Australian electoral systems.
Both electoral procedures and electoral systems must be based on fundamental democratic principles.
Elections must be free, fair and regular. This means that the major requirements of democratic elections are:
Elections must be free, fair and regular. This means that the major requirements of democratic elections are:
- A free and equal vote: Electoral procedures and systems must encourage maximum possible participation by citizens. This requires there to be one vote one person and relative equality in the value of each vote.
- A vote without pressure: Citizens must exercise their vote freely. They should not be coerced or bullied into choosing a particular candidate. In the 1800s the Australian colonies adopted the idea of a secret ballot to try to ensure that people could always exercise a free choice at the ballot box.
- Freedom of information: Democratic choice must be based on the existence of fundamental political freedoms such as freedom of speech and assembly as well as a free media.
- An extensive right to stand for office. Elections must provide genuine choice-therefore there must be wide opportunity to run for political office.
- A predictable pattern of elections: Elections must be held regularly and reasonably frequently according to a set pattern.
Task.
Using your textbook complete the 'Voting systems' worksheet.
Task.
Complete the 'My federal electorate' worksheet.
Sources of Electoral Law
There are three main bodies of law that establish the Australian Electoral System:
1.The Commonwealth Constitution:
-Very minimalist (lacks fine details)
-Section 41 – “any citizen who is eligible to vote in a state election, is automatically eligible to vote in a federal election”
-Section 7 (House of Reps having 3 year terms) and section 24 (Senate having 6 year terms) – “directly elected by the people”
2. Commonwealth Electoral Act (1919) has undertaken numerous amendments over the years.
- codifies a process by which elections are held under the rule of law.
- establishes the Australian Electoral Commission
- provides details of the voting systems that are used in Australia:
3. Common Law: Decisions made by our courts
E.G. 1: Roach Case (2007) – Roach v AEC.
Prisoner who would released within 3 years from the 2007 election. The HC found that the terms ‘directly elected by the people’ in section s 7 and 24 would be contravened if Roach was not allowed to vote. As such, the voting rules had to changed prior to the 2007 election.
E.G. 2: Rowe Case (2010) – Rowe v AEC.
Rowe challenged the early closing of registration for new voters for the 2010 election. If you had not enrolled within 7 days of the writs being issued for the election, you were ineligible to vote even though you would have been 18. Again the HC ruled that registrations must be extended to allow sufficient time for young voters to enroll.
1.The Commonwealth Constitution:
-Very minimalist (lacks fine details)
-Section 41 – “any citizen who is eligible to vote in a state election, is automatically eligible to vote in a federal election”
-Section 7 (House of Reps having 3 year terms) and section 24 (Senate having 6 year terms) – “directly elected by the people”
2. Commonwealth Electoral Act (1919) has undertaken numerous amendments over the years.
- codifies a process by which elections are held under the rule of law.
- establishes the Australian Electoral Commission
- provides details of the voting systems that are used in Australia:
- Preferential Voting (House of Representative)
- Optional Preferential Voting (Senate)
3. Common Law: Decisions made by our courts
E.G. 1: Roach Case (2007) – Roach v AEC.
Prisoner who would released within 3 years from the 2007 election. The HC found that the terms ‘directly elected by the people’ in section s 7 and 24 would be contravened if Roach was not allowed to vote. As such, the voting rules had to changed prior to the 2007 election.
E.G. 2: Rowe Case (2010) – Rowe v AEC.
Rowe challenged the early closing of registration for new voters for the 2010 election. If you had not enrolled within 7 days of the writs being issued for the election, you were ineligible to vote even though you would have been 18. Again the HC ruled that registrations must be extended to allow sufficient time for young voters to enroll.