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iVote bungle 'institutional incompetence' Kempsey Deputy Mayor says, calling for further penalties

Kempsey Council faces another election before August after the iVote failure in the 2021 local government elections. (ABC Mid North Coast: Luisa Rubbo)

Kempsey Shire councillors say they are relieved the NSW Electoral Commission (NSWEC) has been ordered to pay for legal expenses and the cost of last year's local council elections, which were declared void due to an iVote system failure.

But Deputy Mayor Alexandra Wyatt says financial penalties were not enough to make up for the emotional toll the saga has taken on the local council and community.

She said it was a welcome surprise that the Supreme Court ordered the NSWEC to pay the "legitimate" campaign costs accrued by successful and unsuccessful candidates.

However, she said, more than just money went into running for council. 

"I spent just under $4,000 [on my campaign] … that's the money I took from my family. As a family, we decided that's what we would spend, and if we were left out of pocket, I would have been very upset," Cr Wyatt said.

"But I calculated around $5,000 of in-kind contributions — it was a lot of work.

"I ended up taking two or three days off work a week on recreational leave for a month."

Councillor Alexandra Wyatt says the compensation is welcome but it doesn't make up for the emotional toll. (Supplied)

Cr Wyatt said taxpayers should not be left to pay for the mistakes made by the NSWEC.

"I'd like to see some retribution from the Electoral Commissioner," she said.

"Imagine what that money could have done for the people in Lismore, or Byron, Ballina or Urunga. I'm sure they'd like to have that money to rebuild their lives and communities.

"I really hope I can have my say in a parliamentary inquiry because this cannot happen again — it's institutional incompetence."

Councillors still unsure if they'll run again

Mayor Leo Hauville said for a lot of candidates, the damage had already been done.

Mayor Leo Hauville says he is worried voters will have election fatigue. (Supplied)

"Councillors are defeated, angry about the system. They are not looking forward to having to campaign again," he said.

Cr Wyatt said having campaign costs covered certainly made a difference for a lot of candidates who funded their campaigns out of their own pockets.

"It was definitely a make or break situation," she said.

"Some people [are] saying if they don't get reimbursed, they might not be able to afford to run again.

"[The compensation] definitely sways me more in favour of running again."

There's also a concern many people will have voting fatigue by the time the new council election is held.

"We have the federal election at some point in May, and within three months, there's going to be another local election, so people might be tired of it," Cr Hauville said. 

Agreed, Ms Wyatt, who said some people didn't want to vote again. 

Key council planning documents at risk

Despite hoping for "business as usual" up until the fresh election, there is concern council work will be affected. 

"I feel I've been able to make some really good advocacy choices for the community already, especially around flood-affected communities in Stuart's Point, South West Rocks and Crescent Head," Cr Wyatt said.

The election of all Kempsey Shire councillors will officially be declared void on May 3. (Supplied)

The council is under a statutory obligation to deliver planning documents that are required to be reviewed every four years. 

Cr Wyatt said she'd like to see the obligation postponed until after a new council was elected, to provide adequate community and council engagement.

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