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Majority of one: ALP take Queensland seat of Herbert after recount

Labor has won the tightly contested Queensland seat of Herbert by a total of 37 votes.

The ALP's Cathy O'Toole pipped sitting Liberal National Party MP Ewan Jones, meaning a fresh election may be called due to the razor-thin result.

Labor victory also means the Turnbull government will be sitting on a razor-thin majority of 76, just one vote.

Cathy O'Toole wins Herbert by 37 votes. Source: AAP
Cathy O'Toole wins Herbert by 37 votes. Source: AAP

The Australian Electoral Commission announced the result shortly after midday Sunday.

Mr Jones was 12 votes ahead of Ms O'Toole earlier in the week, but One Nation preferences from the Vincent State School booth were mistakenly put in the LNP candidate's column rather than Labor's, creating an oddity in the count.

LNP scrutineers had asked to see declaration vote envelopes but the AEC has objected.

They have also sought to view the way in which votes are being keyed into the AEC computer, but this has also been rejected.

On Monday afternoon a number of "challenge" votes were being reintegrated into the vote piles.

If the final recount ends with Labor ahead, it is likely the LNP will launch action in the Court of Disputed Returns.

Ewan Jones looks to have lost by only a few dozen votes on the recount. Source: AAP
Ewan Jones looks to have lost by only a few dozen votes on the recount. Source: AAP

LNP senator Ian Macdonald told AAP earlier in the week there were two issues that needed investigating.

One was the possibility that soldiers based in Townsville were among 628 ADF personnel who were on Exercise Hamel in South Australia during the election campaign and did not cast their votes.

The other is whether 39 patients at the Townsville hospital were denied a vote in the late afternoon of election day.

The Labor victory reduces the Turnbull government majority to one seat. Source: AAP
The Labor victory reduces the Turnbull government majority to one seat. Source: AAP

Senator Macdonald said he understood complaints were made to Townsville hospital staff that patients could not cast their ballots between 5pm and 6pm.

If the coalition can retain Herbert, the Turnbull government will have 77 seats in the 150-seat parliament.

Shadow attorney-general Mark Dreyfus has written to the prime minister to query the involvement of Attorney-General George Brandis in the recount.

However, Senator Brandis has declined to comment.

It is not uncommon for senior party members to be involved in election scrutineering, as their experience can pick up anomalies.