The by-election for the federal seat of Batman is marred by a last-minute scandal, with reports elderly voters received phone calls telling them they did not have to vote.

The Greens had been tipped to seize the seat from Labor. (Credit: ABC)

The by-election for the federal seat of Batman was marred by a last-minute scandal on Saturday, with reports elderly voters received phone calls telling them they did not have to vote.

In response, Labor launched a phone call and SMS blitz urging senior voters to attend polling centres.

"We're encouraging all Batman residents to ignore these dirty tricks and exercise their right to vote."

The electorate has a high proportion of elderly voters, who are traditionally more supportive of Labor.

Labor has declared victory in the Batman by-election, upsetting the Greens who were the favourites to win the inner-Melbourne seat and have now conceded defeat.

Former ACTU president Ged Kearney was on track to defeat the Greens' Alex Bhathal, with the ALP winning back voters from the Greens in the southern part of the electorate.

The by-election was triggered by the resignation of David Feeney, who was unable to find documents proving he was not a foreign citizen.

The seat in Melbourne's inner-north takes in trendy suburbs such as Northcote and Clifton Hill, and stretches to Preston and Reservoir further north.

It was once a Labor heartland, but gentrification has changed the demographics of the area.

The Greens campaign focused on Queensland's Adani coal mine project and Australia's refugee policies, however Ms Bhathal told ABC radio housing was the number one concern of voters across the electorate.

Her campaign had been marred by internal party leaks, alleging bullying.

Labor's announcement of changes to tax policy and franking credits could hurt Ged Kearney's chances in Batman, where there is a large contingent of senior voters.

The Australian Electoral Commission says more than 16,500 people cast an early vote, with another 14,500 registering for a postal vote. </s> Labor wins the Batman by-election, upsetting the Greens who were the favourites to win the inner-Melbourne seat and have now blamed preferences deals between Labor and "hard-right" parties for their defeat.

Labor has declared victory in the Batman by-election, upsetting the Greens who were the favourites to win the inner-Melbourne seat.

Former ACTU president Ged Kearney was on track to defeat the Greens' Alex Bhathal, with the ALP winning back voters from the Greens in the southern part of the electorate.

There has been no formal declaration, but with more than half of the vote counted at 9pm AEDT, the ABC was predicting that Labor would retain the seat.

"This is a victory for true Labor values,'' Ms Kearney said.

"Our campaign spoke to everyone from the ring road to the river."

Her victory, the first ever for a woman in Batman, takes female representation in the federal caucus to 48 per cent.

Ms Kearney entered the Thornbury Theatre, where Labor supporters are celebrating, to a crowd-led rendition of union anthem Solidarity, and Mr Shorten paid tribute to the efforts of unions in the campaign.

He also acknowledged there was a growing anti-political party sentiment in the community, but used the victory to make a broader pitch to Australian voters.

Mr Shorten paid tribute to the Greens for running, and took a swipe at Prime Minister Malcolm Turnbull for "not even bothering to turn up".

He also thanked the campaign's volunteers.

"To all of those who voted for Labor or not, tonight we celebrate a victory for Labor."

"I promise that we do not treat this election outcome as a triumph and an end in itself, but as another step, another step along the way to giving Australians the sort of government they want."

Greens leader Richard Di Natale told the party faithful the Greens were not going to get over the line in Batman.

He blamed preference deals between Labor and hard-right parties.

"Obviously it's not the result that any of us would have wanted," Ms Bhathal said.

"I first want to congratulate Ged Kearney. It's been an honour to have contested this seat against her."

"Many people have said over the course of this campaign that regardless of the outcome we'll have a strong, progressive woman representing us in this seat. And I wish Ged all the very best in Canberra."

It was Ms Bhathal's sixth attempt to win the seat and she entered the by-election needing just a 1 per cent swing to knock Labor off.

But the Greens campaign was dogged by internal leaks, including the release of a 101-page dossier of complaints from branch members against Ms Bhathal, some calling for expulsion over bullying and branch-stacking allegations.

Equally, Labor has had to fight a campaign on national issues that have wedged it, including stopping the Adani mine and the treatment of refugees. </s> Scandal hits Batman by-election with seniors phoned, told they didn't have to vote

The by-election for the federal seat of Batman was marred by a last-minute scandal on Saturday, with reports elderly voters received phone calls telling them they did not have to vote.

In response, Labor launched a phone call and SMS blitz urging senior voters to attend polling centres.

"We're encouraging all Batman residents to ignore these dirty tricks and exercise their right to vote."

The electorate has a high proportion of elderly voters, who are traditionally more supportive of Labor.

Labor has declared victory in the Batman by-election, upsetting the Greens who were the favourites to win the inner-Melbourne seat and have now conceded defeat.

Former ACTU president Ged Kearney was on track to defeat the Greens' Alex Bhathal, with the ALP winning back voters from the Greens in the southern part of the electorate.

The by-election was triggered by the resignation of David Feeney, who was unable to find documents proving he was not a foreign citizen.

The seat in Melbourne's inner-north takes in trendy suburbs such as Northcote and Clifton Hill, and stretches to Preston and Reservoir further north.

It was once a Labor heartland, but gentrification has changed the demographics of the area.

The Greens campaign focused on Queensland's Adani coal mine project and Australia's refugee policies, however Ms Bhathal told ABC radio housing was the number one concern of voters across the electorate.

Her campaign had been marred by internal party leaks, alleging bullying.

Labor's announcement of changes to tax policy and franking credits could hurt Ged Kearney's chances in Batman, where there is a large contingent of senior voters.

The Australian Electoral Commission says more than 16,500 people cast an early vote, with another 14,500 registering for a postal vote. </s> Labor has retained the federal Melbourne seat of Batman, overcoming the Greens' march on inner-city seats.

Polls showed a three per cent swing to Labor's Ged Kearney following Saturday's by-election after she took out more than 54 per cent of the two-party preferred result.

"They said we'd never do it but we did," the soon-to-be MP told pumped-up supporters on Saturday night.

"We spoke to national progressive values, workers' rights, climate change, social justice and a better Australia."

Federal leader Bill Shorten said the win meant Labor was "back", having proved bookmakers and commentators wrong for writing them off in Batman.

Six-time Greens candidate Alex Bhathal did not say if she'd run again for the seat after conceding defeat.

"Obviously, it's not the result that any of us would have wanted," she told the party faithful.

"We knew that Labor would throw everything they had at this seat to hold it after 84 years.

"Many people have said over the course of the campaign that regardless of the outcome, we'll have a strong, progressive woman representing us in this seat."

With the Liberals not fielding a candidate in Batman, the by-election was a test of whether the Greens' march into inner-metropolitan seats would continue, or if Labor could successfully appeal to a younger demographic.

The minor party blamed their loss on preferences to "hard-right" parties such as the Australian Conservatives.

Ten candidates contested the by-election, sparked by the resignation of Labor's David Feeney earlier this year over his dual citizenship. </s> 07:41

Bill Shorten and Ged Kearney have claimed victory in Batman in two rousing speeches, frequently interrupted by the crowd interrupting into chant or song.

Shorten promised voters that Labor would not take victory in Batman to mean that they could ignore the demands of progressive voters or those who had turned away from Labor:

Tonight I want to make a promise to all of the voters of Batman, the ones who voted for Labor and the ones who voted for other candidates ... that Labor hears the lesson and the message of Batman.

Shorten said he knew many voters were “disillusioned with politics as usual”.

Tonight in this venue we celebrate a victory for Labor, but beyond this room into the lounge rooms of Batman more broadly in Australia, I promise that we do not treat this election campaign as a triumph and an end in itself, but as another step in the way to giving Australians the sort of government they want with the policies that make a difference to everyday Australians.

Kearney, speaking over chants of “Ged! Ged! Ged!”, said: “Oh, they said we’d never do it. But we did.” She thanked Alex Bhathal for a “hard-fought campaign”, then addressed the voters of Batman:

I want the people of Batman to know that I have listened, that Bill Shorten has listened, and we are going to take everything you have said to Canberra.

Kearney is the first woman elected to the seat of Batman in its 110-year history, and brings the proportion of women in the federal Labor caucus to 48%. </s> A mystery caller has been wrongly telling elderly Melbourne residents they don't have to vote in the Batman by-election, the Labor Party says.

It has prompted Labor to send out 10,000 robocalls and 2400 text messages to older voters, reminding them they must have their say.

"Lying to elderly people is as low as it gets," a Labor spokesperson said on Saturday.

"We're encouraging all Batman residents to ignore these dirty tricks and exercise their right to vote."

Labor said several elderly voters received a call from someone who said people over the age of 70 didn't have to vote in Saturday's by-election.

The party contacted the Australian Electoral Commission, which promptly sent a Tweet saying voting was compulsory for everyone enrolled in Batman.

Labor's Ged Kearney and Greens candidate Alex Bhathal are going head-to-head in a tight contest for the inner-Melbourne seat.

The by-election stands as a test of whether the Greens' march into inner-metropolitan seats continues, or Labor can appeal to a younger "hipster" demographic.

It comes after Labor MP David Feeney resigned over his dual citizenship status. </s> Former Australian Council of Trade Unions (ACTU) president Ged Kearney has helped Labor snatch victory from the jaws of defeat in the federal seat of Batman.

Kearney will now join a long list of former ACTU officials to enter parliament as a Labor MP.

But unlike most who have marched the well-trodden career path before her, Kearney has managed to do so in a marginal seat.

Kearney ran an effective campaign anchored on education and health to ensure Labor clung onto the inner-metropolitan Melbourne seat it has held for 80 years.

Without a Liberal Party candidate, the Greens were clear favourites in a by-election triggered by the resignation of Labor MP David Feeney.

Kearney appealed to left-leaning voters with her strong personal opinions on asylum seekers and the proposed Adani coal mine.

She also won over conservative voters and low income retirees by insisting Labor has time to review the impact of its proposal to cut cash dividend imputation credits.

In defying the odds to win Batman, Kearney has helped secure Opposition Leader Bill Shorten's grip on the party's leadership.

Shorten and other senior Labor MPs sought to manage expectations throughout the campaign, describing it as an incredibly tough contest and uphill battle.

Kearney, who does not live in Batman, started her working life as a nurse before rising through the ranks of the union movement.

Kearney is the youngest of nine children and has four kids of her own. </s> On “Super Saturday”, Bill Shorten dodged a political bullet, while Nick Xenophon took one. South Australian Liberal leader Steven Marshall got the result he should have secured four years ago. The Greens proved the old maxim that disunity is death.

The Batman byelection and the poll in South Australia threw up all sorts of interesting points – even though in other circumstances, contests in a heartland Labor seat and a state with a 16-year-old government might have been routine.

For Shorten, avoiding defeat in Batman was vital – for Labor’s current momentum, for confidence in his leadership and, given his gamble of announcing his latest tax move in the campaign’s last week, for holding the line on a controversial policy.

Read more: After 16 years, electoral dynamics finally caught up with Labor in South Australia

Many things contributed to Labor’s win, but if you were looking for one, I suspect it might have been that Ged Kearney wasn’t David Feeney. Kearney was the sort of candidate who encouraged Labor voters to be faithful, and not run away in fury.

As for the tax announcement, election watcher Tim Colebatch notes that the pro-Labor swing in the postals and pre-poll votes was much bigger than in the polling booths on the day, and suggests this may show the impact of Shorten unveiling his plan to scrap cash refunds for excess dividend imputation credits.

That the announcement didn’t stymie Labor in the byelection doesn’t mean Shorten has won the argument more widely. Labor will have much explaining to do in this complicated area. But if it had seriously backfired in Batman, that would have given ammunition to the Coalition and caused tensions in the opposition.

Labor was helped in the byelection by the Greens’ internal backbiting. The Greens’ failure to capitalise on a great chance reflects badly on their locals and on leader Richard Di Natale.

The party has deeper problems than its schisms in Batman. It lost a seat in the recent election in Tasmania, its heartland. Nationally, the citizenship crisis has taken its toll, costing it a couple of its strongest Senate performers in Scott Ludlam and Larissa Waters. Batman suggests it may have stalled in its push for inner-city federal seats. The next federal election sees the Greens particularly exposed because of the number of senators the party has going out.

The South Australian result has presented something of a reality check on perceptions of the potency of so-called “insurgencies”. This is the third recent state poll in which a major party has won a majority. Late last year in Queensland, Labor secured a second term, as did the Liberals in Tasmania earlier this month.

In Tasmania, the Jacqui Lambie Network got nowhere. In Queensland, One Nation won votes but only one seat. And in South Australia, Xenophon’s SA-Best crashed after initial too-good-to-be-true polls, with Xenophon failing to win the seat he was seeking and SA-Best expected to have no lower house representation.

Read more: Liberals win South Australian election as Xenophon crushed, while Labor stuns the Greens in Batman

At state level, even when such parties achieve a respectable vote (SA-Best received about 14% of the statewide vote, as did One Nation in the Queensland election), the electoral system makes it hard for them to translate that into lower house seats.

Federally, the Senate’s proportional representation voting system has given small players a relatively easy passage to a very powerful place, although changes to the electoral arrangements will make that more difficult in future.

The “disruptors” are important, because the support they attract is a measure of the disillusionment and fragmentation in the contemporary political system. But South Australia reinforces the point that the major parties are still strong. For quite a few voters, the choice is between duelling desires – between sending an angry message or opting for stability.

Outgoing premier Jay Weatherill, gracious in defeat on Saturday night, didn’t look all that upset. Labor’s bidding for a fifth term in this day and age was an almost impossible ask; anyway, Labor won last time with only about 47% of the two-party vote, so it has been on borrowed time.

The huge loser in South Australia was Xenophon. In politics, as in business, you can be too greedy. Xenophon led a three-person Senate block that had a decisive share of the balance of power. It was capable of exerting much influence, and winning concessions in negotiating legislation. Then he decided he wanted to be kingmaker in South Australia – while still aspiring to be the absent master in Canberra.

His party is likely to end up with just a couple of upper house seats in South Australia. Meanwhile, the federal Senate team has been hit by the citizenship crisis as well as weakened by Xenophon’s departure.

Due to a fight with the party, Tim Storer, a replacement for Skye Kakoschke-Moore, a casualty of the citizenship debacle, will be sworn into the Senate on Monday as an independent. The Nick Xenophon Team has been reduced to two senators (and Rebekha Sharkie in the lower house, who could face a byelection in the citizenship saga).

Xenophon is in neither parliament, and the road ahead for his party is rocky. He now talks about SA-Best as a “start-up party” to gloss over its bad result, but it’s hard to see it as a “start-up” with an enduring future. Xenophon dismisses the prospect of a return to the Senate, but it remains to be seen whether his feet will become itchy.

Federal factors were not significant in the change in South Australia. But the outcome has positive implications for Malcolm Turnbull’s government. One of the big arguments between the federal and Weatherill governments was over energy policy, with Weatherill holding out against Canberra’s National Energy Guarantee (NEG). On Sunday, the federal government was welcoming the South Australian result as very good for the future of the NEG.

Another Liberal win at state level, coming after Tasmania, will also be a morale boost, albeit a limited one, for the embattled federal Liberals.

So, Super Saturday had positive spin-offs for both federal leaders, but substantially more for Shorten than Turnbull. </s> In the wash-up of the Batman byelection, Richard Di Natale is looking inwards.

Not just at what went wrong in a campaign that appeared to be the Greens’ to lose but what went wrong in the party, which allowed internal fractures and divides to dominate the party’s chance to add a federal MP to its lineup.

“This was always going to be close,” he said before his only scheduled media event, a late-night appearance on the ABC, on Sunday. “We made incredible inroads in Labor’s heartland with a positive campaign on Adani, refugees and inequality, but it is absolutely clear that we have to get our own house in order if we’re going to win back traditional Greens voters who were turned off by the leaking and sabotage from a few individuals with a destructive agenda.”

The wheels fell off the Greens’ campaign in the final weeks before the 17 March poll, with infighting, increasing factional divides and disagreements over policy directions overshadowing Alex Bhathal’s attempts to finally wrestle the seat from Labor.

Labor’s decision to run nurse and former ACTU president Ged Kearney in the seat, where Labor had seen dips in support under former MP David Feeney, was seen as an endorsement of Bill Shorten’s policies.

Speaking at Kearney’s victory party on Saturday night, the Labor leader said the party would take the “lessons and message” from the Batman byelection to Canberra, and signalled Labor would continue campaigning on the issue of inequality before the next federal election.

On Sunday, he doubled down on that message.

“It is not about us,” he said of the win. “Political parties do best when we focus on the needs of everyday people. We have a very different agenda to that of ... my opponent, Mr Turnbull. We want to see that tax breaks are working to relieve middle-class Australians.

“It is a lesson for all political parties. When you focus on the people rather than yourselves, that is what people want to see. They don’t expect us to win every argument, they don’t expect us to accomplish everything. They do expect us to spend every day trying to serve the people.”

Meanwhile, Malcolm Turnbull, who heralded the Coalition’s retention of both New England and Bennelong as an endorsement of his government, claimed Labor could take no such comfort from holding on to Batman.

“We weren’t involved in that election,” he said. “I guess it tells you a lot about Bill Shorten’s situation that he’s crowing about holding a seat that the Labor party have had for 50 years.”

The foreign affairs minister, Julie Bishop, told the ABC: “I think the infighting amongst the Greens enabled Labor to get over the line. Otherwise it would have been a much worse result, without doubt.

“This was Labor heartland, this was one of their safest seats, 75% two-party preferred. Now it is a truly marginal seat for Labor, so I wouldn’t be taking great credit if I were Bill Shorten with this outcome.”

In the final week of the campaign, government MPs had claimed the byelection would be a comment on Labor’s $59bn dividend imputation plan, with the assistant treasurer, Michael Sukkar, tweeting on the day of the election that a loss would mean the policy would have to be dumped.

The treasurer, Scott Morrison, told Sky News on Sunday morning that the Melbourne electorate, which is considered the nation’s most progressive, was not indicative of mainstream Australia, and Shorten’s policy still had tests to pass.

“He is pillaging your pocket to pursue his political interests,” he said. “That is not a good sign for the Australian people under a Shorten government, if they are ever allowed to [win] power.”
Ged Kearney retains the Batman Division for the Australian Labor Party, despite earlier predictions that the Australian Greens would win.