The electoral authority has refused a request from the ALP to have the papers pulped and new ballots printed, with the Victorian Electoral Commission insisting voters will use the ballots that have been printed.

Labor is now going to the Supreme Court in an attempt to get the Commission to act on the ballots.

Ms Klein was dumped on Thursday as her party’s candidate for the marginal seat after she featured in an anti-Muslim video produced by the fringe group Australian Liberty Alliance.

The former candidate is now campaigning as an independent in the seat, held by Labor’s Danielle Green on a margin of 3.7 per cent, but Ms Klein's Liberal-branded campaign material is still on display around the electorate.

ALP State Secretary Sam Rae wrote to the Electoral Commission asking that the Yan Yean ballots be pulped and re-printed, arguing that they could breach the Victorian Electoral Act, and has lodged his case with the court after the commission did not comply with Labor's request.

The Liberal Party declined on Monday to comment.

A VEC spokesman said the commission would not discuss the case while it was before the court.

One Yan Yean voter, Whittlesea resident Jeffrey Smith, said he believed would-be Liberal supporters were being deceived into voting for an independent.

Mr Smith said he had approached the Electoral Commission with his concerns but was told the authority could do nothing about the ballots.

“My concern is for people voting early, they think they’re voting for a Liberal but it’s really an independent,” Mr Smith said.

“I just think this is a deception and if there’s a loophole that allows it, well so be it, but it’s a deception.

“I just think it’s wrong and the electoral commission doesn’t know what’s going on.”

Ms Klein was contacted for comment on Monday.