Windermere candidate Will Smith claims ballot confusion for voters; others ponder legal challenge

A separate legal challenge to the Legislative Council elections was also believed to be in the air, according to retiring MLC Ivan Dean, based on allegations from former premier Paul Lennon that parties were using generic party expenditure to promote candidates in contravention of the Electoral Act.

Related: Liberals in box seat for Windermere, but preferences still to come

Independent Will Smith and Mr Dean both raised concerns about the voting process, citing examples of Newstead residents living over the Windermere boundary, but voting at the closest polling booth in East Launceston and not receiving a Windermere ballot as a result.

They also pointed to the Youngtown booth where they believed Relbia voters would have attended and not received their upper house ballot, and claimed that a Windermere voter only received a lower house ballot at pre-poll.

Mr Smith said he was concerned at the frequency and number of calls he received, believing many Windermere voters would have simply not bothered to attend a second polling booth if they were only able to vote in the lower house the first time.

He said it highlighted concerns about the fairness of the dual-elections - the first time this has occurred in Tasmanian history - and that if the upper house election was held in isolation, voters would have been more aware of the rules.

"We're only hearing from people who would actually called us. We have no idea how many people didn't make contact but faced the same situation," Mr Smith said.

"For many, if they went to a polling booth and didn't realise they could only vote in the lower house, they'd shrug their shoulders and not bother to go to another booth.

"It just adds weight to a potential legal case against calling the elections on the same day.

"I think what occurred yesterday - this sort of confusion - is a really good indicator that there is evidence to back up the claim that the state election did cause undemocratic processes to occur."

Mr Dean said this sort of confusion was "always going to occur" by having the elections on the same day.

He said legal action seemed likely.

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"I have been told there would be an action taken whatever happens," Mr Dean said.

The Examiner attempted to contact Paul Lennon regarding whether he, or others, would act upon his advice from former Solicitor-General Leigh Sealy in regards to generic expenditure under the Electoral Act.

The government has repeatedly denied claims that holding the elections on the same day was unfair.

The Tasmanian Electoral Commission believes it "met the requirements" in informing voters in Windermere and Derwent of how they could vote.

Commissioner Andrew Hawkey said all electors were mailed a brochure detailing "all polling places where people could vote", a full-page advertisement was placed in The Examiner, television advertisements were run and details were included on the TEC website.

He said there were 15 pre-poll locations for the upper house, and he believed strong pre-poll numbers were an indication that the message had gotten through to voters.

"All electors should have gotten the information, and if they couldn't, they had all 15 pre-poll places where they could vote, which is more voting services than normal Legislative Council elections," Mr Hawkey said.

"Pre-poll was triple the normal pre-poll votes.

"This is the best access people have been able to have to a Legislative Council election."