Zoe Daniel’s campaign has launched a supreme court challenge against a Victorian council ruling that the independent candidate’s signs cannot be erected before the federal election is called.
On Friday, the Bayside city council backflipped on an earlier ruling, instead finding in favour of the Liberal MP Tim Wilson, who complained that Daniel’s signs had been put up prematurely. The council has now begun threatening residents with fines if they don’t “remove or completely cover” the signs.
Daniel’s campaign director, Keith Badger, will act as plaintiff in a case against the council seeking a declaration that the signs are lawful. Bylaws provide that signs may only be displayed for 14 days after an event or three months in total.
Bayside 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.
Wilson wrote to local party members in February urging them to dob in allegedly unlawful Daniel campaign signs.
On Monday, the council wrote to volunteers warning the council had received “a number of complaints” about political signs, asserting they “can only be displayed when an election has been called”.
“As no election has been called the political sign displayed on your property is unauthorised,” it said.
It warned that “fines may be issued for not complying with state legislation”, urging those displaying signs to “remove or completely cover them” within two days.
Daniel had objected to the council’s ruling, arguing it was inconsistent with neighbouring councils’ interpretations of the rules, including in the neighbouring federal seat of Kooyong where treasurer Josh Frydenberg signs have proliferated.
The challenge will also argue the council has interpreted the law incorrectly, contradicted its earlier advice to Daniel volunteers, and its interpretation is contrary to the implied freedom of political communication.
Badger has sworn an affidavit which notes that Daniel’s campaign identified that name recognition would be critical because she was running without party backing.
“Where a candidate has no previous association with politics in the electorate [lack of recognition] becomes the biggest barrier to engaging in a fair contest,” he said.
Badger argued Wilson had “significant financial backing of the party of government” whereas Daniel was relying on “the goodwill of our community to get the word out through displaying their enthusiasm” on signs.
Daniel is backed by the Voices for Goldstein community group and Climate 200, which has raised millions to support independents running on a platform of greater integrity in politics and more action to combat climate change.
On Monday, Wilson told Guardian Australia: “Council has advised us that if we erect signs we will be in breach of the law and get fined, so we have complied and not erected signs.”
Wilson defended his warnings about fines, arguing it was “other candidates” encouraging their supporters to erect signs putting them at risk.
