Commonwealth Electoral Act 1918 | |
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Parliament of Australia | |
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Commenced | Various dates |
Amended by | |
1924, 1949, 1962, 1973, 1984, 2016, 2020 | |
Related legislation | |
Commonwealth Franchise Act 1902, Commonwealth Electoral Act 1902 |
The Commonwealth Electoral Act 1918 is an Act of the Australian Parliament which continues to be the core legislation governing the conduct of elections in Australia, having been amended on numerous occasions since 1918. [1] The Act was introduced by the Nationalist Party of Billy Hughes, the main purpose of which was to replace first-past-the-post voting with instant-runoff voting ("preferential voting") for the House of Representatives and the Senate. The Labor Party opposed the introduction of preferential voting. [2] The Act has been amended on several occasions since.
The 1918 Act replaced the Commonwealth Franchise Act 1902 , which had defined who was entitled to vote in Australian federal elections, and the Commonwealth Electoral Act 1902. [3] The 1902 Franchise Act set uniform national franchise criteria, establishing the voting age at 21 years and women's suffrage at the national level, also a right to stand for election to the Parliament. That Act also disqualified from voting a number of categories of people, including Indigenous peoples from Australia, Asia, Africa and the Pacific Islands (except New Zealand Māori), even if citizens of the British Empire. A plurality voting system ("first-past-the-post") was established. The legislation also made it clear that no person could vote more than once at each election. In 1908, a permanent electoral roll was established and in 1911 it became compulsory for eligible voters to enrol. Compulsory enrolment led to a large increase in voter turnout, even though voting was still voluntary. From 1912, elections have been held on Saturdays. [4]
The 1918 Act replaced the Commonwealth Franchise Act 1902 and the Commonwealth Electoral Act 1902. [3] It replaced first-past-the-post voting with instant-runoff voting ("preferential voting") for the House of Representatives and the Senate. (Preferential voting had been pioneered by Queensland in 1892.) [4] The voting system was changed by the anti-Labor Hughes after the 1918 Swan by-election, which saw the Labor candidate win with 34% of the vote due to a split in the anti-Labor vote between the Nationalist and Country Party candidates, with 29.6% and 31.4% respectively. The Labor Party opposed the introduction of preferential voting. [2]
The Act also repeated the special jurisdiction of the High Court of Australia as the Court of Disputed Returns in federal election matters, [5] initially established by Part XVI of the Commonwealth Electoral Act 1902.
In 1921, the Act was amended to disqualify anyone standing for federal parliament who "has resigned from the Parliament of a State and has the right, under the law of the State, if not elected to the Parliament of the Commonwealth, to be re-elected to the Parliament of the State without the holding of a poll". This amendment was made specifically to overrule an act passed by the Queensland state government, which allowed state MPs to automatically return to parliament without a by-election if they ran unsuccessfully for federal parliament. The Queensland government reportedly passed the legislation primarily for the benefit of Frank Forde, a future prime minister. [6] [7]
The Commonwealth Electoral Act 1924 amended the earlier act to require compulsory voting at federal elections. It was introduced as a private senator's bill by Herbert Payne of the Nationalist Party, only the third such bill to pass through federal parliament. The introduction of compulsory voting saw voter turnout increase from a record low of 59 percent at the 1922 election to 91 percent at the 1925 election. [8]
The Chifley government amended the Electoral Act in 1949, in time for the 1949 federal election, as follows:
Although in 1948 (effective in 1949) Australian nationality law had been altered to create an Australian citizenship, the nationality criterion for the franchise remained that of being a British subject.
In 1962, the Menzies government extended the franchise to all Indigenous Australians at federal elections, [4] [10] though enrolment was voluntary. The amendment also made it an offence to encourage Indigenous Australians to enrol to vote. [11] [12] [13]
Changes to the Electoral Act in 1973 by the Whitlam government included:
Changes to the Electoral Act in 1984 by the Hawke government included:
The Electoral and Referendum Amendment (Improving Electoral Procedure) Act 2013 amended the Electoral Act to: [18] [19] [20]
In 2016, the registered preference part of the Senate group ticket voting system was abolished, [21] to avoid undue influence of preference deals experienced in 2013, [22] and especially cascading preference deals (which are unlikely to be obvious to most voters). [23]
On 9 December 2020, the Electoral Act was amended by the Electoral Amendment (Territory Representation) Act to use the harmonic mean method to calculate the entitlement determination for the territories. [24] [25] The amendment came into effect on 15 February 2021.
In September 2021, the Electoral Act was amended by the Electoral Legislation Amendment (Party Registration Integrity) Act 2021 and made the rules surrounding the registration of political parties stricter. The tightening of party registration rules was reportedly due to an increase of parties on the Senate ballot, which resulted in the requirement of magnifying sheets for some voters to read the ballot, and a perception that voters would be misled by names of some minor parties. [26] The first change was the increase of membership requirements for a party from 500 to 1500. [26] [27] The second change was that parties cannot have names that were too similar to political parties registered before them. This meant that new parties are prevented from registering a party name and/or logo "too similar to an existing party's". [26] [27] As for existing registered parties, a party may also object to a similar name and/or logo used by another party, if the latter party was registered later than the former party. If the Australian Electoral Commission (AEC) is satisfied with the objection, it can uphold the objection, and the later-registered party will be deregistered within a month of the upholding, if an application to change the name and/or logo is not made or has been denied. [28]
The House of Representatives is the lower house of the bicameral Parliament of Australia, the upper house being the Senate. Its composition and powers are set down in Chapter I of the Constitution of Australia.
The Parliament of Australia is the federal legislature of Australia. It consists of three elements: the monarch of Australia, the Senate, and the House of Representatives. It combines elements from the Westminster system, in which the party or coalition with a majority in the lower house is entitled to form a government, and the United States Congress, which affords equal representation to each of the states, and scrutinises legislation before it can be signed into law.
The electoral system of Australia comprises the laws and processes used for the election of members of the Australian Parliament and is governed primarily by the Commonwealth Electoral Act 1918. The system presently has a number of distinctive features including compulsory enrolment; compulsory voting; majority-preferential instant-runoff voting in single-member seats to elect the lower house, the House of Representatives; and the use of the single transferable vote proportional representation system to elect the upper house, the Senate.
Electoral systems of the Australian states and territories are broadly similar to the electoral system used in federal elections in Australia.
The parliaments of the Australian states and territories are legislative bodies within the federal framework of the Commonwealth of Australia.
The Legislative Assembly of the Northern Territory is the unicameral legislature of Australia’s Northern Territory. The Legislative Assembly has 25 members, each elected in single-member electorates for four-year terms. The voting method for the Assembly is the full-preferential voting system, having previously been optional preferential voting. Elections are on the fourth Saturday in August of the fourth year after the previous election, but can be earlier in the event of a no-confidence vote in the government. The most recent election for the Legislative Assembly was the 2024 election held on 24 August. The next election is scheduled for 26 August 2028.
The South Australian House of Assembly is one of the two chambers of the Parliament of South Australia, the other being the Legislative Council. It sits in Parliament House in the state capital, Adelaide.
The Australian Electoral Commission (AEC) is the independent statutory authority and agency of the Australian Government responsible for the management of federal Australian elections, by-elections and referendums.
Elections in Australia take place periodically to elect the legislature of the Commonwealth of Australia, as well as for each Australian state and territory and for local government councils. Elections in all jurisdictions follow similar principles, although there are minor variations between them. The elections for the Australian Parliament are held under the federal electoral system, which is uniform throughout the country, and the elections for state and territory Parliaments are held under the electoral system of each state and territory. An election day is always a Saturday, but early voting is allowed in the lead-up to it.
The Parliament of South Australia is the bicameral legislature of the Australian state of South Australia. It consists of the 47-seat House of Assembly and the 22-seat Legislative Council. General elections are held every 4 years, with all of the lower house and half of the upper house filled at each election. It follows a Westminster system of parliamentary government with the executive branch required to both sit in parliament and hold the confidence of the House of Assembly. The parliament is based at Parliament House on North Terrace in the state capital of Adelaide.
The Commonwealth Franchise Act 1902(Cth) was an Act of the Parliament of Australia which set out who was entitled to vote in Australian federal elections. The Act established, in time for the 1903 Australian federal election, suffrage for federal elections for those who were British subjects over 21 years of age who had lived in Australia for six months. The Act excluded natives of Australia, Asia, Africa and the Pacific Islands (other than New Zealand) from the federal franchise, unless they were already enrolled to vote in an Australian state. The Act gave Australian women the right to vote and stand for parliament at the federal level unless they fell into one of the categories of people excluded from the franchise.
A Langer vote was a style of voting in the Australian electoral system designed to avoid the requirement to express preferences for all candidates without the vote being rejected as informal. The title is a tribute to Albert Langer, an Australian political activist, who advocated for the use of this style as a de facto method of optional preferential voting for making a valid vote for the voter's preferred candidates while the deliberate "error" avoided the vote being counted for one of the major political parties.
The voting rights of Indigenous Australians became an issue from the mid-19th century, when responsible government was being granted to Britain's Australian colonies, and suffrage qualifications were being debated. The resolution of universal rights progressed into the mid-20th century.
Herbert James Mockford Payne was an Australian politician. He served as a Senator for Tasmania from 1920 to 1938 and as a member of the Tasmanian House of Assembly from 1903 to 1920.
Women's suffrage in Australia was one of the early achievements of Australian democracy. Following the progressive establishment of male suffrage in the Australian colonies from the 1840s to the 1890s, an organised push for women's enfranchisement gathered momentum from the 1880s, and began to be legislated from the 1890s. South Australian women achieved the right to vote and to stand for office in 1895, following the world first Constitutional Amendment Act 1894 which gained royal assent the following year. This preceded even universal male suffrage in Tasmania. Western Australia granted women the right to vote from 1899, although with racial restrictions. In 1902, the newly established Australian Parliament passed the Commonwealth Franchise Act 1902, which gave women equal voting rights to men and the right to stand for federal parliament. By 1908, the remaining Australian states had legislated for women's suffrage for state elections. Grace Benny was elected as the first female local government councillor in 1919, Edith Cowan the first state Parliamentarian in 1921, Dorothy Tangney the first Senator and Enid Lyons the first Member of the House of Representatives in 1943.
Suffrage in Australia is the voting rights in the Commonwealth of Australia, its six component states and territories, and local governments. The colonies of Australia began to grant universal male suffrage from 1856, with women's suffrage on equal terms following between the 1890s and 1900s. Some jurisdictions introduced racial restrictions on voting from 1885, and by 1902 most Australian residents who were not of European descent were explicitly or effectively excluded from voting and standing for office, including at the Federal level. Such restrictions had been removed by 1966. Today, the right to vote at all levels of government is held by citizens of Australia over the age of 18 years, excluding some prisoners and people "of unsound mind".
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In Australia, voter registration is called enrolment. Enrolment is a prerequisite for voting at federal elections, by-elections and referendums, as well as all state and local government elections; and it is generally compulsory for enrolled persons to vote unless otherwise exempted or excused. Enrolment is compulsory for Australian citizens over 18 years of age who have lived at their current address for at least one month. Enrolment is not compulsory for persons with no fixed address who are not already enrolled. Residents in Australia who had been enrolled as British subjects on 25 January 1984, though not Australian citizens, continue to be enrolled, and cannot opt out of enrolment. For local government elections, an elector generally does not require to be an Australian citizen. Once enrolled, a person cannot opt out of enrolment. Enrolment is optional for 16- or 17-year-olds, but they cannot vote until they turn 18, and persons who have applied for Australian citizenship may also apply for provisional enrolment which takes effect on the granting of citizenship.
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...legislation ... made it an offence to encourage Aboriginal and Torres Strait Islander adults to enrol to vote...
...'In fact it was actually an offence to encourage Aboriginal people to enrol to vote,' Dr [Blake] Singley said...
...4. Section once hundred and fifty-six ... 'promises, offers or suggests any valuable consideration, advantage, recompense, reward or benefit for ... (i) any enrolment, or refraining from enrolment, an elector by an aboriginal native of Australia'... 5. 'the supply of meat, drink, entertainment or transport with a view to influencing enrolment, or refraining from enrolment, as an elector by an aboriginal native of Australia'...