Challenging an election

People who take part in Victorian elections can challenge the process or outcome of an election. This is an important protection under Victorian law to keep elections fair.

Because we run these elections, the VEC does not determine election challenges. Instead, independent bodies review valid challenges and make decisions based on the evidence.

Not everybody can challenge an election. Only people, parties and candidates who took part in that election can make a challenge. You can only submit a challenge about an electorate you participated in. For example:

  • candidates can only challenge the result of council, council ward, state district or state region they nominated in
  • voters can only make a challenge about the council, council ward, state district or state region they are entitled vote in.

The VEC can challenge the results of any electorate in an election. Anyone challenging an election result can only apply to do so after the results have been declared (council elections) or the writ has been returned (state elections).

There are different steps to follow for state and local council elections. This page explains what to do if you want to challenge either of these election types.

Before you make a challenge

Challenging an election is a serious process. The information on this page is generic and for information only. Before challenging an election, we strongly encourage you to get independent legal advice. The VEC cannot give you any legal advice about challenging an election.

You should also read through the relevant legislation before starting the challenge process. These are:

Choose your election type

  • State elections and by-elections

    The Electoral Act sets the rules on challenging Victorian Parliamentary elections. This includes who can make a challenge and which body hears challenges. Making a challenge is also often called petitioning the court.

    You can challenge a state election if you were:

    • a candidate in the election of the district or region in dispute
    • entitled to vote in the election of the district or region in dispute

    The Court of Disputed Returns

    The Electoral Act sets the Court of Disputed Returns as the body that hears state election challenges. The Supreme Court of Victoria is the Court of Disputed Returns.

    You must lodge a petition to the Court of Disputed Returns within 40 days of the VEC returning the election writ.

    The Court of Disputed Returns can make many rulings about an election. These rulings include:

    • declaring an elected candidate as not elected
    • declaring a candidate that did not win as elected
    • declaring any district or region election void (meaning the VEC must rerun that election).

    The full powers of the court are listed in section 125 of the Electoral Act.

    People or groups may be asked to take part in an election challenge as a witness. The court can also require witnesses to attend court and provide documents.

    The decisions of the Court of Disputed Returns are final. They cannot be appealed to a higher court.

  • Council elections, by-elections, and countbacks

    The Local Government Act sets the conditions of challenging local council elections. This includes who can make a challenge and which body hears challenges.

    These laws apply to:

    • council general elections (when all councils have an election)
    • council by-elections
    • council countbacks.

    Not everyone can challenge a council election. Only those who took part in that election can make a challenge. This includes:

    • candidates in that election
    • a group of 10 people who were entitled to vote in that election
    • the VEC.

    You or your group can only challenge the election of the ward you are entitled to vote in. You cannot challenge the elections of other wards in your council.

    The Victorian Civil and Administrative Tribunal

    The Victorian Civil and Administrative Tribunal (VCAT) hears all council election challenges. These challenges are heard through VCAT's Review and Regulation List.

    You must make an application for review within 14 days of the declaration of results. You cannot make an application before the result has been declared.

    VCAT can make many rulings about an election. These rulings include:

    • declaring an elected candidate as not elected
    • declaring a candidate that did not win as elected
    • declaring an election void (meaning the VEC must rerun the election)
    • ordering a recount of the ballot papers.

    The powers of VCAT are listed in section 311 of the Local Government Act. VCAT has additional powers under the Victorian Civil and Administrative Tribunal Act 1998 (Vic). This Act gives VCAT the ability to use alternative dispute resolution processes, such as compulsory conference or mediation arbitration.

    VCAT must be satisfied a recount of ballot papers is justified before it orders a recount. This means that the result of the election could be changed with a recount. It must also tell us (the VEC) if it plans to order a recount.

    All councillor positions in a council or ward become vacant if VCAT declares an election result void. If this happens, we will hold a by-election to fill all these vacancies.

    Unlike a state election, VCAT’s rulings on election challenges can be appealed. Appeals go to the Supreme Court of Victoria.

    • More information: