The committee declared that Richard Rouse had not been elected the member for Mudgee, however no by-election was conducted. Instead the committee declared that David Buchanan had been elected. No reasons were published however The Sydney Morning Herald stated that it appeared that the majority of Mr Rouse was created by illegal voting.[2]
Petition
Buchannan's supporters petitioned the Speaker of the Legislative Assembly against the return of Rouse, alleging that
The returning officer illegally voted in the election and voted for Rouse;
That a voter had left his vote for Rouse on the table and not placed it in the ballot box;
The Poll Clerk at one booth did not appear until 10:00 am despite voting commencing at 9:00 am; and
The electoral roll included two men under 21 years old who had voted for Rouse.
Result
1879 Mudgee election re-count Thursday 20 March [2][3]