At the announcement for the distribution of preferences yesterday (August 15), candidate Noel Selby had expressed his plans to request a recount.

Eight candidates were announced to be elected but the results will only become official if a recount request isn't lodged within 24 hours of the announcement being published.

Mr Selby said that he planned to contest the results due to above the line voting.

"I've been told by a number of people that when they went in to vote that they were told that...they could either vote above the line or below the line," he said.

"And then when they went in to vote there was no mention of [below the line] ungrouped.

I can't see how that's a fair election really."

Above the line voting has been a common feature in Australian elections with it first being used in the 1984 federal election.

University of Queensland Law Professor Graeme Orr said that above the line voting allowed voters to put their trust in parties.

"When you have these ungrouped tickets of independent in a local area, it can be a bit overwhelming.," he said.

"There are probably people who would say' I'd rather...just put a one above the line'."

Above the line voting may be easier for voters who are unable to know every running candidate but it can give greater focus to parties on ballots.

"If you live in a big city, you're probably better off having parties, but when you live in a place like Kempsey you wouldn't want to be dominated by parties," said Professor Orr.

"You would want to have essentially a mix of local, community aligned people..."

Regardless of potential constraints, it appears unlikely that Mr Selby would be able to successfully to lodge a recount request on the grounds of above the line voting.

"We can argue about whether its a good system...but we can't argue about whether it was the law at the time of the election" said Professor Orr.

Mr Selby said that despite his disapproval, the results were now set in stone.

"I may have a legitimate claim but the problem is I think I'd have to get a solicitor, I'd have to go through a lot and I don't think it's worth the drama," he said.

"I don't think it would do me any good if there was another election and people knew that I caused it."

The distribution of preference results are expected to become official today (August 16) by 11am.