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A by-election was held for the New South Wales Legislative Assembly electorate of Gordon on 24 September 1938 because the Court of Disputed Returns overturned the result of the 1938 Gordon election. Harry Turner had been declared elected by 9 votes over William Milne. Both candidates were endorsed by the United Australia Party. Milne filed a petition which challenged postal and absentee votes. Justice Maxwell sitting as the Court of Disputed Returns held that most of the 125 challenged votes did not meet the requirement of the Electoral Act such as not being properly witnessed, and that the election was void.
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