Legal matters

A look at a proposed electoral law overhaul that focuses largely on issues of specific concern to the Coalition.

The government introduced four electoral reform bills to parliament yesterday. Antony Green offers a good overview that notes what’s missing from the recommendations of the Joint Standing Committee on Electoral Matters’ inquiry into the 2019 election: the particularly contentions measures of voter identification and optional preferential voting, and arrangements for handling an election during the pandemic, which will presumably have to follow at a later time.

To summarise:

• The most striking is a bill to triple the number of members required of a registered political party to 1500 and to disallow the registration of parties whose names contain, with limited exceptions, words already used in the name of a pre-existing party. The former requirement does not affect the significant exception that exists for parties with seats in parliament, as applies to Katter’s Australian Party, the Centre Alliance and the Jacqui Lambie Network (Antony Green notes it also helped Fraser Anning’s Conservative National Party to both register and blag free ABC air time before the last election, not that this proved notably helpful to them). Parties will have three months after the passage of the bill to either pass muster or face deregistration, in which case they will not be identified on ballot papers or eligible for public funding. This would appear to be one in the eye for the Liberal Democrats, who this week confirmed Campbell Newman as their Senate candidate in Queensland.

• A bill encompassing “counting, scrutiny and operational efficiencies” gives effect to JSCEM’s recommendation that the pre-poll voting period should be cut from three weeks to two, which the Coalition, Labor and Greens members were all on board with. It also allows for pre-poll votes to be pre-processed in the two hours before polls close so the actual counting of the votes can begin without delay, which should address an issue of recent election nights in which election day booths are mostly in by 8pm but pre-poll voting centres often aren’t until 11pm to midnight. Similarly, the bill allows for postal votes to be pre-processed so more of them can be counted on Sunday.

• An “electoral offences and preventing multiple voting” bill includes a measure to prevent those suspected of multiple voting from persisting in doing so, and one to target behaviour the Liberal Party has complained of being subjected to by GetUp! activists, specifically “violence, obscene or discriminatory abuse, property damage and harassment or stalking”. Former electoral administrator Michael Maley wonders if the latter measure might capture heckling or asking difficult questions; electoral law expert Graham Orr notes it brings the activities of FriendlyJordies to mind.

• A bill to lower the threshold for which third parties campaigning at elections will have to register as political campaigners, requiring them to file annual financial disclosure returns. The current six-figure threshold does seem on the high side, but the cause of “public confidence in Australia’s political processes” would surely be better served by lowering the threshold for declaring donations to political parties.

Other news:

• The Australian Electoral Commission has published the full panoply of reports and data relevant to the now finalised federal redistributions of Victoria and Western Australia. Antony Green has worked his estimated margins into a finalised 2022 federal election pendulum.

• Rachel Siewert, Greens Senator for Western Australia, announced on social media this week that she will resign her position in the Senate next month. This will allow the party’s preselected lead Senate candidate, Dorinda Cox, to build her profile ahead of next year’s election, a common practice for the Greens.

Author: William Bowe

William Bowe is a Perth-based election analyst and occasional teacher of political science. His blog, The Poll Bludger, has existed in one form or another since 2004, and is one of the most heavily trafficked websites on Australian politics.

3,209 comments on “Legal matters”

Comments Page 59 of 65
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  1. P1 really wants those special changerooms at the local yacht club, really believes that they will get the promised train station carpark, has kids who go to the posh private school and attends the congregation that is getting extra security cameras – cos that’s what god requires to look after his stash…

    Outside of being a mining executive, I can’t think of any other reason why P1 could possibly vote liberal above labor.

  2. a r:

    Tuesday, August 17, 2021 at 2:29 pm

    [‘That it will. But it’ll also loose covid on every other state. To the extent that it hasn’t already.]

    Plans are already in place to build a wall along the entire NSW/QLD border, to keep the Mexicans.

    [‘Gladys has all the power. And she’s going to do the wrong thing with it.’]

    I wouldn’t say she’s got all the power, each state & the territories having the powers to thwart Berejiklian’s cunning but obvious plan of having lives playing second fiddle to the economy.

  3. PlayerOne explained the reasons the otherday with the comment about higher property prices higher share markets and lower taxes.

  4. Guardian Blog
    A Covid-19 positive Newcastle man who’s accused of hosting numerous parties last month in defiance of NSW health orders will have to explain himself in court, AAP reports.
    Police say the 22-year-old man hosted a number of large gatherings at a home at Shortland, on three separate nights from July 28 to 30.
    Two women, aged 21 and 20, have previously been issued court attendance notices for attending the gatherings and remain before the courts.

    All three people have since tested positive to Covid-19 and are now isolating, with the man due in Newcastle Local Court on September 28.

    A further three people – two men aged 21 and 26, and a 20-year-old woman – were issued with $1000 penalty infringement notices for attending the gatherings as police work on identifying other guests.

    Prison sentence in Tasmania ( West coast) would seem a good option

  5. Sceptic
    Is that for Gladys because she is popular and most people don’t want lockdowns and most of the anger is directed at Morrison.

  6. Rather than than listening to the PM practising his acting skills, first in quiet pseudo-sympathy, then in rousing artificial cheerfulness, I have been cleaning out the filter from the dishwasher.

    It must have been designed by an engineer who assumed that it would never have to be cleaned, but would miraculously shed any bits of dog hair and accumulated grunge, all by itself. Narrow slots only accessible by a knife.

    Same goes for the innards of the head of the vacuum cleaner. Two dried leaves, a twig and a piece of paper makes an efficient block that takes an inordinate amount of time to extract with hooked wire (I wasn’t the fool who sucked them into it.)

  7. Sceptic at 2:51 pm

    JWS survey
    “Younger adults rate Government performance more favourably across most key issues..”

    Totally unbelievable.

    Not really . As ‘young’ adults how much government would they have to compare it with since becoming ‘adults’ ? Many would only have seen a Truffles,Abbott,Morrison since becoming an ‘adult’.

  8. Good luck to P1 and her personal rationalisations for making common cause with the enemy of humanity: the very forces that drives all of her pet hobby horses into the political dust.

    We have the satisfaction to see her exposed for what she is, and as it turns out always was: a fake progressive, faux climate warrior. A charlatan simp. The village fool, and useful tool for the Tories.

    Bludger-trash indeed.

  9. Player One says:
    Tuesday, August 17, 2021 at 2:47 pm
    Alpha Zero @ #2901 Tuesday, August 17th, 2021 – 2:41 pm

    I can’t think of any other reason why P1 could possibly vote liberal above labor.
    No, it’s evident that you cannot. But I don’t quite see how your lack of imagination is my problem.

    _______________________________________

    Perhaps I can put it better.

    If your absolute number one value is doing something about climate change, then it does not make sense to give a government that has done nothing since 2013 but smash this nation’s efforts and ability to address the climate change challenge three more years to inflict further damage.

    Please explain.

  10. ‘Diogenes says:
    Tuesday, August 17, 2021 at 2:56 pm

    You could argue that Biden’s strategy in Afghanistan was to let it rip.’
    ____________________________________
    It was the same as Trump’s. We lost. You won. You can figure the rest out for yourself.

  11. Mexicanbeemer

    Its not just Liberals but ALP people also vote for who they think will look after them.

    Yep. I lose count of how many times I’ve encountered opinions from (sometimes very strongly ideological) Labor/Greens/any other left of centre party supporters who care about the issues only to the degree of what directly benefits them. And, as soon as an issue comes up that doesn’t directly affect them, they either ignore it, or they dismiss it as a meaningless distraction or some form of intellectual elitism.

  12. I honestly don’t give a shit about whom Player One votes for. This topic is boring. Can we please talk about literally anything else other than an attention-seeking contrarian?

  13. “ Do you actually win any jury trials?”

    As it turns out about 90% of them as a prosecutor, and about 70% as defence counsel (with the remainder evenly split between guilty, mixed verdicts and hung juries) …

  14. lizziesays:

    Rather than than listening to the PM practising his acting skills, first in quiet pseudo-sympathy, then in rousing artificial cheerfulness, I have been cleaning out the filter from the dishwasher.

    Good on you. I’m constantly amazed at those mechanics who have 6 inch long rubber fingers as that would be the only way you can get at some things to fix them.

  15. Douglas and Milko @ #2798 Tuesday, August 17th, 2021 – 11:51 am

    P1 always has been a Lib. They might feign otherwise from time to time, but they’re Labor-phobic. They play games of pretence. Hide-and-seek blogging. They mean Labor nothing but ill in the same way as they meant nothing but ill with respect to marriage law reform. They really are the ultimate waste of time.

  16. The Great Toilet Paper Chase is on again in Auckland, NZ. A community case has been picked up. A presser at 6pm local time. People would be anticipating a lock down.

  17. I wonder if Morrison will be praying to his god to save the Afghans?

    “On the ground events have overtaken many efforts, we wish it were different.”

    You don’t need The Chaser or Betoota Advocate to satirise words like Morrisons.

    Criticism of the slow process for Afghans who helped Australian forces to get travel permits is because the process for some has gone on for over a year.
    https://www.sbs.com.au/news/fears-that-australia-is-moving-too-slowly-on-visas-for-afghan-interpreters

    And what is the security risk they are worried about? Is there a single instance of Afghans, particularly Hazaras, carrying out terrorist attacks in Australia? I am not aware of any.

    It looks like the security goons are using “security risk” as a stalling tactic. I smell Dutton.

  18. [‘The prime minister was pressed further: “You were saying you were aware of the deteriorating situation in Afghanistan since May, closed the embassy at that time.”]

    “Why did it take until now, mid-August, to send these 250 personnel and can you rule out that any of them that have been sent are in any way connected to the Brereton inquiry?”

    The prime minister, visibly frustrated at the line of questioning, snapped back at the reporter for casting slurs.’]

    [“These are 250 Australians answering the call of their government to go and help Australians in need, and you’re questioning their integrity,” he responded.

    [“They’re going to do their service in our uniform and in our name. I respect it and I would ask others to respect it also and not to cast slurs against their integrity.’] – news.com

    In typical fashion Morrison says the journo asking a completely legitimate question had slurred the ADF.
    The man’s first-class prick.

  19. Then stop wasting it then, N.

    Think of something more intellectually stimulating and important, like removal of your belly button lint, instead.

  20. This comes to mind…

    “I learned long ago,
    never to wrestle with a pig.

    You get dirty, and besides,
    the pig likes it.”

    G. B.Shaw

  21. Andrew_Earlwood:

    Tuesday, August 17, 2021 at 3:13 pm

    [‘As it turns out about 90% of them as a prosecutor, and about 70% as defence counsel…’]

    It’s a wonder you don’t suffer from split personality
    disorder.

  22. Player One says:
    Tuesday, August 17, 2021 at 3:15 pm
    Go on, briefly – go for the worst insult you know and call me a Green.

    You know you want to!

    It’s be kind to Greens day here in the West. I won’t slur them by comparing them to you.

  23. Fulvio Sammut says:
    Tuesday, August 17, 2021 at 3:20 pm
    Then stop wasting it then, N.

    Think of something more intellectually stimulating and important, like removal of your belly button lint, instead.

    I’ve been saving up that particular grooming for the resumption of cricket.

  24. Completely off topic
    When Australian soldiers are parading what are the correct commands to turn 90 degrees right or left or 180 degrees.

  25. ““Why did it take until now, mid-August, to send these 250 personnel and can you rule out that any of them that have been sent are in any way connected to the Brereton inquiry?”

    The prime minister, visibly frustrated at the line of questioning, snapped back at the reporter for casting slurs.’]”

    Stupid question that gives Morrisson a free pass. Its bordering on Dorothy Dixer territory actually.

    The reporter (whoever it was) should have stopped at the first question. *That* was a good question that Morrisson should address. Instead they load it up with a totally inane secondary question that allows Morrisson to go off on his “why aren’t you supporting our troops” BS deflection. But this is always so typical of reporters questioning polies – the questions are always so loaded that the answers can be whatever BS spin they want – because who remembers what the question actually was?

    PM ‘visibly frustrated’ by the question? Poppycock. He couldn’t be happier with it.

  26. Player One says:
    Tuesday, August 17, 2021 at 12:11 pm
    Douglas and Milko @ #2798 Tuesday, August 17th, 2021 – 11:51 am

    If you are not encouraging others in marginal seats to vote for Morrison at the next election, then you should say so very clearly.

    In my electorate, since I do not yet think Labor is offering a sufficiently compelling alternative to win win overall, the consequence of what I am suggesting are indeed that I think it would be sensible to give your vote first preferences to an independent or minor party, followed by preferencing Liberal above Labor.
    ______________________________________________________________________________________________________________________
    P1, that makes you a Tory.
    To state in any circumstance that you should preference Coalition candidates above Labor means advocating a vote that makes a Coalition win more likely.
    I shall henceforth not take seriously any bleatings from you about how Labor has sold out on climate change or any other policy.
    It would have been better if you had just stated that you are a Tory, instead of indulging in pseudo-progressive language to rationalise a right-of-centre political position.

  27. Sir Henry Parkes @ #2941 Tuesday, August 17th, 2021 – 3:39 pm

    P1, that makes you a Tory.

    Goodness. Another one who believes that anything other than “Vote 1 Labor” means you must be a Tory.

    I wonder if any of the people who have promulgated this arrant nonsense today actually believe that political parties other than Labor and Tory should really be allowed to exist. And let’s not get started on “independents”!

  28. My take on voting self-interest is that I expect the vast majority of (certainly not all) voters to act in that way. What I find disappointing is that many people see that self-interest in a very narrow (or very short-term) perspective. (It goes without saying that many voters miscalculate even that narrow assessment – New England preferred Barnaby Joyce to Tony Windsor in 2013!!)
    I am at a stage in life where I have only a remote direct interest in the education system at all levels (grandchildren in primary school being the closest relatives currently engaged). However, I see a benefit in a quality education system as part of a good society, which is a significant element of my value system and therefore my self-interest; as well scientific advances, for example, occur when young people are able to develop their talents which is a direct consequence of a well-resourced, well-staffed education system (I’d add well-funded for all students, not just the select proportion who can access expensive private schools or can pay their way in expensive university courses). I have specifically benefited from the cochlear implant, which is a product of this process.
    I merely cite education as an example. An effective, accessible health system, a functioning transport system, a healthy environment are among many other elements I consider desirable. An assessment of how these are likely to be achieved, maintained and advanced inform my self-interested voting behaviour.

  29. Socrates
    “Criticism of the slow process for Afghans who helped Australian forces to get travel permits is because the process for some has gone on for over a year.”

    I bet it didn’t take Katie Hopkins over a year to get approval. Odd that….

  30. The Silver Bodgie @ #2942 Tuesday, August 17th, 2021 – 3:44 pm

    Latest Essential.

    https://essentialmedia.cmail19.com/t/r-l-trlljujd-ovikluiru-r/

    Interesting Essential, first poll since the latest IPCC report , I think …

    There is high concern for all impacts of climate change affecting Australia identified in the latest IPCC report.

    63% support the introduction of a levy to high carbon-emitting industries.

    61% of people support both setting a nationwide ‘net zero’ carbon emission target for 2030, and the closure of all fossil fuel-burning power stations, and transition to renewables and battery storage by 2030.

    Just over half (53%) support the end of public funding for coal and gas mining in Australia.

    47% are in favour of the phase-out of new petrol cars by 2030.

    Not too surprisingly, support for all policies generally highest amongst “Greens”, lowest amongst “Others”.

  31. Player One says:
    Tuesday, August 17, 2021 at 3:46 pm
    Sir Henry Parkes @ #2941 Tuesday, August 17th, 2021 – 3:39 pm

    P1, that makes you a Tory.

    Goodness. Another one who believes that anything other than “Vote 1 Labor” means you must be a Tory.
    ______________________________________________________________________________________________________________________
    No. I believe voting in such a way as to put Liberal before Labor makes you a Tory. What else does it make you? A Green or a disillusioned leftwinger?
    You’re entitled to vote Tory P1, even indirectly by preferencing them. Just don’t claim that you’re not a conservative. Remember, there’s a special place in Hell reserved for hypocrites.

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