirms election signs on homes need planning permits until poll is called, or 03/06 (<3 months 03/09). We’ve always obeyed this law. All candidates should show integrity & do the same. https://t.co/ksLeW6G1Zd
— Tim Wilson MP (@TimWilsonMP) February 25, 2022
The council noted bylaws allowed signs to be displayed for 14 days after an event or three months in total.
“Based on [the] above, any sign associated with a House of Representative candidate would be unlawfully erected if: no election has been called; or the sign is erected prior to 3 June 2022.”
The council said it had advised all known federal election candidates in the seat of Goldstein.
Guardian Australia understands the Daniel campaign engaged a QC to provide legal advice on the sign stoush, including whether requiring a permit infringes the implied freedom of political communication.
Daniel’s lawyers are in discussions with the council, hoping to persuade it to reverse position for a second time.
Daniel is one of a crop of independent candidates backed by fundraising vehicle Climate 200 running for parliament on a platform of integrity, greater action on climate change and better treatment of women.
Although Wilson holds the blue-ribbon seat of Goldstein on an 8% margin it is threatened by the independent challenge.
After encouraging constituents to dob in allegedly unlawful signs, Wilson said: “I feel sorry for those households about to be fined nearly $1,000 each … because their candidate is knowingly encouraging them to break the law.”
Community group Voices for Goldstein, which has endorsed Daniel, claims the sign stoush is playing well for the independent, resulting in a bumper crop of donations:
Tim Wilson continues to do our work for us
— Voices of Goldstein (@GoldsteinVoices) February 24, 2022
Yesterday we had a 6 fold increase on our average daily donations
You can still get in on the actionhttps://t.co/UxuwiUA0fZ
On Thursday, Daniel shared news of the council’s deliberations on the sign stoush, thanking the “flood of new people who have engaged with our campaign this week”.
Thank you to the flood of new people who have engaged with our campaign this week and signed up to get involved. Talk to your friends! Every conversation takes us closer to Canberra. 🙏 #GoldsteinVotes https://t.co/s4ItOt7iqo
— Zoe Daniel (@zdaniel) February 23, 2022
Guardian Australia contacted Daniel, Wilson and the AEC for comment.
