Councillors have shared their "shame" and "embarrassment" at being drawn into a Supreme Court case sparked by NSW Electoral Commission's iVote crash and vowed not to run again if forced into another election.
The court is being urged to throw out the local government election results of Singleton, Kempsey, and Shellharbour Ward A after its electronic voter system failed to accept online votes at the December 4 polls.
The commission has named 22 defendants from across all three councils in the case.
On the second day of the hearing, Kempsey Deputy Mayor Alexandra Wyatt said the process had left her so traumatised she would not contest another election.
"I can't afford it and I won't take any other money out of my family's savings," she said.
"There's no guarantee I won't spend another $5,000 and be sitting here again because another system failed.
"For me being a defendant [in the] Supreme Court doesn't produce an image of a good person but a criminal, a bad person, or someone that has committed an offence or crime."
Kempsey councillor Liz Campbell broke down crying telling the court how being dragged into the case had exacerbated a "personal and vicious mistruth" campaign against her.
While re-elected with more than the quota she had not been returned as mayor, and locals were now suggesting she was challenging the outcome.
Holding back tears again she called the case a "deep miscarriage of justice".
"To find yourself a defendant in the Supreme Court defending the fact that you were democratically elected is distressing and it has taken a personal toll on me."
Shellharbour Ward A councillor Maree Edwards told the court the situation was "entirely" the commission's fault.
"It is a monumental error and the commission's failure is now our cross to publicly bear," she said.
Cr Edwards' voice trembled as she spoke to the court over a video link.
"My very ill and elderly father was delighted when I was a successful candidate. He along with my family have had to share my stress and dismay due to the actions of the Electoral Commissioner."
The counsel for Shellharbour Council argued that declaring an election void based on statistical modelling and the assumptions behind it was inherently flawed.
It also argued the costs of another election would be $500,000 to council or taxpayers.
As many as 39 councils in doubt
Kempsey councillor Ian Bain introduced mathematical scientist Vanessa Teague to criticise the modelling and data being used by the commission to identify problems with the vote.
"What I am trying to explain is that the selection of these three councils is really arbitrary," he said.
Dr Teague said because of way the data had been interpreted by the commission the results of 36 additional councils should be in jeopardy.
Kiama MP and former state government minister Gareth Ward is representing Shellharbour Deputy Mayor Kellie Marsh and told the court he "feared and doubted" a fresh election would be fair.
"There is no doubting my client's election. She romped it in," he said.
"Her election and its legitimacy have not once been challenged.
"This is not a case where there was rampant widespread voter fraud, or lost ballot boxes, or ballot stuffing. There were no riots our outbreak of warfare that suspended an election.
"This is matter for the parliamentary committee that oversees the Electoral Commission.
"The commissioner has done absolutely the right thing by bringing this matter to this honourable court to consider, but the relief the commissioner seeks is disproportionate, undemocratic, and unfair."
Mr Ward also warned a self-funded, independent candidate like his client would be at a disadvantage in recontesting the position in the Labor-leaning Illawarra where the major party would "mobilise" its resources.
After two days of hearings Justice Robert-Beech Jones reserved his judgement.
He said if any declaration to void the election were to be made it would not happen before the looming federal election.
