Commonwealth Electoral Procedures

April 1999

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Commonwealth Electoral Procedures

Index

Introduction

This work was first published 1966, revised edition 1976, second edition 1985, third edition 1992 and fourth edition 1999

In 1966 the Australian Electoral Office published a booklet entitled Explanation of the Commonwealth Electoral Law which was revised in 1976 and republished as Commonwealth Electoral Procedures. The Australian Electoral Commission (AEC) published a second edition in 1985 following amendments to the Commonwealth Electoral Act 1918 in 1983 and 1984. A third edition published in 1992 incorporated major legislative amendments in 1987, 1989 and 1991. This edition incorporates legislative and procedural amendments from 1992 to the time of publication. The reader should note that this edition is accurate only as at its date of publication in April 1999.

Commonwealth Electoral Procedures is intended as a guide to the federal electoral system. It closely follows both the structure and language of the Commonwealth Electoral Act 1918 but should not be read as a replacement for the legislation which governs our electoral process. The full text of the Commonwealth Electoral Act 1918 is found on the AEC Website: http://www.aec.gov.au

Legislative provisions relating to the broadcasting of political matter are contained in the Broadcasting Services Act 1992 which is not administered by the Australian Electoral Commission.

Administration

Who conducts federal elections?

1.1 The Australian Electoral Commission (AEC) conducts federal elections and national referendums. The rules governing the conduct of federal elections are contained in the Commonwealth Electoral Act 1918. The rules governing the conduct of national referendums are contained in the Referendum (Machinery Provisions) Act 1984.

Historical background

1.2 Following the enactment of the Commonwealth Franchise Act 1902 and the Commonwealth Electoral Act 1902, an electoral office was established as a branch of the Department of Home Affairs. For the next 70 years the office functioned as a branch of various Commonwealth departments. The Australian Electoral Office Act 1973 established the Australian Electoral Office as a statutory authority responsible to the Minister for Services and Property.

1.3 On 21 February 1984, following major amendments to the Commonwealth Electoral Act 1918 the AEC was established as an independent statutory authority.

Australian Electoral Commission

1.4 The Commission consists of a Chairperson (who must be a Federal Court Judge or retired Federal Court Judge), the Electoral Commissioner and one other non-judicial member. The three Commissioners are appointed under the Commonwealth Electoral Act by the Governor-General for terms not exceeding seven years and are eligible for reappointment. The Electoral Commissioner is the full time chief executive officer of the AEC, and has all the powers of a Secretary of a Department under the Public Service Act 1922. The Chairperson and the third non-judicial member, are appointed on a part-time basis.

1.5 There are eight statutory electoral officers: the Deputy Electoral Commissioner and an Australian Electoral Officer for each State and the Northern Territory. Senior executive staff and some temporary staff such as polling officials are employed under the Commonwealth Electoral Act. All other permanent staff in each State or Territory are appointed or employed under the Public Service Act.

Functions

1.6 The functions of the Australian Electoral Commission include:

• Conduct federal elections and by-elections
• Maintain the Commonwealth Electoral Roll in accordance with Joint Roll Arrangements with the States and Territories
• Administer compulsory enrolment and compulsory voting provisions of the electoral and referendum legislation
• Determine State and Territory representation in the House of Representatives in accordance with the latest population statistics
• Administer the conduct of redistributions of electoral boundaries for the House of Representatives
• Administer election funding and financial disclosure
• Report to the Minister on electoral matters
• Conduct electoral information and education programs to promote public awareness of electoral and parliamentary matters
• Provide information and advice on electoral matters to the Parliament, the Government and other departments and agencies
• Conduct and promote research into electoral matters and publish relevant material
• Assist in the conduct of foreign elections and referendums as approved by the Minister for Foreign Affairs and Trade
• Conduct national referendums to amend the Australian Constitution, in accordance with the Referendum (Machinery Provisions) Act 1984
• Conduct elections for registered industrial organisations, in accordance with the Workplace Relations Act 1996
• Conduct elections for ATSIC, in accordance with the Aboriginal and Torres Strait Islander Commission Act 1989
• Conduct other non-parliamentary elections as appropriate

1.7 The AEC must provide to the responsible Minister an Annual Report of its general operations and, following each general election or half-Senate election, a report on the operation at that election of the public funding and disclosure provisions of the Commonwealth Electoral Act.

Organisation

1.8 The AEC has a Central Office in Canberra and a Head Office in the capital city of each State and the Northern Territory. Each State and the Australian Capital Territory is divided into electoral Divisions. The Northern Territory is one electoral Division. There is a Divisional Office in or near each electoral Division.

Electoral Commissioner

1.9 The Electoral Commissioner is the chief executive officer of the AEC and is assisted by the Deputy Electoral Commissioner. The Electoral Commissioner:

• supervises and co-ordinates the AEC's election and enrolment activities;
• oversees the conduct of Senate and House of Representatives elections and referendums;
• chairs Redistribution Committees;
• oversees the nationwide dissemination of electoral information and the conduct of electoral education programmes;
• directs the conduct of electoral research; and
• is responsible for the administration of personnel, financial and other resources in the AEC.

Australian Electoral Officers

1.10 The Australian Electoral Officer for each State and the Northern Territory, assisted by an Assistant Australian Electoral Officer, directs all the AEC's activities within the State or Territory, including the conduct of Senate and House of Representatives elections and referendums, and maintenance of the electoral rolls. In the Australian Capital Territory, an Australian Electoral Officer is appointed by the AEC for the purposes of each election but the appointment terminates upon completion of the election.

Divisional Returning Officers

1.11 A Divisional Returning Officer (DRO) is appointed by the AEC for each electoral Division. A DRO is responsible for electoral administration within a Division, in particular the maintenance of the electoral rolls and the conduct of elections. In the Division of Kalgoorlie, an Assistant Divisional Returning Officer is also appointed. In the Northern Territory, three Assistant Divisional Returning Officers are appointed for each election, on a part-time basis, at Alice Springs, Christmas Island and Cocos (Keeling) Islands.

Central Office

1.12 The Central Office of the AEC is organised functionally on a branch basis. These are: Elections and Enrolment Branch, the Information Technology Branch, Information and Education Branch, Funding and Disclosure Branch and the Corporate Services Branch. These branches are managed by either the Deputy Commissioner, the First Assistant Commissioner (Finance and Support Services) or an Assistant Commissioner.

Representation

The Constitution

2.1 In 1900 the United Kingdom Parliament passed the Commonwealth of Australia Constitution Act which provided for the federation of the six Australian colonies to commence on 1 January 1901. The Australian Constitution sets out the structure of government at the federal level. It specifies that the power to make laws is vested in a Parliament consisting of the Queen and two representative bodies, the Senate and the House of Representatives.

The Senate – State representation

States House

2.2 The Senate was seen by its proponents as a form of protection for the rights of the less populous States as separate political units, and a forum for the expression of the distinctive viewpoints of the States. Accordingly, the Constitution provided for the Senate to have 36 members: six from each of the Original States which formed the federation. It was further stipulated that changes in the size of the Senate would have to maintain equality in the representation of the Original States, and that no Original State should have less than six Senators. There have been two increases since federation in the number of State Senators. In 1948 the number was increased from 36 to 60 and, more recently, the Representation Act 1983 increased the number of Senators from each State from ten to 12, making 72 Senators from the States.

2.3 In 1975, the representational base of the Senate was extended by the election for the first time of Senators from the Australian Capital Territory and the Northern Territory. The Constitution provides that the federal Parliament may allow the representation of Territories in either of its Houses to the extent and on the terms which it thinks fit. This power was exercised in the passage of the Senate (Representation of Territories) Act 1973, the substantive provisions of which were later incorporated in the Commonwealth Electoral Act and which provided that the Australian Capital Territory and the Northern Territory each be represented in the Senate by two Senators. Territory Senators, unlike their State counterparts, face re-election at the time of every general election for the House of Representatives.

2.4 The Commonwealth Electoral Act was amended in 1989 to apply the same population based formulae to the representation of the Territories in Parliament as apply to the States. The Act now provides that where the Australian Capital Territory or Northern Territory is entitled, on a population basis, to six or more Members of the House of Representatives, that Territory shall be represented in the Senate by one Senator for every two Members of the House of Representatives to be chosen in that Territory.

House of review

2.5 The Senate was also conceived as a chamber with the function of reviewing independently the legislation put forward by a Government in the House of Representatives and it was thought that this role would be enhanced by a degree of continuity of membership. Therefore, in providing that Senators will generally serve a six year term, the Constitution also stipulates a system of rotating retirement such that half the total number of State Senators must retire every three years, except in the case of a double dissolution when all Senators must face election.

Direct election

2.6 The Constitution provides that Senators for a State are to be chosen directly by the people of the State and, since federation, each State has constituted a single electorate for that purpose. The major exception to the general rule regarding direct election is the process specified for the filling of casual vacancies in the Senate.

Casual vacancies

2.7 If the place of a State Senator becomes vacant before the normal expiration of his or her term, it is filled by a person chosen by a joint sitting of the Houses of Parliament in that State. If the State Parliament is not in session, a temporary appointment can be made by the Governor, acting on the advice of the State Executive Council. Such an appointment expires 14 days after the beginning of the State Parliament's next session. Before 1977, a Senator appointed to fill a casual vacancy had to stand for direct election at the time of the first State-wide federal election following appointment. As a consequence, it was not unusual for an election for a single Senate vacancy to be held concurrently with a House of Representatives election. In 1977, however, the Constitution was altered to provide for Senators chosen to fill casual vacancies to serve the balance of the terms of the Senators they replaced. A Senator chosen to fill a casual vacancy must be of the same political party as his or her predecessor.

2.8 A Senate casual vacancy for the Australian Capital Territory or the Northern Territory is filled by its Legislative Assembly. If the legislature is out of session, a temporary appointment can be made in the case of the Australian Capital Territory by the Governor-General, and in the case of the Northern Territory by the Administrator.

DOUBLE DISSOLUTION

2.9 Double dissolutions of the Parliament are provide for under section 57 of the Constitution. If the Senate and House of Representatives cannot agree on the passage of a Bill, a double dissolution is a means of overcoming the deadlock. If, after a period of three months, the Senate rejects a Bill for the second time, the Government may ask the Governor-General to dissolve both Houses of Parliament. This is what is known as a double dissolution election. This form of election is significant because it is the only occasion on which all Senators face election at the same time. Following the election the Bill may be again introduced. If the Senate continues to reject the Bill, or passes it with amendments which are unacceptable to the House of Representatives, the Governor-General may convene a joint sitting of both Houses. The joint sitting then votes on the Bill or disputed amendments and an absolute majority of both Houses is required to pass the Bill.

The House of Representatives –
State representation

People's House

2.10 At federation, just as the Senate was seen as the chamber representing the States, the House of Representatives was seen as the chamber representing the people of the Commonwealth. Members of the House are chosen directly by the people of the Commonwealth, and in each State the number of Members elected is proportional to the number of people in that State, except that at least five Members must be chosen in each Original State. This constitutional proviso has meant that Tasmania has more Members in the House than is warranted by its population. The maximum term of the House of Representatives is three years, taken from the date on which the newly elected House first meets. However, the Governor-General has the power to dissolve the House and call an election before the end of the three year period.

Nexus

2.11 The Constitution provides that the total number of Members of the House of Representatives must be, as nearly as practicable, twice the number of Senators from the States. This nexus between the Senate and the House was designed to protect the status of the Senate within the parliamentary system by ensuring that it could not be reduced to insignificance by large increases in the size of the House alone. It follows that substantial changes in the size of the House of Representatives can only be achieved in conjunction with changes in the size of the Senate. There have been only two such changes in the past. In 1948, the number of State Senators was increased from 36 to 60 and, as a consequence, the number of Members of the House of Representatives from the States increased from 74 to 121. In 1983, the number of State Senators was increased from 60 to 72, and the number of Members of the House of Representatives from the States increased from 122 to 145. There are currently 148 Members of the House of Representatives.

2.13 Each State's representation in the House of Representatives elected on 3 October 1998 was as follows: New South Wales: 50; Victoria: 37; Queensland: 27; Western Australia: 14; South Australia: 12; Tasmania: 5.

Territories

2.14 The Australian Capital Territory and Northern Territory were granted representation in the House of Representatives long before they gained similar representation in the Senate. The Northern Territory's first Member, with limited voting rights in the House, was chosen at the general election of 1922. The voting rights associated with the position were twice extended (in 1936 and 1959) and finally in 1968 the Member for the Northern Territory gained the full rights of a Member for a Division of a State. The Australian Capital Territory gained its first Member, with limited voting rights, in 1948. Voting rights for this Member were widened in 1959, and full status was finally acquired in 1966. In 1974, the Australian Capital Territory gained a second Member, also with full voting rights.

2.15 As a result of the 1989 amendments to the Commonwealth Electoral Act 1918, the same population based formula applies to the representation of the Territories in the House of Representatives as applies to the States. However, the Australian Capital Territory and the Northern Territory are guaranteed at least one Member.

Determination of State and Territory representation in the House of Representatives

2.17 During the thirteenth month after the first meeting of each new House of Representatives, the Electoral Commissioner must ascertain the population of the Commonwealth and of each State and Territory according to the latest Commonwealth population statistics provided by the Australian Statistician.

2.18 The Electoral Commissioner determines the number of Members of the House of Representatives to be chosen in each State and Territory for the next general election on the basis of a formula laid down in section 24 of the Constitution and section 48 of the Commonwealth Electoral Act.

2.19 Representation of the States is determined by dividing the total population of the six States by twice the number of Senators for the States (that is, by 144) to ascertain a quota. The number of Members to be chosen in a State is then calculated by dividing the total population of the State by the quota and, if on
such division there is a remainder greater than one-half of the quota, one more Member is chosen for the State. Each Original State is guaranteed at least five Members.

2.20 Representation of each Territory is determined by dividing the population of each Territory by the quota as ascertained in the previous paragraph. If the result of the division is less than or equal to 0.5 a Territory is not entitled to a Member of the House of Representatives.

2.21 Table: Determination of Representation Entitlements, 28 February 1997

* Original State guaranteed at least five Members

The quota, calculated by dividing the population of the Commonwealth by twice the number of Senators for the States, was:

17,801,292 = 123,620.08
72 x 2

2.22 Following the determination of State and Territory representation, which is final and conclusive and protected from legal challenge, the Electoral Commissioner must give to the Minister responsible for electoral matters a certificate showing the number of Members of the House for each State and Territory. This must be tabled in each House of Parliament within five sitting days of being received.

2.23 The number of Members of the House of Representatives to be chosen from a State or Territory at any general election must be in accordance with the most recent determination of that State's or Territory's representation entitlement.

Redistributions

Electoral Divisions

3.1 Each State or Territory is divided into a number of electoral Divisions equivalent to its representation entitlement for the House of Representatives.

3.2 As Divisions gain or lose electors their boundaries must be readjusted from time to time in order to restore equality in the number of electors enrolled in each Division. A redistribution is aimed at achieving enrolment equality, within a margin of plus or minus three and a half per cent, among Divisions in any one State, and between the two Divisions in the Australian Capital Territory, at three years and six months after the redistribution (see Appendix H for details of past redistributions).

3.3 Should the Northern Territory become entitled to two or more Members of the House of Representatives, the same redistribution procedures would apply as apply to the States.

Enrolment

3.4 Each month the extent of enrolment inequality between Divisions within each State and between Divisions within the Australian Capital Territory is measured. The Electoral Commissioner must ascertain the enrolment in each Division, calculate the average divisional enrolment for each State and Territory, and determine the extent to which each Division's enrolment deviates from the average divisional enrolment for each State or the Territory. These statistics are published in the Commonwealth Government Gazette.

Timing of a Redistribution

3.5 A redistribution commences whenever the Electoral Commission publishes a direction in the Gazette. Such a direction is made:

• immediately after the representation entitlement for a State or Territory in the House of Representatives is changed by a determination;
• whenever more than one-third of the Divisions in a State or one of the Divisions in the Australian Capital Territory deviates from the average divisional enrolment by over ten per cent in the most recent month and in the two previous months (that is, three consecutive months); or
• if seven years have passed since a State or Territory was last redistributed.

3.6 However, a direction under the last two circumstances will not be made if a State or Territory is already undergoing redistribution, or within the last 12 months of the life of a House of Representatives (that is, more than two years after its first meeting).

Redistribution procedures

(see also Appendix I, Redistribution Timetable)

Redistribution Committees

3.7 A Redistribution Committee is appointed for each State, the Australian Capital Territory or the Northern Territory.

3.8 The members of the Redistribution Committee for a State are the Electoral Commissioner, the Australian Electoral Officer for the State, the Surveyor-General for the State (or the holder of an equivalent office) and the Auditor-General of the State. Should the Surveyor-General or Auditor-General be unavailable, a Deputy Surveyor-General (or equivalent) or Deputy Auditor-General (as the case requires) or, failing that, a senior officer of the Australian Public Service from the State, is appointed.

3.9 The members of the Redistribution Committee for the Australian Capital Territory are the Electoral Commissioner, the senior Divisional Returning Officer for the Territory, the Surveyor-General of the Territory (or equivalent office holder) and the Auditor-General of the Territory (or equivalent office holder). The members of the Redistribution Committee for the Northern Territory are the Electoral Commissioner, the Australian Electoral Officer for the Territory, the Surveyor-General and Auditor-General or Territory equivalent.

Public suggestions and comments

3.10 As soon as possible after the appointment of the Redistribution committee, the Electoral Commissioner must publicly invite written suggestions on the redistribution and written comments on those suggestions. Suggestions must be lodged by 6pm on the 5^th Friday after publication of the notice in the Gazette, and comments must be lodged by 6pm on the 7^th Friday after publication.

The quota

3.11 The quota, the average divisional enrolment for a State or the Australian Capital Territory, is the basis of a redistribution and is calculated by dividing the number of persons enrolled in the State or Territory by the number of Members of the House of Representatives (ie the number of electoral Divisions) to be chosen in the State or Territory and rounding to the nearest whole number.

Proposed redistribution

3.12 A Redistribution Committee must develop a set of proposals for dividing the State, the Australian Capital Territory or Northern Territory into a number of Divisions equal to the State or the Territory entitlement in the House of Representatives.

3.13 In developing its proposals, a Redistribution Committee:

• must consider public suggestions and comments;
• must, as far as practicable, endeavour to ensure that three years and six months after the redistribution, no Division will deviate by over three and a half per cent from the average divisional enrolment at that time. (The projected time of 3½ years may change if the Electoral Commissioner is of the opinion that a further redistribution would be required sooner than 7 years after the current redistribution)
• must give, for each proposed Division, due consideration to:
  • community of interests within the Division, including economic, social and regional interests,
  • means of communication and travel within the Division,
  • the physical features and area of the Division, and
  • existing boundaries of Divisions; (this criteria is subordinate to the three above); and
• may allow a margin of allowance whenever necessary, but not more than ten per cent above or below the quota.

3.14 A Redistribution Committee may publish the broad plan for its proposed redistribution. After it has made its proposed redistribution, the Committee must publish and exhibit maps showing the names and boundaries of the proposed electoral Divisions, and invite written objections to its proposals and comments on those objections. Objections must be lodged by 6pm on the 4^th Friday after publication of the notice in the Gazette. Comments on these objections are due by 6pm on the 6^th Friday after publication of the notice.

Augmented Electoral Commission

3.15 An augmented Electoral Commission for each State, the Australian Capital Territory or Northern Territory considers the objections and comments on the objects lodged. The augmented Electoral Commission for each State or Territory consists of the members of the Redistribution Committee for that State or Territory, plus the Chairperson and non-judicial member of the Electoral Commission.

3.16 An augmented Electoral Commission has 60 days to consider all objections (including initial and any further objections). It must hold a public inquiry into any objection unless it is of the opinion that the objection deals with matters which were covered in an earlier submission or comment, or is vexatious or frivolous.

3.17 After concluding its inquiries into initial objections and comments on the objections, an augmented Electoral Commission makes public its proposed redistribution for the State or Territory. If its proposals differ significantly from the Redistribution Committee proposals, it will invite and hold an inquiry into any further objections.

Final determination

3.18 An augmented Electoral Commission makes a final determination by notice published in the Gazette, which states the names and boundaries of the electoral Divisions into which the State or the Australian Capital Territory is to be distributed. Such a determination must be made as soon as practicable after all objections have been considered using the same determination criteria as were used by the Redistribution.

Tabling in Parliament

3.19 The Electoral Commission must forward to the responsible Minister a copy of:

• the suggestions and comments lodged with a Redistribution Committee;
• the Redistribution Committee's proposed redistribution, its supporting reasons and any dissenting reasons;
• objections and comments on those objections lodged against the proposed redistribution;
• the written record of the augmented Electoral Commission's inquiries; and
• the augmented Commission's determination and its supporting and any dissenting reasons.

These copies are tabled in both Houses of Parliament. Parliament has no power to reject or amend the final determination of an augmented Electoral Commission.

Mini-redistributions

3.20 A mini-redistribution must be held whenever an election is called and the number of Divisions into which a State or the Australian Capital Territory is distributed differs from the number of Members to which it is entitled. Where a State or the Australian Capital Territory is entitled to more Members than the number of existing Divisions, the pairs of contiguous Divisions with the greatest, second greatest (etc.) enrolment of all such pairs will be redistributed so as to create three Divisions where there had been two. On the other hand, where a State or the Australian Capital Territory is entitled to fewer Members than it has Divisions, the pairs of contiguous Divisions with the lowest, second lowest (etc.) enrolment of all such pairs will each be redistributed so as to create one Division where there had been two.

3.21 The Redistribution Commissioners for a mini-redistribution in a State or the Australian Capital Territory are the Electoral Commissioner and the Australian Electoral Officer for the State or the senior Divisional Returning Officer for the Territory.

Final and conclusive decisions

3.22 Redistribution decisions made by the Electoral Commissioner, the Electoral Commission, a Redistribution Committee for a State or the Australian Capital Territory, an augmented Electoral Commission for a State or the Australian Capital Territory, or the Redistribution Commissioners for a State or the Australian Capital Territory, are, generally speaking, final and conclusive and protected from legal challenge.

Improper influence

3.23 It is an offence to improperly seek to influence a member of any Redistribution Committee or augmented Electoral Commission or a Redistribution Commissioner in the performance of his or her redistribution duties. The penalty is a fine of up to $2000 or imprisonment for 12 months, or both.

Enrolment

Electoral rolls

Commonwealth electoral roll

4.1 The Commonwealth electoral roll lists the names and address of electors entitled to vote in federal elections. Other enrolment particulars, such as each elector's date of birth and gender are recorded and stored on computer for identification and verification purposes. The electoral roll database containing personal information is not available to the public for inspection.

4.2 A separate roll, with names and addresses only, is printed for each Division and can be inspected or bought by the public. Rolls are printed at least once within two years after the first meeting of a new Parliament. A microfiche print of the electoral roll, up-dated every six months and available by State/Territory or Division, is also obtainable for sale to the public.

4.3 A copy of the official roll, containing the names and addresses of electors, is available for inspection by the public at all Australian Electoral Commission offices. Addition and deletion lists for each Division are only available for public inspection in that divisional office.

Electoral enrolment information

4.4 A number of Commonwealth and State government agencies have access to enrolment information that is not publicly available, for purposes permitted by the Commonwealth Privacy Act 1988. These agencies include Australia Post, the Australian Federal Police, Centrelink and the Department of Health and Family Services. Electoral roll information may also be supplied to;

• Members of Parliament, Councils, registered political parties and candidates participating in the electoral process (Members of Parliament and Registered Political Parties also receive gender information).
• Medical research and public health screening programs (name, address, gender and decade age range enrolment information may be supplied).

4.5 Rolls available for public inspection at some State Electoral offices may contain name, address, gender and occupation.

Electoral roll reviews

4.6 The Australian Electoral Commission conducts a continuous review of the electoral roll by:

• targeted mailing to residential addresses where no electors are currently enrolled;
• the use of change of address data provided by other agencies to encourage enrolment;
• the removal of electors names from the roll if the AEC receives information that an elector has left their enrolled address and no reply is received to the mailing of an official notice;

4.7 In some cases household door knocks by officers of the AEC are conducted in addition to roll review mailing. AEC staff also attends citizenship ceremonies, schools, universities and community events to provide electoral information and to collect completed enrolment forms.

Joint electoral rolls

4.8 The Commonwealth Electoral Act empowers the Governor-General to make arrangements with the State Governors, the Administrator of the Northern Territory or the Chief Minister of the Australian Capital Territory for the preparation, alteration, revision and maintenance of joint electoral rolls so that they may be used for State or Territory elections as well as for federal elections.

4.9 Joint roll arrangements have operated with Tasmania since 1908, South Australia since1920, New South Wales since 1927, the Northern Territory since 1989, Queensland since 1992 and the Australian Capital Territory since 1994. Joint electoral enrolment arrangements have operated with Western Australia, since 1983 and Victoria since 1952, where the AEC has day-to-day responsibility for the collection and processing of roll information, but the Commonwealth and State rolls are held on separate databases.

Enrolment qualifications

4.10 Anyone who:

• is 18 years of age or more; and
• is an Australian citizen (or a British subject who was on the electoral roll on 25 January 1984); and
• has lived at his or her current address for one month;

is qualified to enrol.

4.11 Anyone who is currently living outside Australia, and:

• is 17 years of age or older and;
• is an Australian citizen (or a British subject who was on the electoral roll on 25 January 1984) and;
• departed Australia within the last 2 years and intends to return within 6 years of the date of departure from Australia and;
• left Australia for reasons relating to their career or employment or that of their spouse;

is qualified to enrol as an elector from outside Australia.

4.12 Anyone who:

• because of unsound mind, is incapable of understanding the nature and significance of enrolment and voting; or
• is serving a sentence of five years or longer for an offence against the law of the Commonwealth or of a State or Territory; or
• has been convicted of treason and has not been pardoned;

is not qualified to enrol.

Compulsory enrolment

4.13 It is compulsory for every person who is qualified to enrol as an elector to apply for enrolment within 21 days after becoming qualified to enrol.

4.14 Any elector who changes his or her address must change his or her enrolment details.

4.15 The penalty for breaching the compulsory enrolment provisions of the Commonwealth Electoral Act is a fine of up to $50.

Enrolment procedures

How to enrol

4.16 To enrol (or change enrolment), a person must complete an electoral enrolment form (see Appendix A for sample). The form must be signed by the person and a witness (who must be enrolled or entitled to be enrolled). Enrolment forms are available from offices of the AEC throughout Australia, from any Post Office or on the AEC's internet site: http://www.aec.gov.au Physically handicapped persons may, on the production of a medical certificate, ask another person to fill in and sign the form on their behalf. Anyone who cannot sign his or her name may not act as a witness for a person seeking to enrol.

17.    After the enrolment form has been correctly filled in and witnessed, it must be sent to a Divisional Returning Officer or Australian Electoral Officer. Assuming all is in order the relevant Divisional Returning Officer (or, in the period between the announcement of an election and the close of the rolls, another Divisional Returning Officer or an Australian Electoral Officer) will enter the person's particulars onto the electoral roll. The elector will be notified by mail that their details have been entered on the electoral roll. The elector will be sent an acknowledgment card showing their enrolment details and which Federal, State and local government area that they are enrolled for.

Objections to enrolment

4.18 The Divisional Returning Officer is required to object to the enrolment of a person if he or she has reason to believe the person's name ought not to be on the roll for the Division. A private objection to a person's enrolment may also be lodged with the Divisional Returning Officer. A private objection to a person's enrolment may also be lodged with the Divisional Returning Officer by another elector.

4.19 The Divisional Returning Officer must notify the challenged elector, by mail, advising him or her of the reason(s) and of the steps to be taken if the elector wishes to answer the objection. The Divisional Returning Officer must also notify the challenged elector (and the objector if applicable), again by mail, of his or her decision on an objection. This correspondence helps to ensures that an elector is not removed from his or her enrolled address in error.

Special enrolment provisions

Members of Parliament

4.20 A Member of Parliament need not enrol for the Division in which he or she lives. A Member of the House of Representatives may enrol in the Division he or she represents. Senators for the Australian Capital Territory may enrol in either of the Territory's Divisions and Senators for a State may enrol in any Division in the State they represent.

General postal voters

4.21 Electors may apply to the Divisional Returning Officer to become registered general postal voters if they:

• live 20 kilometres or more from a polling place or a place that will be visited by a remote mobile polling team;
• are seriously ill or infirm and unable to travel from their home or hospital (other than a hospital that is a polling place or is serviced by mobile polling) to a polling place;
• are unable to travel to a polling place because they are caring for a seriously ill or infirm person (other than in a hospital);
• are detained in custody;
• because of physical incapacity, are unable to sign their name;
• have silent enrolment;
• because of their religious beliefs, are unable to attend a polling place.

4.22 The Divisional Returning Officer keeps a Register of General Postal Voters for the Division.

4.23 When an election is held, the Divisional Returning Officer sends ballot paper(s) and a postal vote certificate envelope to each registered general postal voter.

Overseas electors

4.24 An enrolled elector who is going overseas for six years or less may apply in writing to the Divisional Returning Officer, to be treated as an eligible overseas elector. The application must be received within the three month before the elector's departure. An elector who has already departed may make application within one year after leaving Australia. The electoral roll is then marked to indicate that the elector is an eligible overseas elector.

4.25 People who are qualified to enrol, but have ceased to reside in Australia due to career or employment commitments and are no longer enrolled, but intend to return to Australia within six years of their departure, are also entitled to apply for enrolment. The application must be made to the Australian Electoral Officer for the State or Territory and must be made within two years of their departure from Australia. If granted, their application for enrolment is also treated as an application as an eligible overseas elector.

4.26 Eligible overseas electors vote as electors of the Divisions for which they are enrolled before leaving Australia. Yearly extensions beyond the one year period may be granted. Eligible overseas electors lose their entitlement to be treated as such if they fail to vote or to apply for a postal vote at a general election of the House of Representatives.

4.27 On turning 18, the spouse or child of an eligible overseas elector may apply for enrolment from outside Australia provided he or she:

• would otherwise be qualified to enrol if resident in Australia; and
• intends returning to Australia not more than six years after turning 18.

Itinerant electors

4.28 An Australian citizen otherwise qualified to enrol but who does not have a permanent address may apply in writing to be treated as an itinerant elector. The person may be enrolled for:

• the Division containing the address for which the person last had an entitlement to be enrolled; or
• if the person has never had such an entitlement, the Division for which any next of kin is enrolled; or
• if neither of the above applies, the Division containing the person's birthplace; or
• if none of these applies, the Division with which the person has the closest connection.

Enrolment of prisoners

4.29 A person who was an enrolled elector when he or she began serving a prison sentence is entitled to remain on the same roll. However, this only applies to prisoners who are not subject to disqualification from enrolment.

4.30 A person who is qualified to enrol but was not enrolled at the time his or her prison sentence began is entitled to be enrolled for:

• the Division containing the address for which the person was entitled to be enrolled at that time; or
• if the person did not have such an entitlement, the Division for which any next of kin is enrolled; or
• if neither of the above applies, the Division containing the person's birthplace; or
• if none of these applies, the Division with which the person has the closest connection.

Antarctic electors

4.31 An elector who in the course of employment is, or expects to be, in the Australian Antarctic Territory (Antarctica) may apply to register as an Antarctic elector. To register, an elector is required to apply to the Divisional Returning Officer for the Division in which they are currently enrolled. Requests for registration must be received by the Divisional Returning officer prior to the close of nominations for an election. Special arrangements apply so that these electors can vote while they are residing in the Antarctic. The special status is removed when the elector returns permanently to Australia.

4.32 Special provision is made for taking the votes of Antarctic electors at permanent research stations and on ships transporting research personnel to or from Antarctica.

Provisional enrolment at 17 years of age

4.33 Persons who are 17 and who, when turning 18, will be qualified to enrol may apply for enrolment. Provisional enrolment ensures that, should such persons turn 18 after the close of the rolls but on or before polling day for an election, they will be able to vote in that election.

Silent enrolment

4.34 Electors who consider that the publication of their addresses on the publicly available federal electoral roll, would endanger the personal safety of themselves or their families, may make a request to the Divisional Returning Officer that their addresses not appear on the roll. A request must give details of the relevant risk and be verified by statutory declaration.

Norfolk Island Residents

4.35 Qualified Norfolk Island residents may enrol for a Division with which they have a connection, or if they have no connection with a State, they may enrol for the Division of Canberra. Norfolk Island residents may not enrol for the Divisions of Fraser or Northern Territory.

Review of enrolment decisions

4.36 A person may seek review of a Divisional Returning Officer's decision to:

• reject the person's claim for enrolment;
• remove the person's name from the roll as the result of an objection;
• reject an objection made by the person to another person's name remaining on the roll;
• refuse the person's application for enrolment as the spouse or child of an eligible overseas elector
• refuse the person's request for silent enrolment
• refuse the person's application for registration as a general postal voter; or
• cancel the person's registration as a general postal voter.

4.37 The review is undertaken by writing, within 28 days of receiving the notification, to the appropriate Australian Electoral Officer for the State or Northern Territory, or to the Electoral Commissioner, in the case of a review of a decision made by a Divisional Returning Officer in the Australian Capital Territory.

4.38 If the Divisional Returning Officer's decision is upheld, an application for further review may be made to the Administrative Appeals Tribunal.

Registration of Political Parties

5.1 In order to be recognised for the purpose of contesting federal elections, political parties must first be registered with the AEC. Federal registration carries both rights and obligations for political parties, but does not confer recognition for them at State, Territory or local government elections.

Register of Political Parties

5.2 A Register of Political Parties is maintained by the AEC. Federal registration entitles parties to the following benefits:

• the option to have the party name or abbreviation printed alongside the names of its endorsed candidates and Senate groups;
• the right to receive election funding; and
• certain electoral roll products in printed and/or electronic format.

5.3 Federal registration also carries the following obligations:

• the lodgement of annual returns disclosing the income, expenditure and debts of the party and its branches; and
• being subject to compliance audits by the AEC.

Which parties are eligible to register?

5.4 To be eligible for registration a party must:

• be established on the basis of a written constitution;
• have as one of its objects to endorse candidates to contest federal elections; and either have:
  • at least 500 members who are entitled to vote; or

o        one or more members who are members of a Federal, State or Territory parliament (that is, be a parliamentary party).

How to apply

5.5 Applications for registration of a political party are made to the AEC. For a parliamentary party, either the party secretary or all the parliamentary members of the party may apply. In the case of a non-parliamentary party, an application must be signed by the party secretary and 9 other members of the party.

5.6 An application must be in writing and set out:

• the name of the party;
• its abbreviation (if any);
• its registered officer's name, address and signature; and
• whether the party wishes to receive election funding.

5.7 The application must be accompanied by a copy of the party's constitution. Parties must also provide documentary evidence of their claimed membership with the application. The parliamentary members of a party should confirm their membership to the AEC in writing on their official parliamentary letterhead. Non-parliamentary parties must provide at least 500 signed membership forms together with a statutory declaration made by the party secretary.

Restrictions on party names

5.8 A party cannot be registered if its name or abbreviation is:

• more than 6 words long;
• so similar as to be likely to be confused with the name or abbreviation of another unrelated registered political party.
• obscene; or
• contain the words "Independent" or Independent Party" and the name, abbreviation or acronym of another registered political party.

Registration procedures

5.9 Where, after initial consideration of an application for registration, the AEC believes that it should refuse the application, it may give the applicant an opportunity to change the application. Further to this examination for technical compliance of applications, the AEC also undertakes verification checks of the claimed party membership.

5.10 As soon as practicable after receipt, the AEC advertises applications in the Commonwealth Government Gazette and major newspapers. Members of the public then have one month in which to lodge objections to the application for registration, but the grounds for making objections are restricted to the party not being eligible, the name not being allowable or the application being defective. The party applying for registration is given the opportunity to respond to any objections. Objections and any replies are then considered by the AEC when deciding upon an application for registration.

5.11 When the AEC approves the registration of a party, the party's details are entered into the Register of Political Parties, the applicants are advised and the registration is notified in the Gazette. Where an application is refused, the applicants are advised of the reasons for refusal.

5.12 A registered party may apply to the AEC to change the party's entry in the Register by varying the party name, its abbreviation, its registered officer or other details.

De-registration

5.13 A party may be de-registered either at its own request or where:

• the party has ceased to exist;
• the party no longer has the required minimum membership;
• a non-parliamentary party has not endorsed a candidate for 4 years; or
• its registration was obtained by fraud or misrepresentation.

Review of registration decisions

5.14 The following decisions concerning the registration process are subject to review:

• to register or refuse to register a political party;
• to grant or refuse an application to change the Register; and
• to de-register a party.

5.15 An application for review of a decision of the delegate of the AEC must be made within 28 days after the applicant becomes aware of the decision. Following the AEC's review of the delegate's decision, a further application for review may be made direct to the Administrative Appeals Tribunal.

Election Timetable

6.1 There are a number of stages in the conduct of a Senate election, an election for the House of Representatives, or a by-election for the House of Representatives. These stages begin with the issue of writs and end with the return of the writs after the votes have been counted and a result declared (see also Appendix K, Election Timetable).

The writ

6.2 A writ is a document which commands an electoral officer to hold an election and which specifies the dates for the close of the rolls, the close of nominations, the polling, and the return of the writ. The writ is deemed to have been issued at 6pm on the day of the issue of the writ.

Issue of the writ

Constitutional provisions

6.3 Section 13 of the Constitution allows half-Senate elections to be held within the twelve months before those Senate places are to become vacant. Under section 12, if there is a dissolution of the Senate, writs must be issued within ten days of the dissolution.

6.4 Section 28 of the Constitution states that a House of Representatives will continue for no longer than three years from the first meeting of the House, but may be dissolved sooner. Under section 32, writs for a general election must be issued within ten days of the expiry or dissolution of the House of Representatives.

Senate elections

6.5 The writ for the election of Senators for a State is issued by the Governor of the State and is addressed to the Australian Electoral Officer for that State. The writ for the election of Senators for a Territory is issued by the Governor-General and is addressed to the Australian Electoral Officer for that Territory.

House of Representatives elections

6.6 Writs for the election of Members of the House of Representatives are issued by the Governor-General and are addressed to the Electoral Commissioner, who advises each Divisional Returning Officer of the dates specified and directs him or her to make the appropriate election arrangements. Eight writs are issued for each general election of the House of Representatives: one for the election of all Members in each State respectively, one for the Australian Capital Territory and one for the Northern Territory. A writ for a House of Representatives by-election is issued by the Speaker of the House or, in the Speaker's absence, by the Governor-General, and is also addressed to the Electoral Commissioner, who in turn advises the Divisional Returning Officer for that Division.

Close of rolls

6.7 The rolls close for the election at 8pm, seven days after the issue of the writ. Any claim for enrolment or transfer of enrolment received after that time cannot be processed until after polling day. However, a claim for enrolment or transfer of enrolment that was received between the close of rolls and polling day, and was delayed in the post by an industrial dispute, is regarded as having been received before the rolls closed.

Close of nominations

6.8 It is not possible to nominate as a candidate until the writ has been issued. Nominations close at 12 noon at least 10 days, but not more than 27 days, after the issue of the writ. The onus is on candidates to ensure nominations reach the appropriate electoral officer in time. Nominations are publicly declared 24 hours after nominations close.

Polling day

6.9 Polling day must be a Saturday and at least 33 days but not more than 58 days after the issue of the writ, that is, at least 23 days but not more than 31 days after the close of nominations. Polling hours are from 8am to 6pm.

Declaration of the result

Senate elections

6.10 After the result of a Senate election has been determined, the Australian Electoral Officer for the State or Territory publicly declares the result and the names of the candidates elected for the State or Territory.

House of Representatives elections

6.11 After the result of the election has been determined, the Divisional Returning Officer publicly declares the result and the name of the candidate elected for the Division.

Return of the writ

6.12 The writ must be returned not more than 100 days after its issue.

Senate elections

6.13 Following the declaration of the result in a Senate election, the Australian Electoral Officer for the State or Territory certifies on the writ the names of the candidates elected for the State or Territory, and returns the writ to the Governor of the State or, in the case of the Australian Capital Territory and the Northern Territory, to the Governor-General.

House of Representatives elections

6.14 Following the declaration of the result, the Divisional Returning Officer completes a statement setting out the number of votes received by each candidate and transmits it to the Electoral Commissioner.

6.15 At a general election, when the Electoral Commissioner has received notification from all Divisional Returning Officers (other than a Divisional Returning Officer who has notified the Electoral Commissioner of a tied result) that the declaration of the result has taken place, the Commissioner certifies on the writ for each State or Territory the name of the candidate elected for each Division and returns it to the Governor-General.

6.16 At a by-election, when the Electoral Commissioner has received the Divisional Returning Officer's notification of the declaration of the result, the Commissioner certifies on the writ the name of the candidate elected, and returns it to the Speaker or Governor-General, as the case requires.

Nominations

7.1 Candidates must be nominated before they may be elected to the Senate or House of Representatives.

Qualifications

7.2 The qualifications for a candidate for the Senate or the House of Representatives are the same. A candidate must be:

• at least 18 years old;
• an Australian citizen; and
• an elector entitled to vote, or a person qualified to become such an elector.

Disqualifications

7.3 A Senator cannot be chosen or sit as a Member of the House of Representatives. Likewise, a Member cannot be chosen or sit as a Senator.

7.4 No member of a State Parliament, the Northern Territory Legislative Assembly or the Australian Capital Territory Legislative Assembly may be nominated as a candidate for the Senate or the House of Representatives.

7.5 Section 44 of the Constitution bars certain people from being elected to the Senate or House of Representatives.

44. Any person who:

         i.            is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or

        ii.            is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under law of the Commonwealth or of a State by imprisonment for one year or longer; or

      iii.            is an undischarged bankrupt or insolvent; or

       iv.            holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any revenues of the Commonwealth; or

        v.            has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons:

shall be incapable of being chosen or sitting as a senator or a member of the House of Representatives.

Multiple nominations prohibited

7.6 No one may nominate as a candidate for more than one election held on the same day. Hence it is not possible for anyone to nominate for more than one Division for the House of Representatives, or more than one State or Territory for the Senate, or for both the House and the Senate.

Timing of nominations

7.7 It is not possible to nominate as a candidate for election until the writ for the election has been issued. The writ is deemed to have been issued at 6pm on the day of the issue of the writ.

7.8 The date fixed for the close of nominations must be at least 10 days but not more than 27 days after the issue of the writ for the election and is specified in the writ.

7.9 Nominations must be made before 12 noon on the day nominations close and the onus is on candidates to ensure nominations reach the appropriate electoral officer in time. Nominations of House of Representatives candidates endorsed by a registered political party, made to the Australian Electoral Officer by the party's registered officer, must be received at least 48 hours before the close of nominations.

Withdrawal of nominations

7.10 Candidates may withdraw their consent to nominations at any time up to the close of nominations, but cannot do so after nominations have closed. The deposit of a candidate who withdraws his or her nomination will be returned.

How to make a nomination

7.11 A nomination is made on the appropriate nomination form (or a facsimile of the form). Nomination forms are available from Head Offices or Divisional Offices of the AEC. Nominations of candidates for the Senate are made to the Australian Electoral Officer for the State or Territory for which the election is to be held, and nominations of candidates for the House of Representatives are made to the Divisional Returning Officer for the Division for which the election is to be held. However, the registered officer of a registered political party may lodge a "bulk nomination" of all endorsed House of Representatives candidates within a particular State or Territory with the Australian Electoral Officer for that State or Territory. These "bulk nominations" must be received at least 48 hours before the close of nominations.

7.12 A candidate must be nominated by either:

• fifty electors, that is, fifty people entitled to vote at the election for which the candidate is nominated; or
• the registered officer of the registered political party which has endorsed the candidate. (If an endorsed candidate is not nominated by the registered officer then the registered officer must otherwise verify that the candidate is in fact endorsed by the registered party.)

Grouping of candidates

7.13 Two or more candidates in a Senate election may make a request on their nomination form to have their names grouped on the ballot paper.

Party affiliations on ballot papers

7.14 The registered officer of a registered political party may request on the nomination form that the registered name or abbreviation of the party be printed on the ballot paper adjacent to the name of a candidate who has been endorsed by the party.

7.15 For an endorsed Senate group for which a group voting ticket is to be lodged, the registered officer may request that the party name or abbreviation (or for a group endorsed by more than one registered party, a composite name) be printed on the ballot paper adjacent to the group voting ticket square.

Independent candidates

7.16 Unendorsed candidates (except two or more candidates who wish to be grouped on the Senate ballot paper) may request on the nomination form that the word ‘Independent' be printed adjacent to their names on the ballot paper.

Individual incumbent senators

7.17 Incumbent senators who wish to remain ungrouped but who intend to lodge individual voting tickets must indicate their intention on the nomination form.

Candidate declaration

7.18 A person's nomination is not valid unless, in the nomination paper, the person:

• consents to act if elected;
• declares that he or she is qualified to be elected and that he or she is not a candidate in any other election to be held on the same day; and
• states whether he or she became an Australian citizen by birth, by naturalisation or by other means, and provides relevant particulars.

Deposits

7.19 For each nomination a deposit must be lodged. The deposit must be in cash or in a cheque drawn by a bank or other financial institution on itself (banker's cheque). A personal cheque is not acceptable.

7.20 The deposit required is:

• $700 for each person on a Senate nomination; or
• $350 for a House of Representatives nomination.

7.21 The deposit lodged with a nomination will be returned if a candidate is elected, or

• in a Senate election if:
  • in the case of ungrouped candidates, the candidate's total number of first preference votes is at least four per cent of the total number of formal first preference votes; or
  • where the candidate's name is included in a group, the sum of the first preference votes polled by all the candidates in the group is at least four per cent of the total number of formal first preference votes; or
• in a House of Representatives election, if the candidate's total number of first preference votes is at least four per cent of the total number of formal first preference votes cast for all candidates in the Division.

All other candidates forfeit their deposit.

7.22 A deposit may be returned to the candidate or someone authorised by the candidate. However, if the candidate was nominated as part of a bulk nomination, it must be returned to the person who paid it or another authorised person.

Uncontested elections

7.23 In a Senate election, if the number of candidates nominated is not greater than the number of candidates to be elected, the Australian Electoral Officer, on nomination day, declares the candidates elected. In a House of Representatives election, if only one candidate is nominated, the Divisional Returning Officer, on nomination day, declares that candidate elected.

Death of a candidate

7.24 If a nominated candidate dies before the close of nominations, the nomination period is extended by a day.

7.25 In a Senate election, if any candidate dies between the declaration of nominations and polling day, and the number of remaining candidates is not greater than the number of candidates to be elected, those candidates are declared elected. However, if the remaining candidates are greater in number than the number of candidates to be elected, the election proceeds. A vote recorded on a Senate ballot paper for a deceased candidate is counted to the candidate for whom the voter has recorded the next preference, and the numbers indicating subsequent preferences are regarded as altered accordingly.

7.26 In a House of Representatives election, if a candidate dies between the declaration of nominations and polling day, the election is deemed to have wholly failed and does not proceed. A new writ is issued for another election in that Division, but this supplementary election is held using the electoral roll prepared for the original election.

7.27 The deposit of any candidate who dies before polling day will be returned.

Voting

Voting systems

Single and multi-member constituencies

8.1 Members of the House of Representatives are chosen from single-member constituencies: each electoral Division in Australia sends one Member to the House of Representatives. Senators are chosen from multi-member constituencies: each of the six States sends 12 Senators to the Senate, and the Australian Capital Territory and the Northern Territory send two each.

Full preferential voting

8.2 Voting for both the Senate and the House of Representatives is full preferential: electors must indicate a complete order of preference among a list of candidates. The introduction of ticket voting in 1984 simplified this procedure for Senate elections.

How Senators are elected

8.3 Senators are elected from the States or Territories on the basis of proportional representation. Under this system it is not necessary for a candidate to obtain an absolute majority of votes to be elected: a candidate is elected on receiving a number of votes equal to the quota. A candidate who receives a number of votes in excess of the quota has his or her surplus ballot papers transferred at a fractional value to the continuing candidates for whom the next preference is shown. Candidates are elected as they reach the quota until all vacancies are filled. (See Appendix F for a description of the Senate scrutiny.)

How Members of the House of Representatives are elected

8.4 Members of the House of Representatives are elected on the basis of an absolute majority system. The first preference votes recorded for each candidate are counted. If any candidate receives more than 50 per cent of the first preference votes, that candidate is immediately elected. Whether or not a candidate is elected on first preference votes, the counting continues. Candidates with the fewest votes are excluded in turn and second and later preferences on their ballot papers are distributed. A candidate who receives an absolute majority of votes during the exclusion process is elected. The process of excluding candidates and distributing preferences continues until only two candidates remain in the count. (See paras 9.27-9.28 and Appendix G for a description of the House of Representatives scrutiny.)

Compulsory voting

8.5 Compulsory voting has applied at all federal elections since 1924. Voting is compulsory for all electors with the exception of eligible overseas electors, itinerant electors (see para 4.25) and Antarctic electors. Persons failing to vote at a federal election must provide a valid and sufficient reason or pay an administrative penalty of $20, or have the matter dealt with in court – in which case they may be fined up to $50 plus any court costs.

Who is entitled to vote at a particular election?

8.6 In general, only those people on the Commonwealth electoral roll when the roll is closed for an election are entitled to vote at that election. Before polling begins, the officer-in-charge at each polling place is provided with a current list of voters for the Division in which the polling place is located.

Ballot papers

8.7 Voters are issued with separate ballot papers for each election: white ballot papers are used for Senate elections (see Appendix C for sample) and green ballot papers for House of Representatives elections (see Appendix D for sample). Referendum ballot papers are buff-coloured (see Appendix E for sample).

Political affiliations on ballot papers

8.8 A registered political party may have the registered party name or abbreviation printed on ballot papers adjacent to the names of candidates endorsed by that party. Non-party (that is, unendorsed) candidates may request that the word ‘Independent' be printed adjacent to their names on the ballot papers.

8.9 A group of Senate candidates endorsed by a registered political party may have either the registered name or abbreviation of that name printed adjacent to their group voting ticket square on the top part of the ballot paper and adjacent to each of their names on the bottom part of the ballot paper. A composite group of Senate candidates endorsed by more than one registered political party may have a composite party name printed adjacent to their group voting ticket square on the top part of the ballot paper. However, candidates must have their own registered party names printed adjacent to their names on the bottom part of the ballot paper.

8.10 Unendorsed Senate candidates who have formed a group cannot make a request to have the word ‘Independent' printed adjacent to their names on the ballot papers.

Senate group voting tickets

8.11 Within 24 hours after the declaration of nominations, a Senate group may lodge with the Australian Electoral Officer for the State or Territory a group voting ticket, which is a written statement setting out a full preference ordering of all candidates in the election which the group wishes electors to follow. It is, in effect, a registered how-to-vote card.

8.12 Where a group voting ticket is lodged, a square is printed above the group name on the top part of the ballot paper. Electors wishing to vote according to the group voting ticket simply fill in that group voting square with the number 1 and their preferences are allocated accordingly during the scrutiny.

8.13 A group may lodge up to three such tickets, provided that the preference orderings shown place the preferences for the candidates lodging the statement ahead of any other candidate and that there is the same order of preference for the members of the group on each ticket. If two tickets are lodged, one half of the votes are allocated in each order, and if three tickets are lodged one third of the votes are allocated to each of the preference orderings.

Senate individual voting tickets

8.14 An ungrouped incumbent Senator may lodge one, two or three individual voting tickets which in each case must rank the Senator above all other candidates. Where an individual voting ticket is lodged, a square is printed above the candidate's name on the top part of the ballot paper. A request may be made that the name of the registered party endorsing the candidate, or the word ‘Independent' and the candidate's name, be printed adjacent to that square.

Order of names on ballot papers

Senate ballot papers

8.15 At a Senate election, the names of candidates included in groups are placed on the ballot paper before the names of candidates not included in groups. An individual incumbent Senator who has given written notice of intention to lodge a voting ticket is treated as a group. A double randomisation draw is conducted to determine the order of groups on the ballot paper. The first draw assigns a number to each group and the second assigns to that number its place on the ballot paper. A double randomisation draw is also conducted to determine the order of names of the ungrouped candidates and to determine the order of names of candidates within groups when the candidates have not specified the order. The draws, which are conducted by the Australian Electoral Officer 24 hours after the close of nominations, are open to the public.

House of Representatives ballot papers

8.16 At a House of Representatives election, the order of the candidates is also determined by a double randomisation draw. The draw, which is conducted by the Divisional Returning Officer for each electoral Division is conducted 24 hours after the close of nominations and is open to the public.

Method of casting a vote

Senate ballot papers

8.17 There are two distinct methods of casting a Senate vote. Where groups of candidates or individual incumbent Senators have registered group or individual voting tickets, a series of boxes are printed on the top part of the Senate ballot paper above the candidates' names. If the voter wishes to adopt the registered preference ordering of one of these tickets, a number 1 is placed in the box for the chosen group or incumbent Senator and the rest of the ballot paper is left blank.

8.18 Alternatively, where the voter wishes to indicate preferences among all Senate candidates on the bottom part of the ballot paper, the voter must place a number 1 in the square opposite the name of the candidate most preferred, and give preference votes for all the remaining candidates by placing the numbers 2,3,4 (and so on, as the case requires) in the squares opposite their names so as to indicate an order of preference for them. The top part of the ballot paper is left blank.

House of Representatives ballot papers

8.19 To cast a vote for the House of Representatives a voter must place a number 1 in the square opposite the name of the candidate most preferred, and give preference votes for all the remaining candidates by placing the numbers 2,3,4 (and so on, as the case requires) in the squares opposite their names so as to indicate an order of preference for them.

Arrangements for polling

8.20 Polling is conducted between the hours of 8am and 6pm on polling day, which must be a Saturday.

8.21 The Divisional Returning Officer for each electoral Division arranges for the appointment of all polling officials for the Division. The officer-in-charge of each polling place is called the officer-in-charge during polling, from 8am to 6pm. However, after 6pm, during the counting of the votes, this official is called the assistant returning officer. Most other polling officials work as issuing officers or enquiry officers.

8.22 The Divisional Returning Officer makes all necessary arrangements for hiring premises, equipping polling places with voting screens, ballot boxes, ballot papers and certified lists of voters.

8.23 Premises licensed for the sale of intoxicating liquor may be used as a polling place only if the Electoral Commissioner declares in writing that he or she is satisfied that during polling hours no intoxicating liquor will be available for sale or consumption on the part of the premises to be used for polling and that the polling area will be segregated from the part where intoxicating liquor will be available.

8.24 Where group voting tickets or individual voting tickets have been lodged for a Senate election, a poster showing those tickets must be prominently displayed at each polling place.

8.25 No candidate may in any way take part in the actual conduct of the polling, and no person, other than polling officials, scrutineers, and electors voting or about to vote, is permitted to enter or remain in the polling place during the polling, except by permission of the officer-in-charge.

Scrutineers

8.26 Candidates may appoint scrutineers to represent them at polling places, but not more than one scrutineer for each issuing point at a polling place.

8.27 Candidates may appoint scrutineers by completing and signing the Scrutineer Appointment Form addressed to the Divisional Returning Officer or the officer-in-charge in charge of a polling place. (a facsimile of the candidate's signature is acceptable)

8.28 Before commencing duties a scrutineer must sign an undertaking that he or she will not disclose any knowledge acquired concerning the vote of any elector and that he or she will not attempt to influence the vote of an elector. A scrutineer must wear a badge identifying him or her as a scrutineer.

8.29 A scrutineer can enter and leave the polling place at any time and be replaced by a properly appointed and relieving scrutineer, but only one scrutineer for each candidate at each issuing point can be present inside the polling place at any one time.

8.30 A scrutineer has the right to:

• observe the sealing of the empty ballot box before the poll commences at 8 am;
• observe the questioning of voters by the issuing officer;
• object to the right of any person to vote;
• note details of electors and take this information out of the polling place; and
• observe voting by handicapped and illiterate voters (see para 8.32).

8.31 A scrutineer must not:

• interfere with or attempt to influence any voter or communicate unnecessarily with any person in the polling place (penalty: up to $1000 or imprisonment for six months, or both);
• divulge or communicate any information concerning the vote of an elector in such a way that is likely to enable the identification of the elector (penalty: up to $1000 or imprisonment for six months, or both);
• wilfully exhibit or leave in any polling place any card or paper that directs or instructs a voter how to vote (penalty: up to $500);
• wear or display a badge or emblem of a candidate or political party in the polling place (penalty: up to $1000);
• engage in misconduct or fail to obey any lawful direction of the officer in-charge (penalty: up to $500).

Assistance to voters

8.32 The officer-in-charge may permit any visually impaired, physically incapacitated or illiterate voter to be accompanied to a voting screen by a person appointed by the voter to mark, fold and deposit that voter's ballot paper. Where no such person is appointed, the same role may be performed by the officer-in-charge in the presence of a scrutineer or, if no scrutineer is present, in the presence of a polling official or another person appointed by the voter. The voter may indicate a voting intention to the officer-in-charge by the use of a how-to-vote card. If any elector satisfies the officer-in-charge that, due to any physical disability or illness, they are unable to enter the polling place, voting materials may be taken to them outside the polling place.

Voting at polling places on polling day

8.33 On polling day an elector is entitled to vote at any polling place in the Division for which he or she is enrolled, or make a declaration vote at any polling place in the same State or Territory.

Ordinary voting

8.34 An elector who attends a polling place in his or her own Division votes as an ordinary voter.

8.35 The following procedures apply to ordinary voting:

• the issuing officer asks each intending voter:
  • What is your full name?
  • Where do you live?
  • Have you voted before in this election?;
• assuming the elector's claim to vote is in order, the elector is handed Senate and House of Representative ballot papers. The issuing officer places a mark against that person's name on the certified list of voters;
• the voter then goes to a voting screen and casts his or her vote in private, folds the ballot papers so that the vote cannot be seen, and then places each ballot paper in the appropriate ballot box and leaves the polling place.

Absent voting

8.36 An elector, who on polling day is away from his or her own Division but still within the same State or Territory may vote, upon making a declaration, as an absent voter at any polling place open in that State or Territory.

8.37 The following procedures apply to absent voting:

• in addition to answering the questions put to any ordinary voter the absent voter must also identify the Division for which he or she is enrolled;
• the absent voter then signs a declaration on an envelope provided for the purpose in the presence of the issuing officer who must sign as witness to the signature;
• on receipt of the correct ballot paper for the Division for which the elector is enrolled and a Senate ballot paper, the vote is cast in the ordinary manner;
• the absent voter returns the folded ballot papers to the issuing officer who then places them in the signed and witnessed declaration envelope, seals the envelope and puts it in a ballot box for later dispatch to the appropriate Divisional Returning Officer.

Provisional voting

8.38 Provisional votes are issued to electors if:

• their names cannot be found on the certified list of voters for the Division;
• their names are on the certified list of voters but their addresses do not appear on the list (these are electors who for reasons of personal or family safety have silent enrolment) or
• their names have been marked on the certified list of voters as having already voted at that polling place.

8.39 The following procedures apply to provisional voting:

• the provisional voter must answer the questions put to any ordinary voter;
• the provisional voter then signs a declaration on an envelope provided for the purpose in the presence of the issuing officer who must sign as witness to the signature;
• the issuing officer must give the person a statement explaining provisional voting and the procedures used;
• on receipt of the ballot papers, a vote is cast in the ordinary manner;
• the provisional voter returns the folded ballot papers to the issuing officer who then places them in the signed and witnessed declaration envelope, seals the envelope and puts it in a ballot box for later dispatch to the Divisional Returning Officer.

Postal voting and pre-poll voting

Postal voting

8.40 An elector may apply for a postal vote if the elector:

• during the hours of polling on polling day, will not be in the State or Territory for which he or she is enrolled;
• will not be, at any time during the hours of polling on polling day, within eight kilometres by the nearest practicable route of any polling place in the State or Territory for which he or she is enrolled;
• during the hours of polling on polling day, will be travelling under conditions that will prevent the elector attending a polling place in the State or Territory for which he or she is enrolled;
• will be precluded from attending a polling place on polling day because of serious illness, infirmity or approaching childbirth;
• will be, on polling day, at a place other than a hospital, caring for a person who is seriously ill or infirm or expected shortly to give birth, and therefore precluded from attending a polling place to vote;
• during the hours of polling on polling day, will be a patient in a hospital (other than a special hospital) and unable to vote at that hospital;
• during the hours of polling on polling day, will be a patient in a special hospital and unable to have his or her vote taken by an electoral visitor;
• is, by reason of religious belief, unable to attend a polling place;
• on polling day, is serving a sentence of imprisonment or otherwise under detention;
• has silent enrolment and thus his or her address does not appear on the roll;
• during the hours of polling on polling day, will be engaged in his or her employment or occupation and:
  • if the elector is not entitled to leave of absence, or
  • if the elector's absence would be likely to cause loss to the person in his or her occupation.

8.41 The following procedures apply to postal voting. An application for a postal vote must:

• contain a declaration by the applicant that he or she is an elector entitled to apply for a postal vote;
• be signed by the applicant in the presence of an authorised witness (electors are authorised witnesses; overseas, Australian citizens and other persons in specified categories are authorised witnesses);
• be made after the issue of the writ for the election or the public announcement of the day of the election, whichever is the earlier, and before 6pm on the day immediately preceding polling day;
• be returned to a Divisional Returning Officer. (If the applicant is outside Australia, an application may be returned to an Assistant Returning Officer. Assistant Returning Officers are appointed at most Australian overseas diplomatic posts.)

8.42 On receipt of the postal vote material, which comprises a postal vote certificate and postal ballot paper, the elector must:

• show the unmarked ballot papers to an authorised witness;
• sign the postal vote certificate in the presence of the authorised witness;
• obtain the signature of the authorised witness on the postal vote certificate;
• cast a vote in the presence of the authorised witness, but so that the authorised witness cannot see the vote;
• enclose the postal ballot papers in the envelope, and post or deliver the sealed envelope to the appropriate Divisional Returning Officer. Special provisions apply if a ballot paper, posted before the close of the poll, would be unlikely to reach the appropriate Divisional Returning Officer within 13 days after polling day or if a ballot paper, to be delivered to the appropriate Divisional Returning Officer, would be unlikely to reach the Divisional Returning Officer before the close of the poll.

8.43 Registered general postal voters automatically receive ballot papers and a postal vote certificate envelope as soon as the ballot papers are available.

Pre-poll voting

8.44 An elector may apply for a pre-poll vote on any of the grounds for postal voting.

8.45 The following procedures apply to pre-poll voting. An application for a pre-poll vote must:

• be made in person to any Divisional Returning Officer, any pre-poll voting officer, or to an Assistant Returning Officer at an overseas post (Assistant Returning Officers are appointed at most Australian overseas diplomatic posts);
• be made not earlier than:
  • the second day after the declaration of nomination for a Senate election or a Senate election and a House of Representatives election held on the same day, or
  • the day after the declaration of nomination for a House of Representatives election held alone,

and before the close of the poll; and

• specify the Division for which the elector is enrolled.

8.46 On receipt of the pre-poll vote material which comprises a pre-poll vote certificate and the appropriate ballot papers:

• the elector must sign the pre-poll vote certificate in the presence of the issuing officer;
• the issuing officer must sign the certificate as witness;
• the elector casts a vote in the presence of the issuing officer but so that the issuing officer cannot see the vote;
• the elector then folds the ballot papers and returns them to the issuing officer;
• the issuing officer places the ballot papers in the pre-poll vote certificate envelope, seals the envelope and places it in a ballot box for later dispatch to the appropriate Divisional Returning Officer.

Special voting provisions

Mobile polling in hospitals

8.47 At hospitals and similar institutions which are polling places, the officer-in-charge and a polling official take the necessary voting material and equipment to all rooms or wards containing patients who are eligible voters and who wish to vote at the hospital, and take their votes in person. The polling place at the hospital continues to be staffed at all times when the polling officials are taking the votes of patients in the wards.

8.48 At certain declared special hospitals, which include convalescent homes and similar institutions, an electoral visitor appointed by the AEC visits all rooms or wards containing patients who are eligible voters and who wish to vote at the hospital, and takes their votes in person, in the five days preceding polling day and/or on polling day itself.

8.49 Scrutineers may accompany and observe the officer-in-charge or electoral visitor conducting mobile polling in hospitals.

8.50 Electoral visitors explain each patient's right to receive assistance in recording his or her vote.

8.51 Enrolled persons who are patients (excluding out-patients) in a hospital, convalescent home or similar institution at which mobile polling facilities are not provided, may apply for a postal vote. Enrolled persons who are patients in hospitals or declared special hospitals and who will not be able to vote on polling day or when the electoral visitors call are also entitled to vote by post.

Mobile polling in prisons

8.52 The AEC may make arrangements with prison authorities for electoral visitors to take voting material and equipment to prisons for the purpose of taking the votes of those prisoners who are eligible to vote. Scrutineers may be present.

Mobile polling in remote divisions

8.53 Remote areas in Divisions declared to be remote Divisions may be visited by mobile polling teams for the purpose of taking the votes of eligible voters. The AEC determines the places and gives notice of the days and times of visits, which must take place in the period beginning 12 days before polling day and ending on polling day. The mobile team leader may vary the itinerary in certain circumstances. Scrutineers may accompany mobile polling teams.

Antarctic voting

8.54 Special provision is made for taking the votes of Antarctic electors at Australian Antarctic research stations or on ships in transit to or from Antarctica. The AEC appoints an Antarctic Returning Officer (and an Assistant Antarctic Returning Officer) for each permanent research station and each ship at sea transporting research personnel to or from Antarctica.

8.55 The Australian Electoral Officer in the case of a Senate election, or the Divisional Returning Officer in the case of a House of Representatives election, transmits to the appropriate Antarctic Returning Officer the Antarctic elector's particulars which appear on the relevant roll, together with directions for the preparation of ballot papers. Polling proceeds under substantially the same provisions as for ordinary voting. The Antarctic Returning Officer determines the days and hours for the conduct of polling. The polling cannot continue beyond 6pm (Australian Capital Territory time) on polling day.

8.56 At the close of the poll, the Antarctic Returning Officer transmits to a designated Australian Electoral Officer the particulars of each Antarctic elector who has voted and the markings on the elector's ballot paper. The designated Australian Electoral Officer transcribes the voting information from each Antarctic elector onto a postal ballot paper, puts the ballot paper in an envelope, seals and signs the envelope, and then sends it to the appropriate Divisional Returning Officer.

8.57 Voting is not compulsory for Antarctic electors.

Scrutiny

Election night

9.1 On election night the counting of votes (scrutiny) gets under way as soon as practicable after the close of the poll at 6pm. A polling place becomes a counting centre for this purpose under the control of an assistant returning officer who will have been the officer-in-charge for that polling place during the hours of polling.

9.2 Ballot boxes containing votes taken by electoral visitors in special hospitals and prisons and by mobile polling teams in remote Divisions are forwarded to the Divisional Returning Officer, Assistant Divisional Returning Officer or officer-in-charge as directed by the Divisional Returning Officer.

9.3 Only ordinary votes are counted at the counting centres on election night. At simultaneous elections, House of Representatives ballot papers are counted before Senate ballot papers. The ballot papers are sorted by the polling officials according to the first preference votes marked for both ballot papers and a two-candidate preferred count of the House of Representatives ballot papers is also carried out. The results are then tabulated and telephoned to the Divisional Returning Officer.

9.4 The two-candidate preferred count provides an indication of the likely outcome of an election in each Division on election night. It is conducted in each Division in which more than two candidates contest a House of Representatives election. The AEC selects two candidates to whom the preferences of all other candidates are notionally distributed. These candidates will be identified, in most cases, on the basis of previous election results.. There is, of course, no certainty that the AEC will be able to select the two most successful candidates in every case. The identity of the candidates selected for a two-candidate preferred count remains confidential until polling closes.

9.5 Results are relayed from each Divisional office, through the AEC's computer network, to the National Tally Room in Canberra where progressive figures for all seats are displayed on the tally board and on computer terminals. Results are also made available on the AEC Internet web site.

9.6 As soon as the scrutiny of ordinary votes at each counting centre ends, the ballot papers are placed in sealed parcels and delivered to the Divisional Returning Officer.

9.7 Declaration votes (postal, pre-poll, absent and provisional votes) are scrutinised at the Divisional Office after election night.

Scrutineers

9.8 Scrutineers, who are the personal representatives of candidates in the election, are entitled to be present throughout the scrutiny and all proceedings of the scrutiny must be open to scrutineers. The number of scrutineers who may represent a candidate at each counting centre is limited to the number of officers engaged in the counting of ballot papers.

9.9 The appointment of a scrutineer may be made by notice in writing signed by the candidate and given or sent to the officer conducting the scrutiny at the counting centre. The Scrutineer Appointment Form may be used for both the polling and the scrutiny. A scrutineer must wear a badge identifying him or her as a scrutineer.

9.10 A scrutineer may:

• inspect the condition of ballot boxes, and observe them being opened by the officer-in-charge;
• observe:
  • the counting of ballot papers on election night,
  • the counting of ballot papers including fresh scrutinies (re-checks conducted by Divisional Returning Officers,
  • preliminary scrutinies of declaration votes,
  • Senate scrutinies controlled by Australian Electoral Officers, and
  • any re-counts of ballot papers;
• object to the admission or rejection of a ballot paper, in which case the officer conducting the scrutiny decides whether the vote is formal or informal and marks the ballot paper admitted or rejected. (At a re-count, a scrutineer may request that a ballot paper be reserved for the decision of the Australian Electoral Officer);
• countersign endorsements on any parcels of ballot papers, and countersign statements giving first preference votes for each candidate and the number of informal ballot papers.

9.11 A scrutineer must not handle, separate or arrange ballot papers. The penalty is a fine of up to $1000 or imprisonment for six months, or both.

Scrutiny of declaration votes

Preliminary scrutiny

9.12 As soon as practicable after the close of the poll, the Divisional Returning Officer conducts preliminary scrutinies of the information contained on the declaration envelopes containing postal, pre-poll, absent and provisional votes to determine whether the claimants are entitled to vote.

9.13 In the case of postal votes, the signatures on postal vote certificates are checked against the signatures on written applications and names are checked against the electoral roll. In addition, before accepting postal ballot papers for further scrutiny, the Divisional Returning Officer must be satisfied that the votes contained in the envelopes were recorded prior to the close of the poll. (A postal ballot paper in an envelope with a postmark dated after the close of the poll is taken not to have been recorded prior to the close of the poll.)

9.14 In the case of other declaration votes, there are no signature comparisons, but otherwise the checks are the same as for the preliminary scrutiny of postal votes.

Further scrutiny

9.15 The ballot papers accepted for further scrutiny are treated in the same way as ordinary ballot papers. The declaration envelopes are opened and the folded ballot papers are placed in a ballot box for further scrutiny.

Fresh scrutinies (re-checks) of ballot papers

9.16 When the Senate ballot papers from all polling places in a Division have been returned to the Divisional Returning Officer, a fresh scrutiny is conducted to re-check the counting done on election night. The total number of all first preference votes recorded for each candidate after the re-check is tabulated and the results transmitted to the Australian Electoral Officer for the State or Territory. When final figures have been received from every Divisional Returning Officer in the State or Territory, the Australian Electoral Officer ascertains the quota for the election for that State.

9.17 A fresh scrutiny of House of Representatives ballot papers is also conducted by the Divisional Returning Officer upon their receipt from polling places.

Formality checks

9.18 Formality checks fall into two categories, one comprising tests of whether the ballot paper concerned is an valid one which does not identify the voter, and the other comprising tests of whether the voter has performed his or her duty in marking the ballot paper sufficiently well for it to be accepted as a formal vote.

validity tests

9.19 To be accepted as valid, a ballot paper:

• must be authenticated by the official mark or by the initials of the issuing officer, or must, in the opinion of the Divisional Returning Officer deciding the question, be an authentic ballot paper; and
• must not have any unauthorised writing on it by which the voter can be identified; and
• must, in the case of a declaration vote, have been contained in a declaration envelope.

formality – Senate

9.20 The tests which apply to Senate ballot papers are complicated because a Senate vote can be recorded either by full numbering of preferences below the line or by recording a ticket vote above the line. Additionally, a ballot paper may be accepted as formal even where the voter has erroneously attempted to record both types of votes. Thus three distinct cases arise.

9.21 Case One is the ticket vote recorded on its own. The voter is supposed to record such a vote by placing a single number 1 in one, and only one, of the squares printed in the ticket voting section in the top part of the Senate ballot paper. Specific allowance is made, however, for voters who deviate slightly from this requirement. A tick or a cross is accepted as equivalent to the number 1. Further, a ticket vote is not informal if additional squares are numbered, so long as the number 1, or a tick or a cross, appears in one, and only one, square.

9.22 Case Two is the vote below the line on the Senate ballot paper. In this case, specific allowance is again made for voters who may have difficulty in fulfilling their obligations. A ballot paper is formal if:

• a first preference is shown by the presence of the number 1 in the square opposite the name of one, and only one, candidate. (Ticks or crosses are not acceptable substitutes for a number 1 in this case.);
  and
• in a case where there are ten or more candidates, there are, in not less than 90 per cent of the squares opposite the names of candidates on the ballot paper, numbers which form a sequence of consecutive numbers beginning with the number 1 without repetitions, or numbers which would be such a sequence with changes to not more than three of them;
  or
• in a case where there are nine or fewer candidates, there are in all squares opposite the names of candidates on the ballot paper, or in all but one of those squares (which is left blank), numbers which form a sequence of consecutive numbers beginning with the number 1 without repetitions, or numbers which would be such a sequence with changes to not more than two of them.

9.23 Case Three arises where the voter has tried to record both a ticket vote and a vote below the line This case can be broken down into three distinct situations:

• where the ticket vote and the vote below the line would each have been informal if recorded on its own, the ballot-paper is informal;
• where the ticket vote would have been formal if recorded on its own but the vote below the line would have been informal if recorded on its own, the ballot paper is formal and is treated as if the vote below the line had not been attempted. Conversely, where the vote below the line would have been formal if recorded on its own, but the ticket vote would have been informal if recorded on its own, the ballot paper is formal and is treated as if the ticket vote had not been attempted;
• finally, where the elector records a ticket vote and a vote below the line, each of which would have been formal if recorded on its own, the ballot paper is formal and is treated as if the ticket vote had not been attempted, that is, a correct vote below the line prevails over a correct ticket vote.

formality – House of Representatives

9.24 A House of Representatives ballot paper is formal if a first preference is shown by the presence of the number 1 in the square opposite the name of one, and only one, candidate, and there are consecutive numbers, without repetition of any number, placed in all the other squares on the ballot paper, so as to indicate an order of preference for all candidates. Ticks and crosses render a ballot paper informal.

Election of Senators

(see Appendix F for description of Senate scrutiny)

9.25 The essential features of the Senate system of election are as follows:

• Step 1. To secure election, candidates must secure a quota of votes. The quota is determined by dividing the total number of formal first preference votes in the count by one more than the number of Senators to be elected for the State or Territory and increasing the result by one, disregarding any remainder.
• Step 2. Should a candidate gain an exact quota, he or she is declared elected and his or her ballot papers are set aside as finally dealt with as there are no surplus votes.
• Step 3. For each candidate elected with a surplus, commencing with the candidate elected first, a transfer value is calculated for all his or her ballot papers. All those ballot papers are then re-examined and the number showing a next available preference for each of the continuing candidates is determined. Each of these numbers of ballot papers is multiplied by the transfer value. The resulting numbers, ignoring any fractional remainders, are added to the continuing candidates' respective progressive totals of votes.
• Step 4. Under certain circumstances the transfer of a surplus may be deferred until after an exclusion or bulk exclusion (see Step 6).
• Step 5. Where a transfer of ballot papers raises the number of votes obtained by a candidate up to a quota, the candidate is declared elected. No more ballot papers are transferred to that elected candidate at any succeeding count.
• Step 6. When all surpluses have been distributed and vacancies remain to be filled, and the number of continuing candidates exceeds the number of unfilled vacancies, exclusion of candidates commences. Bulk exclusions are proceeded with if possible; otherwise exclusions of single candidates take place.
• Step 7. Steps (3), (4) and (6) are continued, as necessary, until either all vacancies are filled or the number of candidates in the count is equal to the number of vacancies remaining to be filled. In the latter case, the remaining candidates are declared elected.

9.26 Counting for Senate elections usually takes longer than for House of Representatives elections because of the relatively complicated scrutiny and it may be several weeks after polling day before all the Senators are declared elected, particularly in the larger States. Changes to the Commonwealth Electoral Act allowed a computerised method of counting Senate votes to be used for the 1998 Senate election for the first time. Preferences marked below the line are entered onto a computer, as are the ticket votes and the group voting tickets. A computer program is then used to determine the quota,; who is elected or excluded; and to provide details of transfers of ballots papers and votes.

Election of Members of the House of Representatives

(see Appendix G for description of House of Representatives scrutiny)

9.27 After the Divisional Returning Officer has conducted a fresh scrutiny (re-check) of ballot papers received from polling places, the scrutiny proceeds as follows:

• the candidate who has received the fewest first preference votes is excluded and all the ballot papers held by that candidate are transferred to the continuing candidates according to the next available preference expressed on each ballot paper.
• the process of excluding the candidate who has the fewest votes continues until only two candidates remain in the count.

9.28 The candidate who, at any stage during the scrutiny, has an absolute majority (50 per cent plus one vote) of all formal votes is elected.

9.29 The distribution of preferences does not normally occur until 13 days have elapsed after polling day for the receipt of postal votes. However, the Australian Electoral Officer for a State or Territory may direct a Divisional Returning Officer to conduct a provisional scrutiny of preferences.

Tied Result

Senate

9.30 In a Senate scrutiny, if only two candidates remain for the last vacancy to be filled and they have an equal number of votes, the Australian Electoral Officer for the State or Territory has a casting vote, but does not otherwise vote in the election.

House of Representatives

9.31 In a House of Representatives scrutiny, if two or more candidates have an equal number of votes on the final count, there is an immediate re-count of votes and a fresh scrutiny of all rejected declaration. If from the re-count one candidate receives an absolute majority of votes, the Divisional Returning Officer declares the result accordingly. If the re-count confirms the deadlock, the Divisional Returning Officer advises the Electoral Commissioner that the election cannot be decided. The Commissioner must then file a petition disputing the election.

Recounts

Re-counts normally occur only when the result of an election is very close. At any time before the declaration of the result of an election, the officer conducting the election may, at the written request of a candidate or on his or her own decision, recount some or all of the ballot papers. The Electoral Commissioner or the Australian Electoral Officer may also direct a recount.

Petitions

9.33 A candidate, an elector, or the AEC itself, may dispute the validity of an election by a petition to the High Court sitting as the Court of Disputed Returns. Apart form the AEC, petitioners can only challenge those elections for which they were qualified to vote.

9.34 A petition must:

• set out the facts relied on to invalidate the election;
• sufficiently identify the specific grounds of the petition ;
• detail the relief the petitioner claims to be entitled to;
• be signed;
• be attested by two witnesses whose occupations and addresses are stated;
• be filed in the Registry of the High Court within 40 days after the return of the writ;
• be accompanied by the sum of $500 as security for costs.

9.35 The Court of Disputed Returns sits as an open court and can inquire into breaches of the Act which may throw doubt on the validity of the election and whether votes were improperly admitted or rejected, but it cannot inquire into the correctness of the electoral roll.

9.36 The powers of the Court of Disputed Returns include the following:

• to declare that any person who was returned as elected was not duly elected;
• to declare any candidate duly elected who was not returned as elected;
• to declare any election absolutely void.

9.37 If the Court of Disputed Returns finds that a candidate has committed or has attempted to commit bribery or undue influence, and that candidate has been elected, then the election will be declared void.

Election Funding and Financial Disclosure

10.1 Since February 1984, the Commonwealth Electoral Act 1918 has provided for public funding of election campaigns and the disclosure of finances by persons and organisations participating in federal elections.

10.2 Registered political parties (see Chapter 5) and unendorsed candidates and Senate groups may be eligible to receive public funding following a federal election or by-election. Candidates and Senate groups must lodge returns with the AEC disclosing election donations and expenditure while parties must disclose electoral expenditure. Broadcasters and publishers are also required to submit returns. Other persons and organisations (third parties) who involve themselves in election campaigns, such as by publishing or broadcasting their own election advertisements, are required to lodge returns of donations made, electoral expenditure and donations received.

10.3 Parties and their associated entities must lodge annual returns of income, expenditure and debts, with associated entities also having to disclose deposits of capital they have received in certain circumstances. Donors of $1,500 or more in a financial year to registered political parties must also lodge disclosure returns with the AEC.

Election Funding

Who is eligible to receive funding?

10.4 A candidate or Senate group must win at least 4% of the formal first preference votes in the Division or State contested to be eligible for election funding. For Senate groups, it is sufficient if the group as a whole wins at least 4% of the votes.

What is the rate of funding?

10.5 The funding entitlement due is calculated by multiplying the number of votes received by the current election funding rate. The rate is reviewed every six months in line with increases in the consumer price index. The rate for the six months to 30 June 1999 stood at $1.63508 per vote.

Payment of funding

10.6 Payment is required to be made by the AEC of at least 95% of the entitlement on the basis of the votes counted as at the 20^th day after polling day, with any balance being paid at the completion of counting. The funding entitlements of endorsed candidates and Senate groups are paid to the endorsing party.

Disclosure of political donations

What is a donation?

10.7 A donation is any good or service given (including money) for which no payment is made or for which payment is inadequate. Personal gifts received which were not used to fund campaign expenditure do not need to be disclosed and neither do services provided to candidates by volunteer supporters.

How donations are disclosed

10.8 Candidates and Senate groups are required to lodge with the AEC a return, on the approved form, disclosing donations received during the appropriate disclosure period. The commencement date of the donation disclosure period varies depending upon individual circumstances but, in every case, ends on the 30th day after polling day. For example, for a candidate at successive elections, the disclosure periods run into each other with no interval of non-disclosure, whereas for a first time independent candidate the disclosure period starts on announcement of candidacy.

10.9 The deadline for lodging returns is 15 weeks after polling day. A return must show:

·         the total value of all donations received;

• the total number of persons who made gifts; and
• where donations from an individual or organisation total $200 or more to a candidate or $1,000 or more to a Senate group, the name and address of the donor along with the date and value of each donation made.

10.10 A third party who incurs expenditure of $1,000 or more for a political purpose, such as campaigning or making a political donation, is required to lodge a return within 15 weeks after polling day showing details of each donation of $1,000 or more received and used for that purpose.

Disclosure of electoral expenditure

What is electoral expenditure?

10.11 Totals of campaign expenditure in each of six specified categories must be disclosed:

1.       broadcasting advertisements (including production costs);

2.       publishing advertisements (including production costs);

3.       displaying advertisements at a theatre or other place of entertainment (including production costs);

4.       costs of campaign material where the name and address of the author is required (e.g. how-to-vote cards, pamphlets, posters);

5.       direct mailing; and

6.       opinion polling or other research relating to the election.

10.12 Other campaign expenditure such as the hire of premises and equipment, freight, telephone charges and travel costs are not required to be included in the return.

Returns of electoral expenditure

10.13 Candidates, Senate groups and third parties are required to lodge returns of electoral expenditure within 15 weeks after polling day. Third parties are only required to lodge these returns where their electoral expenditure totals $200 or more.

10.14 Third parties are also required to lodge returns of donations of $200 or more to a candidate or $1,000 or more to a person or body gazetted by the AEC.

Broadcasters and Publishers

10.15 Broadcasters and publishers must lodge a return of electoral advertisements with the AEC within 8 weeks after polling day following an election or a referendum. In the case of publishers, the obligation to lodge a return only exists if the charges made for such advertising exceeded $1,000.

Annual disclosures

Registered political parties

10.16 Each state branch of a registered political party must lodge a return to the AEC within 8 weeks after the financial year ending on 30 June showing the:

·         total of all amounts received and paid during the financial year;

• total of all outstanding debts as at 30 June; and
• name and address of persons and organisations for whom receipts or debts reach a $1,500 threshold along with the value of those transactions.

10.17 When determining whether a person has reached the threshold of $1,500 for detailed disclosure under receipts or payments, only individual transactions of $500 or more need to be counted.

Associated entities

10.18 Associated entities are organisations which are either controlled by or operate wholly, or mainly, for the benefit of one or more registered political parties.

10.19 Associated entities must disclose in the same detail as parties but, additionally, where a payment has been made to a registered political party out of income earned from the capital of the associated entity, they must disclose the details of all persons and organisations who deposited capital from 16 June 1995 onwards along with the total of those deposits.

Donors to political parties

10.20 Donors to parties must lodge a disclosure return, on the approved form, where they have made donations of $1,500 or more during a financial year to a single registered political party. Unlike disclosures by parties, however, all donations - including those of less than $500 - must be counted when determining whether the $1,500 disclosure threshold has been reached.

Audits

10.21 The AEC conducts regular audits of the annual returns lodged by registered political parties and associated entities. It may also instigate more detailed investigations in any instances where it believes that there may have been a breach of the disclosure provisions of the Act.

Electoral Offences

Compulsory enrolment and voting

11.1 Every person 18 years or over who is qualified to enrol as an elector is obliged by law to apply for enrolment within 21 days of becoming qualified (penalty up to $50).

11.2 Voting is compulsory for all electors, with the exception of eligible overseas electors, itinerant, and Antarctic electors. The administrative penalty, paid to the DRO, for failing to vote without a valid and sufficient reason is $20. If the matter is dealt with by a court, a penalty of up to $50 plus court costs may be imposed.

Bribery

11.3 Anyone who requests, offers or obtains a bribe with a view to influencing the vote of an elector, a person's candidature, or any support of, or opposition to, a candidate or political party, is guilty of an offence (penalty: up to $5000 or imprisonment for two years, or both). Election campaign declarations of public policy or promises of public action are not regarded as bribery for this purpose.

Defamation

11.4 Anyone who makes or publishes any false and defamatory statement in relation to the personal character or conduct of a candidate is guilty of an offence (penalty: up to $1000 or imprisonment for six months, or both, for an individual; up to $5000 for a body corporate).

Interference with political liberty

11.5 Anyone who hinders or interferes with the free exercise or performance, by any other person, of any political right or duty relevant to an election is guilty of an offence (penalty: up to $1000 or imprisonment for six months, or both). Anyone who discriminates against another person because that person has made a donation to a political party, candidate or Senate group, is guilty of an offence (penalty: up to $5000 or imprisonment for two years, or both, for an individual; up to $20 000 for a body corporate).

Public meetings

11.6 Anyone who disrupts a public election campaign meeting by disorderly behaviour is guilty of an offence (penalty: up to $500). The chairperson of a public election campaign meeting may ask police to remove anyone who is preventing the business of the meeting, and anyone removed from such a meeting may not return without the authority of the chairperson (penalty: up to $1000 or imprisonment for six months, or both).

Election campaign advertising

11.7 An "electoral advertisement" is defined as any advertisement, handbill, pamphlet poster or notice that contains electoral matter. "Electoral matter" is defined as material which is intended or likely to affect voting in an election.

The following offences relate to electoral advertising:

• All printed or published electoral advertising must show the name and address (not being a post office box number) of the person authorising it, and the name and place of business of the printer (penalty: up to $1000 for an individual; up to $5000 for a body corporate). However, this does not apply to a T-shirt, lapel button, lapel badge, pen, pencil or balloon, or to an advertisement announcing the holding of a campaign meeting;
• A video recording containing electoral matter must show the name and address of the person authorising it (penalty: up to $1000 for an individual; up to $5000 for a body corporate);
• A double page electoral advertisement in a journal (defined as a newspaper, magazine or similar, published for sale or free of charge) must carry authorisation details on both pages unless its text is contained within a border or is printed across the seam of the two pages, in which case the authorisation need only appear at the end of the advertisement (penalty: up to $1000 for an individual; up to $5000 for a body corporate);
• It is prohibited to print, publish or distribute or broadcast anything that is likely to mislead or deceive an elector concerning the casting of his or her vote.
• Newspaper proprietors must ensure that all paid electoral advertisements contained in articles or paragraphs in their newspapers are headed by the word ‘Advertisement'. A double page advertisement must have the heading ‘Advertisement' printed on both pages (penalty: up to $500);
• Articles that contain electoral matter and are printed, published or distributed in a newspaper, circular, pamphlet or dodger, must include the name and locality address of the author at the end (penalty: up to $500 for an individual; up to $2500 for a body corporate). This does not apply to a newspaper leading article, an article which is solely a report of a meeting, or a letter to the editor, providing the letter writer's name and suburb are shown;
• No one is allowed to write, draw or depict any electoral matter directly on any road, footpath, building, vehicle, vessel, hoarding or any other place, whether or not it is a public place and whether on land or water or in the air (penalty: up to $1000). Signs are permissible on or at the office or committee room of a candidate or political party, indicating that it is the office or committee room of the candidate or party and specifying the name of the candidate or party.

Polling

11.8 The following offences mainly relate to polling on or before polling day:

• Electoral officials must not:
  • divulge any information concerning the vote of an elector in any way that is likely to enable identification of the elector (penalty: up to $1000 or imprisonment for six months, or both),
  • wear or display any badge or emblem of a candidate or political party in a polling place on polling day (penalty: up to $1000),
  • do anything in order to influence the vote of an elector (penalty: up to $1000 or imprisonment for six months, or both);
• The proprietor (or employee of the proprietor) of a hospital or nursing home must not attempt to influence the vote of a patient (penalty: up to $1000 or imprisonment for six months, or both);
• Anyone who, on polling day, makes a statement to an elector concerning his or her enrolment, knowing it to be false or misleading, is guilty of an offence (penalty: up to $1000 or imprisonment for six months, or both);
• Anyone who wilfully exhibits or leaves a how-to-vote card in any polling place, is guilty of an offence (penalty : up to $500);
• Except where expressly authorised by the Commonwealth Electoral Act (for example, assistance to incapacitated or illiterate voters), anyone who marks a vote or makes any other mark on the ballot paper of any other voter is guilty of an offence (penalty: up to $1000 or imprisonment for six months, or both);
• Any misconduct in any polling place (or pre-poll voting office or counting centre), failure to obey the lawful directions of the person in charge, or entry to or remaining on the premises without permission of the person in charge, is an offence (penalty: up to $500). The offender may be removed from the polling place by the police or anyone else authorised by the person in charge;
• It is an offence to:
  • impersonate anyone in order to secure a ballot paper to which the impersonator is not entitled,
  • impersonate anyone in order to vote,
  • fraudulently destroy or deface any nomination paper or ballot paper,
  • fraudulently put any ballot paper or other paper in the ballot box,
  • fraudulently take any ballot paper out of any polling place or counting centre,
  • forge any nomination paper or ballot paper,
  • supply ballot papers without authority,
  • unlawfully destroy, take, open or otherwise interfere with ballot boxes or ballot papers,
  • deliberately make a false or misleading statement in a claim, application, return, declaration, or in answer to a question,
  • make a false or misleading statement in a nomination paper or omit a matter without which the statement is misleading,
  • penalty: imprisonment for six months);
• Electors must no vote more than once in the same election.
• Anyone who wilfully defaces, mutilates, destroys or removes any official electoral notice, list or document is guilty of an offence (penalty: up to $500);
• The following acts are prohibited within six metres of an entrance of a polling place:
  • canvassing or soliciting for votes (consequently, supporters distributing how-to-vote cards must keep off polling place premises or grounds, and only hand out how-to-vote cards to voters outside these limits),
  • inducing any elector not to vote for any particular candidate,
  • inducing any elector not to vote at the election,
  • exhibiting any notice or sign (other than an official one) relating to the election,
  • (penalty: up to $500).

Funding and disclosure

11.9 The following offences relate to election funding and financial disclosure:

• failure to submit a disclosure return by the due date (penalty: up to $5000 for a political party return; $1000 for any other return);
• continued failure to submit a return (dating from the day of conviction for failure to submit a return by the due date (penalty: up to $100 per day);
• submitting an incomplete return (penalty: up to $1000);
• failure to retain records for three years after polling day (penalty: up to $1000);
• knowingly furnishing false or misleading information in a return (penalty: up to $10 000 for a party agent; up to $5000 for any other person);
• knowingly furnishing false or misleading information to a person required to submit a return (penalty: up to $1000);
• failure to produce documents or give evidence when required by an authorised officer of the AEC (penalty: up to $1000);
• knowingly giving evidence that is false or misleading (penalty: up to $1000 or imprisonment for six months, or both).

Referendums

Amendment of the Constitution

12.1 The Australian Constitution may only be altered with the approval of the Australian electorate. Any proposed amendment must be submitted to the direct vote of the enrolled population in a referendum. Voting is compulsory. The conduct of a referendum is governed by the Referendum (Machinery Provisions) Act 1984.

12.2 Section 128 of the Constitution provides that any proposed law (a Bill) for the alteration of the Constitution must be passed by an absolute majority in both Houses of the federal Parliament. If passed by both Houses, the Bill is submitted to a referendum at least two months, but less than six months, after it has been passed by Parliament. In certain circumstances, a proposed amendment can be submitted to a referendum if it is passed on two separate occasions by only one House of the Parliament.

12.3 At the referendum, the proposed amendment must be approved by a double majority:

• a national majority of all electors who are qualified to vote for the election of members of the House of Representatives, and
• a majority of electors voting in a majority of the States (that is, at least four of the six States).

12.4 Of 42 proposed amendments submitted to the electors at referendums since federation, only eight have gained the approval of the necessary number of electors and States. (See Appendix L for a list of referendum results.)

Stages of a referendum

12.5 The main stages of a referendum are:

• A Bill setting out the proposed amendment to the Constitution is passed by both Houses of Parliament;
• The Governor-General issues a writ for the referendum which must be held on a Saturday. The referendum must be held in the period between two months and six months after the proposed amendment has been passed in Parliament;
• In the four weeks after the passage of the Bill by Parliament, a majority of those Members and Senators who voted for the proposed amendment may prepare a case for a ‘Yes' vote and lodge it with the Electoral Commissioner. Similarly, a majority of those Members and Senators who voted against the proposed amendment may prepare a ‘No' case and also lodge it with the Electoral Commissioner. When a proposed amendment is passed unanimously, there is no ‘No' case to be prepared;
• Not later than 14 days before voting day, the Electoral Commissioner must have the ‘Yes' and ‘No' cases, together with a statement showing the textual alterations and additions proposed to be made to the Constitution, printed and posted to every elector;
• If a majority of all the electors voting and a majority of the electors in a majority of States approve the proposed law, the referendum is carried and the proposed law is given Royal Assent by the Governor-General.

Voting Procedures

12.6 Procedures for voting at a referendum are substantially similar to those which operate at elections except that electors vote by writing either Yes or No opposite each question on the ballot paper.

Other Polls

Military service plebiscites

12.7 Military service plebiscites were held in 1916 and 1917 but, as they were not proposals to amend the Constitution, the provisions of section 128 of the Constitution did not apply. Electors in Territories were permitted to vote. Both the military service plebiscites, which sought a mandate for conscription, were defeated.

National song poll

12.8 The national poll for a national song was held on 21 May 1977. Voting was preferential as for House of Representatives elections, and after the distribution of preferences, Advance Australia Fair became the national song.

Constitutional Convention Election

12.9 The Constitutional Convention election was a voluntary national postal ballot to elect 76 of 152 delegates who attended a Constitutional Convention held at Old Parliament House, Canberra in February 1998. The Convention was held to discuss Australia becoming a Republic. The election was conducted under the provisions of the Constitutional Convention (Election) Act 1997. Rolls for the election closed on 7 October 1997, nominations closed on 10 November 1997 and the poll closed on 9 December 1997.