The Australian Electoral Commission confirmed on Friday that commissioner Tom Rogers had signed a brief to the Morrison government recommending the expansion of eligibility for the telephone voting service. It is understood the recommendation has been adopted.

It follows the threat of legal action by popular independent candidate Dr Monique Ryan, who is contesting Josh Frydenberg’s seat of Kooyong in Victoria.

Ryan on Thursday vowed to bring a Federal Court case on behalf of voters who are legally required to isolate through Saturday but were not eligible for phone voting and were too late to cast their ballots by mail.

Before the extension of the service, phone voting was available for people who tested positive for COVID-19 from 6pm Tuesday, leaving tens of thousands of people who tested positive between last Saturday and Tuesday unable to vote.

“Special Minister of State Ben Morton has passed flawed regulations that mean a significant number of Australians can’t vote in this election,” Ryan said Thursday, who launched a fundraising campaign to support action against the government.

“The Morrison government has had two years to prepare for an election where we knew people would be COVID positive. This is serious ineptitude resulting in the disenfranchisement of up to one per cent of the electorate. This could be enough to change the result in many seats.”

Under the initial rules, COVID sufferers could register for phone voting if they were able to show proof of a positive PCR or Rapid Antigen Test from 6.01pm on Tuesday to 4pm Saturday.

Postal voting closed on Wednesday 6pm but many people were not aware of the deadline, Ryan said.

“Clearly many people were unaware that their only option was a very limited window to apply for a postal vote. Who can blame them when they’re in bed with a serious disease,” she said.

Ryan, a pediatric neurologist who put herself forward to run in the safe Liberal seat in Melbourne’s eastern suburbs, is polling strongly against the incumbent on a climate change platform.

Her popularity has soared in the weeks leading up to the election, putting Frydenberg on the defensive as he confronts the possible loss of his seat in parliament. Kooyong, the seat held by Liberal prime minister Sir Robert Menzies, has been a conservative stronghold since Federation.

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