Monique Ryan to lodge legal challenge after AEC anomaly prevents thousands of Covid-positive Australians voting

The legal challenge will technically be brought on behalf of an affected voter, a spokesman for Ryan said.

Some Australians who tested positive for Covid earlier in the week have found themselves caught in the voting eligibility anomaly whereby they missed the deadline to register for postal voting, but recorded a positive RAT test too early to access telephone voting.

People who tested positive for the virus from Sunday to Tuesday at 6pm, but failed to register to postal vote by the Wednesday 6pm deadline, could miss out on casting a ballot.

Some voters who tested positive on Tuesday had just 24 hours to register for postal voting while dealing with their diagnosis.

Ryan launched a crowdfunding appeal for $60,000 on Thursday night, to cover the costs of the challenge, and by 9.30pm, had raised more than $73,000.

Even those who applied for a postal vote before the registration deadline are not guaranteed to receive their ballots before Saturday.

Greens senator Larissa Waters wrote to Tom Rogers, the Australian Electoral Commissioner, on Thursday to express concern both at the anomaly for Covid-positive voters and polling stations not being able to open due to staffing issues.

Waters sought clarification on what options would be available to electors who have tested positive prior to 6pm on Tuesday, but have either not registered for, or not received, a postal vote. She also asked for clarification of how someone in isolation alone could lodge a postal vote without someone to witness it or post it.

Kooyong voter Guy Miller tested positive for Covid on Monday and realised on Thursday he had missed the chance to register for a postal vote.

When his wife, Carol Miller, called the AEC a representative offered to take Guy off the list so he would avoid a fine for not voting, she said.

Carol Miller claimed the AEC representative then suggested Guy take another RAT test and because it would show positive after the phone voting eligibility came in he would be able to vote by that method.

Guardian Australia contacted Ben Morton for comment.